Federal Register of Legislation - Australian Government

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CASA 80/14 Instructions as made
This instrument contains instructions for the use of GNSS in certain flight navigation under the Instrument Flight Rules (the I.F.R.). The instructions are required for I.F.R. operations in oceanic, remote continental area, and domestic en route phases of flight, Visual Flight Rules operations and certain North Atlantic Minimum Navigation Performance Specification region operations.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 22 Apr 2014
Tabling HistoryDate
Tabled HR13-May-2014
Tabled Senate14-May-2014
Date ceased to have effect 31 Mar 2016
Ceased by Self Ceasing

Explanatory Statement

 

Civil Aviation Regulations 1988

 

Instructions — use of Global Navigation Satellite System (GNSS)

 

Purpose

This instrument contains instructions for the use of the Global Navigation Satellite system (GNSS) in certain flight navigation under the Instrument Flight Rules (I.F.R.). It is intended to take the place of instrument CASA 356/12. The instrument is identical to that instrument. It takes account of the making of Civil Aviation Order 20.91 (CAO 20.91). CAO 20.91, which took effect on 18 July 2012, created a new authorisation process for Area Navigation (RNAV) and Required Navigation Performance (RNP) navigation specifications for Australian aircraft. The instrument also reflects the nomenclature GNSS, which has replaced GPS as the generic description of space-based navigation aids.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.

 

Under subregulation 174A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying communications and navigation equipment that must be carried on, or installed in, an aircraft before it undertakes a flight under the Visual Flight Rules (V.F.R.). Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to I.F.R., specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instructions

The instructions are directed to pilots in command of equipped aircraft using the GNSS, and set out the procedures to be followed when GNSS is used under different flight conditions.

 

GNSS may be used as a navigation system in certain areas, flights, instrument approaches and departures and in V.F.R. operations. Instructions are given for using GNSS for these purposes. Table 1 in the instructions sets out the various GNSS equipment standards and requirements for different phases of flight.

 

There is a residue of operations using the GNSS for I.F.R. flight that are not conducted under CAO 20.91 navigation authorisations and for which safety instructions are still required. These operations involve oceanic, remote continental area, and domestic en route flight, and the instructions in the instrument apply to these phases of flight. V.F.R. operations are also covered. The instructions also apply to certain operations in the North Atlantic Minimum Navigation Performance Specification (NAT MNPS) region. Equipment standards for these operations have been updated.

 

The instructions for NAT MNPS operations have given rise to the need for additional instructions for SATCOM Voice (SCV) requirements in this airspace when SCV is used in substitution for high frequency (HF) communications systems.

 

The instructions are technical and various, and further details and explanations are set out in Attachment 1.

 

Legislative Instruments Act

Under subregulations 174A (1C) and 179A (3A) of CAR 1988, a V.F.R. or I.F.R. flight instruction that is not in the form of a Civil Aviation Order (CAO) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Being so declared, the instruction instrument is, therefore, a legislative instrument and it is subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not taken place. This instrument is a reissue of CASA 356/12 and will enable the continued issue of the kinds of authorisation referred to in that instrument.

 

Office of Best Practice Regulation (OBPR)

The instrument contains instructions, essentially similar to those of a number of preceding instruments, but now only for the restricted range of operations to which it applies. A Regulation Impact Statement is not required for OBPR in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 2.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The exemption commences on the day after registration and expires at the end of March 2016, as if it had been repealed by another instrument.

 

Publication in the AIP

Under subsections 174A (1B) and 179A (3) of CAR 1988, if an instruction is not in the form of a CAO, it does not bind a person unless it is served on them or published in NOTAMS or the AIP. For this purpose, therefore, the details are published in the AIP.

 

[Instrument number CASA 80/14]

Attachment 1

1          Duration

                 Under this section, the instrument commences on the day after registration and expires at the end of March 2016.

2          Repeal

                 Under this section, the instrument repeals instrument CASA 356/12.

3          Instructions

                 Under this section, the instructions in Schedule 1 are issued.

Schedule 1          Instructions

Schedule 1 contains details of the navigation instructions as follows.

1          Definitions

              Under this clause various words and phrases used in the instrument are defined.

2          Application

     (1)     Subclause 2 (1) provides that the instructions are not applicable to operations conducted under CAO 20.91 or Part 91U of CASR 1998. CAO 20.91 provides for CASA to issue navigation authorisations for Australian aircraft for the following performance‑based navigation (PBN) specifications:

(a)   RNAV 5;

(b)   RNAV 1 and RNAV 2;

(c)   RNP 2;

(d)   RNP 1;

(e)   on a foreshadowing basis only at this stage — RNP 0.3 because RNP 0.3 is to be provided for by future amendments;

(f)    RNP APCH, including:

             (i)  LNAV;

`           (ii)  LNAV/VNAV (APV Baro-VNAV);

           (iii)  LP;

           (iv)  LPV;

(g)   RNP AR, including:

             (i)  RNP AR APCH (ICAO);

            (ii)  RNP AR APCH (Proprietary);

           (iii)  RNP AR DEP (ICAO);

           (iv)  RNP AR DEP (Proprietary);

            (v)  RNP AR EOSID (Proprietary);

(h)   APV Baro-VNAV.

Part 91U of CASR 1998 already dealt with the PBN navigation specifications RNAV 10 and RNP 4.

     (2)     Subclause 2 (2) sets out the levels of equipment specification to which the instructions apply, namely:

(a)   Technical Standard Order (TSO) C129/C129a;

(b)   TSO C129/C129a Oceanic;

(c)   TSO C145a/C146a or later version;

(d)   TSO C196a or later;

(e)   European Technical Standard Order (ETSO) C129a;

(f)    ETSO C145/C145c or later version;

(g)   ETSO C146/C146c or later version;

(h)   ETSO C196a or later version;

(i)    TSO C115 or ETSO C115 multi-sensor navigation systems where the primary input sensor is GNSS meeting any of the requirements of paragraphs (a) to (h).

Paragraph (i) is to enable the instructions to be applied to flight management systems (FMS) with GNSS inputs.

3          Use of GNSS

     (1)     This subclause provides that the pilot in command may use GNSS in accordance with these instructions as a navigation system for:

(a)   an oceanic, remote continental area, or domestic en route, phase of flight; or

(b)   operations in the NAT MNPS region in accordance with Edition 2011 of the NAT  Doc 007 (or later edition); or

(c)   V.F.R. operations.

     (2)     Under subclause 3 (2), for these operations the obligation is on the operator to ensure that the aircraft meets the equipment requirements set out in 1 or more of the levels of GNSS equipment specification in subclause 2 (2), and in Table 1 at the end of the instrument.

4          Procedures for using GNSS for oceanic, remote continental area, or domestic en route, phase of flight

     (1)     Subclause 4 (1) provides that the pilot in command may use GNSS as a navigation aid for descent below the relevant lowest safe altitude (LSALT) or minimum safe altitude (MSA) only in accordance with CAO 20.91, or clause 7 or 8 of this Schedule.

     (2)     Subclause 4 (2) provides that the pilot in command may use a navigation database that is not current provided that any data used for navigation is verified against other current aeronautical information, for example, maps and charts carried in the aircraft in accordance with paragraph 233 (1) (h) of CAR 1988. A further condition of use is that if the navigation system affected by the out-of-date navigation data has a radio updating capability, this capability must be deselected.

     (3)     Subclause 4 (3) provides that the pilot in command may use GNSS with data that has been manually entered in a database. However, there are conditions. The data entries must have been cross-checked for accuracy by at least 2 flight crew members. Alternatively, for a single pilot operation, the data entries must have been checked independently against other current aeronautical information, such as maps and charts carried in the aircraft in accordance with paragraph 233 (1) (h) of CAR 1988.

     (4)     Subclause 4 (4) provides that the pilot in command of an en route aircraft must ensure that GNSS-derived position and tracking information is checked:

(a)   at, or before, each compulsory reporting point designated under regulation 158 of CAR 1988; and

(b)   at, or before, each en route waypoint; and

(c)   at hourly intervals during area navigation; and

(d)   after the insertion of new data relating to the flight, such as a new flight plan or alteration of an existing flight plan.

     (5)     Subclause 4 (5) provides that the pilot in command may use GNSS as a navigation aid for an oceanic, or remote continental area, phase of flight if the GNSS equipment has fault detection and exclusion (FDE) capability in accordance with certain FAA, TSO or ETSO standards, and pre-flight en route prediction analysis ensures that GNSS availability will provide a useable service.

5          Use of GNSS in V.F.R. operations

     (1)     Subclause 5 (1) provides that GNSS may be used under the V.F.R. to supplement map reading and other visual navigation techniques. For area navigation operations at night, GNSS may be used under the V.F.R. for position fixing and long-range navigation; or operations on designated area navigation (RNAV or RNP) routes; or deriving distance information for en route navigation, traffic separation and ATC separation; or meeting the night V.F.R. requirements for certain radio navigation systems mentioned in the AIP.

     (2)     Subclause 5 (2) provides that if GNSS is used for night V.F.R. area navigation applications, the flight crew must be appropriately qualified.

6          Operating without RAIM on domestic en route phase of flight

              Clause 6 sets out detailed rules governing loss of Receiver Autonomous Integrity Monitoring (RAIM).

7          Use and supply of GNSS-derived distance information

     (1)     Clause 7 sets out instructions on the use and supply of GNSS-derived information by the pilot in command using GNSS.

     (2)     Under subclause 7 (2), if Air Traffic Service (ATS) asks for distance information without specifying the source of the information, the pilot in command may provide GNSS-derived distance information.

     (3)     Under subclause 7 (3), if ATS asks for a Distance Measuring Equipment (DME) distance, the pilot in command may provide GNSS-derived distance information instead if a DME distance is not available.

     (4)     Under subclause 7 (4), when supplying GNSS-derived distance information to ATS, the pilot in command must include the source and the point of reference.

     (5)     Under subclause 7 (5), the pilot in command must only supply GNSS-derived distance information by reference to waypoints and navigation aids shown in maps and charts carried in the aircraft in accordance with paragraph 233 (1) (h) of CAR 1988 and from a current approved database.

8          GNSS arrivals and DME arrivals

     (1)     Under subclause 8 (1), the pilot in command may use GNSS in a GNSS arrival, or a DME arrival but only if the coordinates of the destination VOR or NDB to which the procedure relates are obtained from a current approved database and RAIM or data integrity is available at the time of descending below the applicable LSALT or MSA.

     (2)     Under subclause 8 (2), during a GNSS arrival, or DME arrival, the pilot in command must use the destination VOR or NDB to provide the primary track guidance and, if there is a significant disparity between the track guidance provided by the destination VOR or NDB and the GNSS track indication, discontinue the arrival procedure.

     (3)     Under subclause 8 (3) if, at any time during the approach, there is doubt as to the validity of the GNSS information (e.g. RAIM warning) or if GNSS integrity is lost (e.g. RAIM not available), the pilot must conduct a missed approach.

     (4)     Under subclause 8 (4), for this clause a significant disparity is defined as:

(a)   for an NDB — a divergence of more than 6.9°; and

(b)   for a VOR — a divergence of more than 5.2°.

9          GNSS navigation equipment standards

     (1)     Under subclause 9 (1), depending on the date of fitment and nature of the system, a GNSS receiver must be installed in an Australian aircraft in accordance with specified standards in certain CAAPs, Advisory Circulars, or CASA-approved designs.

     (2)     Subclause 9 (2) provides that the automatic barometric aiding options as specified in standards TSO C129a, C145a, C146a or C196a or later versions, if provided in the GNSS unit, must be connected.

10        NAT MNPS operations

     (1)     Under subclause 10 (1), all operations in the NAT MNPS airspace must be approved by CASA for MNPS operations and RVSM operations.

     (2)     Under subclause 10 (2), approval to operate in NAT MNPS airspace is conditional on an operator demonstrating compliance with all relevant requirements in NAT  Doc 007, Edition 2011 or later version, and the ICAO Regional Supplementary Requirements Doc 7030.

              He or she must also demonstrate that the aircraft is equipped with compliant dual independent long-range navigation systems; that the navigation system performance monitoring and navigation database validity monitoring and updating have continuing airworthiness; and that flight crew training, pre-departure procedures, communications procedures, RAIM prediction requirements, en route navigation procedures and post-flight procedures are all adequate.

11        SATCOM Voice requirements for use in NAT MNPS airspace

              Clause 11 sets out detailed rules for the approval and use of SATCOM Voice in NAT MNPS airspace.

Table 1

Table 1 sets out the equipment and related requirements for the operations to which the instructions apply, that is visual navigation, night V.F.R. RNAV, Oceanic RNAV, and NAT MPNS. (Some of the material in the Table is expressed in the form of recommendations only.)

Attachment 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Instructions — use of Global Navigation Satellite System (GNSS)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument contains instructions for the use of GNSS in certain flight navigation under the Instrument Flight Rules (the I.F.R.). The instructions are required for I.F.R. operations in oceanic, remote continental area, and domestic en route phases of flight, Visual Flight Rules operations and certain North Atlantic Minimum Navigation Performance Specification region operations.

 

The instructions are technical and relate to procedures and equipment.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority