CASA 109/10 – Instructions – RNP-AR approaches and departures

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Legislation au F2010L00674 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Instructions — 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 (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 exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer. 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 trial by Jetstar Airways Pty Limited (Jetstar) of certain area navigation (required navigation performance authorisation required) instrument approach and departure procedures (RNP-AR IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.

Use of 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 RNP-AR

Under subregulation 173.055 (1) of the Civil Aviation Safety Regulations 1998, Naverus (a United States-based RNP-AR procedure specialist) is a certified designer of instrument approach and departure procedures using a specialised form of RNP-AR. RNP-AR procedures of the type to be used in the trial have been developed and are in use in Australia, the United States and Canada.

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.

 

The instrument enables the trial to take place in controlled circumstances by issuing instructions on how Jetstar Airbus 320-232 aircraft are to be navigated in I.F.R. flight when using RNP-AR.

Instructions

The instrument applies to all RNP-AR approaches and departures under the I.F.R. It instructs the pilot in command of an aircraft to use only an authorised RNP-AR IAP or IDP if making an RNP-AR approach or departure. It further instructs that a pilot in command may only use an authorised 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 Jetstar 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 Jetstar proposal. Approaches may not be conducted below certain defined heights unless the required visual reference has been achieved. Approaches and departures must use defined RNP type as specified by the manufacturer. CASA must be permitted to attend and observe certain flights and training. Jetstar must make certain operational reports available to CASA and immediately report any safety-related incidents.

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. 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 RNP-AR trial to continue to take advantage of these RNP-AR related obstacle clearance provisions, the instrument also contains:

(a) an approval of Airbus 320-232 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.

Exemption

Because what is proposed is a specialised trial only, and because of exemptions and conditions for the Naverus procedure design certificate, Naverus does not publish its IAP and IDP. To ensure that the trial is conducted in accordance with the requirements of the LSALT exemption provided by paragraph 178 (4) (c) of CAR 1988, it is necessary, by means of an exemption, to exclude publication from the definition of IAP and IDP for paragraph 178 (4) (c).

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is being remade to expand the trial to include operations into Queenstown. 

 

The instrument commences on the day after it is registered and stops having effect at the end of 31 March 2012.

 

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 109/10]

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations governing all aspects of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. A specific legislative instrument, F2010L00674, was introduced under the authority of the Civil Aviation Act 1988 to facilitate a controlled trial of Required Navigation Performance-Authorised Required (RNP-AR) approach and departure procedures. This trial was aimed at enhancing safety by enabling more precise navigation and obstacle avoidance in instrument meteorological conditions, thereby reducing the risk of controlled flight into terrain (CFIT), especially in complex non-precision approaches. The instrument was issued by the Civil Aviation Safety Authority (CASA), the body responsible for regulating civil aviation safety in Australia, and it was designed to ensure the trial was conducted under strict safety parameters and conditions, including the use of specially trained pilots and aircraft capable of the required RNP operations. The instrument also included provisions to allow for RNP-AR related obstacle clearance and specified the containment values appropriate for the RNP type selected in the operations.

Scope and Application

The instrument pertains to the controlled trial of Jetstar Airways' use of certain RNP-AR instrument approach and departure procedures designed by Naverus Inc, operating within the Civil Aviation Regulations 1988 (CAR 1988). It applies to the pilots in command of Jetstar's Airbus 320-232 aircraft when conducting RNP-AR approaches and departures under Instrument Flight Rules (IFR). The instrument sets specific conditions for the trial, including the requirement for pilots to be specially trained and for operations to adhere strictly to the Jetstar proposal. It also mandates that these RNP-AR procedures can only be used in accordance with the trial, and it specifies the conditions under which these procedures can be applied, such as the necessity for defined visual references and RNP types. The instrument exempts these procedures from certain requirements under the CAR 1988, ensuring they can be used during the trial without breaching the lowest safe altitude regulations. Geographically, the instrument is applicable within Australia, as it is issued under the authority of the Civil Aviation Act 1988 and regulated by the Civil Aviation Safety Authority (CASA). The instrument is also subject to the provisions of the Legislative Instruments Act 2003, making it a disallowable instrument that must be tabled and can be disallowed by the Parliament. It is noteworthy that while consultation under the Legislative Instruments Act was not undertaken, the instrument is subject to the legislative scrutiny provided by the disallowance process. The instrument will remain in effect until the end of 31 March 2012, providing a defined timeframe for the trial.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to this instrument include subregulation 178(1), which requires pilots to not fly below the lowest safe altitude (LSALT) for a route segment, and subregulation 178(2), which specifies the method to calculate the LSALT if it is not published. Additionally, subregulation 178(4)(c) provides an exemption from these requirements for flights using a published authorised instrument approach procedure (IAP) or instrument departure procedure (IDP) designed by a certified designer. Subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, including navigation methods. This instrument specifically addresses RNP-AR approaches and departures, instructing pilots to use only authorised procedures during the trial by Jetstar Airways. The obligations and requirements imposed by this Act include the use of authorised RNP-AR IAP and IDP by Jetstar's pilots for the trial, ensuring that only approved and specially trained pilots conduct the operations in specified aircraft. Jetstar must comply with the Jetstar proposal and report any safety-related incidents to CASA. CASA retains the right to observe certain flights and training and requires Jetstar to provide operational reports. The conditions also include restrictions on flight heights unless visual references are achieved and the requirement to use specific RNP types as defined by the manufacturer. Any breaches of these provisions can result in significant consequences. While the Civil Aviation Regulations 1988 do not explicitly state penalties for non-compliance with the instructions in this instrument, general provisions in the Act could lead to fines or imprisonment for violations related to air navigation safety. CASA can also take action against pilots or Jetstar for non-compliance, including suspension or revocation of licenses or approvals. The Legislative Instruments Act 2003 further mandates that these instructions are subject to tabling and disallowance in Parliament, adding another layer of accountability and oversight. This instrument, declared as a disallowable instrument under the Legislative Instruments Act 2003, also follows the requirements of the Civil Aviation Act 1988 and Civil Aviation Regulations 1988. It was made by the Director of Aviation Safety on behalf of CASA, in accordance with the Act. The instrument commences on the day after it is registered and will cease to have effect at the end of March 31, 2012.

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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.