CASA 104/12 - Instructions - RNAV (RNP-AR) approaches and departures

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Legislation au F2012L00711 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Instructions — RNAV (RNP-AR) approaches and departures

 

Legislation

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

Under subregulation 178 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. Under subregulation 178 (2), if there is no LSALT, the pilot must not fly lower than the LSALT calculated by a method determined by CASA.

However, paragraph 178 (4) (c) of CAR 1988 provides an exception to these requirements if the flight is during an authorised instrument approach procedure (authorised IAP) or an authorised instrument departure procedure (authorised IDP). Definitions of those 2 terms are contained in subregulation 178 (7). Under subregulation 179A (1), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when in such flight.

The purpose of the instrument is to enable a controlled, Australia-wide, trial by Jetconnect Limited of Auckland, New Zealand (Jetconnect) of certain Area Navigation (Required Navigation Performance‑Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) designed by Naverus Inc (Naverus), a United States-based RNP-AR procedure specialist. These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.

Use of RNAV (RNP-AR) can enable accurate navigation and obstacle avoidance in instrument meteorological conditions (I.M.C.) under I.F.R. This can significantly reduce the likelihood of accidents involving controlled flight into terrain (CFIT). CFIT can be more likely in complex, non‑precision approaches (NPA) which lack vertical guidance and which impose a high mental work load on the flight crew.

 

Trial of RNAV (RNP-AR)

Under subregulation 173.055 (1) of the Civil Aviation Safety Regulations 1998, Naverus is a certified designer of instrument approach and departure procedures using a specialised form of RNAV (RNP-AR).

RNAV (RNP-AR) procedures of the type to be used in the trial have been developed and are in use in the United States and Canada. However, there are, as yet, no internationally agreed design standards for such procedures.

The design standards to be used in the trial have been subject to the scrutiny of the Federal Aviation Administration of the United States of America and Transport Canada. CASA conducted its own assessment of the procedure design standards used by Naverus before granting it a certificate as a certified designer. CASA is, therefore, satisfied that the proposed IAP and IDP meet, or exceed, acceptable standards of safety for instrument approach and departure operations.

This instrument enables a trial to take place in controlled circumstances by issuing instructions on how Jetconnect Boeing 737‑800 aircraft are to be navigated in I.F.R. flight when using RNAV (RNP-AR).

Instructions

The instrument applies to all RNAV (RNP-AR) approaches and departures in I.M.C. under the I.F.R. in Australia. It instructs the pilot in command of an aircraft to use only an authorised RNAV (RNP‑AR) IAP or IDP if making an RNAV (RNP-AR) approach or departure. It further instructs that a pilot in command may only use an authorised RNAV (RNP-AR) IAP or IDP for, and in accordance with, the trial. This mechanism is designed for safety purposes to ensure that the Naverus procedures may only be used in the controlled trial by an approved operator. The trial is defined as that described in the Jetconnect proposal, accepted by CASA and conducted in accordance with certain conditions.

Conditions

The conditions of the trial include the requirement that only approved and specially trained pilots may be used in specifically capable aircraft. Operations must be in accordance with the Jetconnect proposal. Approaches may not be conducted below certain defined heights. Departures must use a defined RNP type in accordance with the aircraft flight manual. CASA must be permitted to attend and observe certain flights and training. Jetconnect must immediately report any safety-related incidents to CASA.

Approval

Subregulation 5 (1) of CAR 1988 provides that where CASA is authorised to issue directions, it may do so in the form of Civil Aviation Orders (CAOs). Subregulation 235 (2) of CAR 1988 authorises CASA to issue directions setting out the manner of determining a maximum weight for an aircraft that its gross weight must not exceed at take-off or landing. For aircraft of a maximum take-off weight exceeding 5 700 kg, CASA has issued such directions in the form of Civil Aviation Order 20.7.1B (CAO 20.7.1B).

Subsections 12 and 12A of CAO 20.7.1B provide for methods of meeting take-off obstacle clearance requirements in relation to take-off weight limitations by reference to the definition of the take-off area. Under subparagraph 12.1.1 (b) and paragraph 12A.5, the limitation of the take-off area is redefined for approved RNP operations, in RNP-capable aeroplanes that are approved for area navigation (RNAV) using specified RNP containment values.

Therefore, to enable departures during the RNAV (RNP-AR) trial to take advantage of these RNP-AR related obstacle clearance provisions, the instrument also contains:

(a) an approval of Boeing 737‑800 aeroplanes for area navigation (RNAV); and

(b) an approval of the trial as an approved RNP operation; and

(c) specification of the RNP containment appropriate for the RNP type selected in the operations.

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares that an instruction not in the form of a CAO is a disallowable instrument. 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 in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

Consultation

Jetconnect has requested this instrument. No further consultation under section 17 of the LIA has been undertaken in this case. The instrument is similar to instruments for other operators conducting similar trials.

Human Rights Compatibility

This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

Commencement and making

The instrument commences on the day after it is registered and stops having effect at the end of February 2015.

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

[Instrument number CASA 104/12]

Overview

The Civil Aviation Regulations 1988, as amended by the Civil Aviation Safety Regulations 1998, address the need for enhanced safety and navigation standards in instrument flight operations within Australia. This legislation was enacted to ensure the safety of air navigation and is administered by the Civil Aviation Safety Authority (CASA). The primary policy objective is to facilitate a controlled, Australia-wide trial of advanced RNAV (Required Navigation Performance-Authorisation Required) approach and departure procedures designed to enhance safety, particularly in reducing the risk of controlled flight into terrain (CFIT) during instrument meteorological conditions (IMC). The instrument, issued under section 98 of the Civil Aviation Act 1988, allows for the trial of RNAV (RNP-AR) procedures by Jetconnect Limited using Boeing 737-800 aircraft, subject to specific conditions and CASA oversight to ensure safety and compliance with international standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 Instructions pertaining to RNAV (RNP-AR) approaches and departures apply to all RNAV (RNP-AR) approaches and departures conducted under instrument flight rules (IFR) in instrument meteorological conditions (IMC) across Australia. The regulations specifically direct pilots in command to utilise only authorised RNAV (RNP-AR) instrument approach procedures (IAP) or instrument departure procedures (IDP) when executing such approaches or departures. This requirement is integral to the trial conducted by Jetconnect Limited, a New Zealand-based operator, using RNAV (RNP-AR) procedures designed by Naverus Inc, a United States-based procedure specialist. These procedures are intended to enhance navigation precision and obstacle avoidance, thereby reducing the risk of controlled flight into terrain (CFIT). The trial conditions mandate the use of specially trained pilots, specific aircraft, adherence to the Jetconnect proposal, and compliance with certain operational limitations, including height restrictions and defined RNP types. The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for this instrument, which includes specific instructions for the RNAV (RNP-AR) trial. These instructions are subject to the Legislative Instruments Act 2003, which mandates their tabling and potential disallowance by the Parliament. The instrument also aligns with the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety, including the issuance of instructions by the Civil Aviation Safety Authority (CASA). CASA has conducted assessments and granted necessary approvals to ensure the safety standards of the RNAV (RNP-AR) procedures used in the trial. The instrument is set to commence on the day after its registration and will remain in effect until the end of February 2015.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Safety Regulations 1998 (CASR 1998) provide the regulatory framework for ensuring the safety of air navigation in Australia, as mandated by section 98 of the Civil Aviation Act 1988 (the Act). Subregulation 178(1) of CAR 1988 mandates that pilots must not fly below the lowest safe altitude (LSALT) for a route segment unless flying under an authorised instrument approach procedure (IAP) or instrument departure procedure (IDP) as per subregulation 178(4)(c). If no LSALT is published, pilots must adhere to the LSALT calculated by a method approved by the Civil Aviation Safety Authority (CASA). Under subregulation 179A(1), CASA can issue instructions regarding Instrument Flight Rules (IFR) flights, specifying navigation methods. The obligations imposed by the Act on the parties involved, particularly Jetconnect and Naverus, include conducting a controlled trial of RNAV (RNP-AR) approaches and departures. This trial must adhere to specific conditions, such as using only approved and specially trained pilots, operating within defined heights and RNP types, and permitting CASA to observe certain flights and training. Jetconnect must also report any safety-related incidents to CASA. The instrument also includes approvals for Boeing 737-800 aeroplanes for area navigation (RNAV) and specifies the RNP containment values appropriate for the selected RNP type. CASA has issued Civil Aviation Orders (CAO) to facilitate these operations, ensuring compliance with safety standards. Any breach of the provisions set forth in this instrument could result in significant penalties. Under the Legislative Instruments Act 2003, the instrument is a disallowable instrument and, therefore, subject to tabling and disallowance in the Parliament. Failure to comply with the operational conditions specified in the instrument, such as not using approved pilots or not reporting incidents, could lead to enforcement actions by CASA, potentially including suspension or revocation of the trial approval. Furthermore, any incident resulting from non-compliance could have severe consequences for aviation safety, including potential legal action under the Civil Aviation Act 1988. The instrument, which aims to allow Jetconnect to trial RNAV (RNP-AR) approaches and departures, does not engage any of the applicable rights or freedoms under human rights legislation. It is compatible with human rights as it does not raise any human rights issues. The instrument is effective from the day after its registration until the end of February 2015, and it has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 73(2) of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.