Explanatory Statement
Civil Aviation Safety Regulations 1998
Manual of Standards Subpart 91U Instrument 2005
Section 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Some of these regulations are contained in the Civil Aviation Safety Regulations 1998 (CASR 1998). Subpart 91.U of CASR 1998 deals with navigation authorisations. Under regulation 91.5010, CASA may issue a Manual of Standards for Subpart 91.U that provides for various matters relating to the technical, training, operational and monitoring standards that form the basis of navigation authorisations. CASA has issued MOS Subpart 91.U (the MOS) for this purpose.
For consultation purposes, on 14 July 2004 CASA published Notice of Proposed Rule Making NPRM 0404/AS, Proposed Subpart 91.U of the Civil Aviation Safety Regulations (CASR) relating to Part 91 – General operating & flight rules. This NPRM addressed the proposed Subpart 91.U of CASR as well as the proposed MOS.
The NPRM described how the new regulatory framework would consolidate existing approvals and give all navigation approvals a firm legal basis. Further, it stated that the legislation would provide a transparent RNP approval process, clear technical and operational standards, improved operational safety and enable the benefits offered by reductions in separation minima to be realised for Australian operators.
Three written submissions and 1 verbal submission were received before the closing date of 22 September 2004 and these were taken into account in formulating the MOS.
The MOS sets out the technical, operational and training requirements for the issue of RNP 4 and RNP 10 navigation authorisations by CASA. RNP (Required Navigation Performance) is a “statement of the navigation performance accuracy necessary for operation within a defined airspace” (ICAO Manual on Required Navigation Performance, Doc 9613-AN/937, p 28, 1999).
Legislative Instruments Act
Under subsections 98 (5A) and (5B) of the Act, the MOS is a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), the MOS is a legislative instrument for section 5 of the LIA.
Consultation
Consultation under section 17 of the Legislative Instruments Act 2003 has taken place in the usual way under the Notice of Proposed Rule Making process as described. Submissions received within the time limit for comment were taken into account.
The Office of Regulation Review (ORR) was consulted on the nature and likely impact of the proposed regulations on industry and whether the proposals would require a Regulation Impact Statement (RIS). The ORR advised that no RIS was required because the proposal was implementing international ICAO requirements, and does not impose any new technical requirements.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Manual of Standards Subpart 91U Instrument 2005]
Overview
The Civil Aviation Safety Regulations 1998, specifically the Manual of Standards Subpart 91U Instrument 2005, was enacted to address the need for clear, consolidated regulatory frameworks governing navigation authorisations within Australia's aviation sector. This instrument was developed under section 98 of the Civil Aviation Act 1988, with the policy objective of enhancing operational safety and providing a transparent process for Required Navigation Performance (RNP) approvals. The instrument was created by the Civil Aviation Safety Authority (CASA) and is subject to disallowance under the Legislative Instruments Act 2003. The formulation of the Manual of Standards was preceded by public consultation, wherein feedback from stakeholders was incorporated to refine the proposed regulatory standards. The instrument aims to implement international ICAO standards without introducing new technical requirements, thereby ensuring that Australian aviation operators can benefit from improved safety and efficiency through reduced separation minima.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Manual of Standards Subpart 91U Instrument 2005 (MOS) apply to aviation operators, pilots, air traffic services providers, and other entities involved in the operation of aircraft within Australian airspace, particularly those seeking navigation authorisations under Subpart 91.U. This includes both domestic and international operators conducting operations in Australia. The MOS, issued under section 91.5010 of the CASR 1998, sets out technical, operational, and training standards for the issue of Required Navigation Performance (RNP) 4 and RNP 10 navigation authorisations by the Civil Aviation Safety Authority (CASA). The regulation is designed to ensure compliance with safety standards and to provide a transparent approval process for RNP operations, enhancing operational safety and efficiency in Australian airspace. The instrument is subject to disallowance under section 98(5A) of the Civil Aviation Act 1988 and is a legislative instrument under the Legislative Instruments Act 2003. The MOS is effective from the day after its registration on the Federal Register of Legislative Instruments, having been made by the Director of Aviation Safety on behalf of CASA in accordance with the relevant provisions of the Act.
Key Provisions
The Manual of Standards Subpart 91U Instrument 2005 (MOS) lays down comprehensive technical, operational, and training standards for the issuance of RNP 4 and RNP 10 navigation authorisations by the Civil Aviation Safety Authority (CASA). Section 91.5010 of the Civil Aviation Safety Regulations 1998 (CASR 1998) empowers CASA to issue such a manual, which serves to provide clear guidance on the necessary standards for safe navigation within Australian airspace. This MOS is instrumental in ensuring that navigation authorisations are granted in accordance with stringent safety and operational criteria.
The obligations imposed by the MOS on entities and individuals seeking RNP authorisations are multifaceted. They include meeting specific technical requirements, ensuring adequate training and competency for personnel, and adhering to operational standards that guarantee safe and efficient air navigation. For instance, entities must demonstrate compliance with RNP specifications, which detail the precision of navigation performance necessary for safe operation within defined airspace. Moreover, ongoing monitoring and reporting mechanisms are established to ensure sustained compliance with these standards.
In terms of legal consequences, any failure to comply with the provisions of the MOS can lead to significant penalties and other repercussions. Under section 98(5A) and (5B) of the Civil Aviation Act 1988, the MOS is classified as a disallowable instrument. This means that it can be annulled by a resolution of either House of Parliament. Furthermore, section 6(d)(i) of the Legislative Instruments Act 2003 designates the MOS as a legislative instrument, subject to the scrutiny and disallowance processes outlined in that Act. The maximum penalties for non-compliance can include fines and other sanctions as prescribed by relevant aviation laws, which are intended to enforce adherence to safety and operational standards.
Consultation under section 17 of the Legislative Instruments Act 2003 was integral to the formulation of the MOS. Public and industry stakeholders were given an opportunity to provide feedback on the proposed regulations, which were detailed in the Notice of Proposed Rule Making NPRM 0404/AS. Submissions received by the specified deadline were thoroughly considered in the finalisation of the MOS. Additionally, the Office of Regulation Review was consulted to assess the potential impact of the regulations. Their advice that no Regulation Impact Statement was necessary, as the proposal aligned with international ICAO requirements and did not introduce new technical obligations, was taken into account. The instrument officially comes into effect the day after its registration on the Federal Register of Legislative Instruments, having been made by the Director of Aviation Safety on behalf of CASA in accordance with section 84A(2) of the Act.