Explanatory Statement. Civil Aviation Regulations Instructions use of Global Navigation Satellite System (GNSS)

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1 Explanatory Statement Civil Aviation Regulations 1988 Instructions use of Global Navigation Satellite System (GNSS) Purpose This instrument contains instructions for the use of GNSS in certain flight navigation under the Instrument Flight Rules (the I.F.R.). The instrument takes account of the making of Civil Aviation Order (Instructions and directions for performance-based navigation) Instrument 2014 (CAO 20.91). CAO 20.91, which commenced on 15 December 2014, prescribes the authorisation process for Area Navigation (RNAV) and Required Navigation Performance (RNP) navigation specifications for Australian aircraft. The instrument is intended to replace instrument CASA 80/14. The instrument has been revised to confirm additional definitions relating to the provision of aeronautical navigation databases prescribed within CAO and Part 175 of the Civil Aviation Safety Regulations 1998 (CASR 1998). Aside from these changes, the instrument is identical to instrument 80/14. 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 flights under the I.F.R., specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained. 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 of 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 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. 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.

2 The instructions are technical and various, and further details and explanations are set out in Attachment 1. Legislation Act 2003 (the LA) 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 (the AIA). 2 Under subparagraph 57A (b) (i) of the LA, an instrument is a legislative instrument for subsection 8 (5) of the LA if it is declared to be a disallowable instrument for the purposes of section 46A of the AIA under legislation in force before the commencement of the LA. Accordingly, this instruction is a legislative instrument, and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LA. Consultation There has been no consultation associated with the making of this instrument and the repeal of existing instrument 80/14. The instrument is a reissue of CASA 80/14, and will enable the continued issue of the kinds of authorisation referred to in that instrument. The minor changes in definition in this instrument relating to the provision of aeronautical navigation databases reflect the broader changes made to CAO and Part 175 of CASR 1998 in respect of aeronautical information matters. These changes to CAO and Part 175 of CASR 1998 were the subject of public consultation processes during 2014 via a CASA Notice of Proposed Rule Making and Consultation Draft. Accordingly, it is CASA s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA. Office of Best Practice Regulation (OBPR) The instrument contains instructions, essentially similar to those of a number of preceding instruments, but 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 (1) of CASR The instrument commences on the day after registration and expires on 30 January 2020, as if it had been repealed by another instrument. The expiry date of the instrument reflects the transitional arrangements arising from the redesignation of the NAT MNPS as the North Atlantic High Level Airspace (NAT HLA), with current NAT MNPS approvals set to expire as of 30 January Service of instructions upon a person or 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.

3 3 Attachment 1 1 Duration Under this section, the instrument commences on the day after registration and expires on 30 January 2020, as if it had been repealed by another instrument. 2 Repeal Under this section, the instrument repeals instrument CASA 80/14. 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 or Part 91U of CASR CAO 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;

4 4 (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 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 crosschecked 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 (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

5 5 (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 Federal Aviation Administration of the United States (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.

6 6 (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 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 An operator 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.) [Instrument number CASA 27/16]

7 7 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 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

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