CASA 12/12 - Instructions and exemption - B737-800 RNAV (RNP-AR) approaches and departures

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L00081 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Instructions and exemption — B 737-800 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 (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) of CAR 1988, 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 Qantas Airways Limited (Qantas) 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). These are sophisticated, computed assisted area navigation operations with particular performance requirements for which CASA authorisation is required.

Use of RNAV (RNP-AR) can enable accurate navigation and obstacle avoidance in instrument meteorological conditions (I.M.C.) under the 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 (CASR 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 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 Qantas 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. However, in the interests of safety, CASA wishes to conduct a trial of the procedures with an operator willing to observe additional safety conditions for the purposes of the trial.

Qantas is the participant in this trial. The instrument enables the trial to take place in controlled circumstances by issuing instructions on how an aircraft is 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 Qantas 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 Qantas 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 Qantas proposal. Approaches may not be conducted below certain defined heights. Departures must use defined RNP type in accordance with the aircraft flight manual. CASA must be permitted to attend and observe certain flights and training. Qantas 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 RNAV (RNP-AR) trial to continue 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.

Exemption

Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to, among other things, matters affecting the safe navigation and operation, or the maintenance, of aircraft.

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including CAR 1988, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

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 definitions of authorised 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.

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and is also a legislative instrument.

The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

Compatibility with human rights and freedoms

This 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.

Human rights implications

The instrument sets out technical requirements as described above. The instrument does not engage any of the applicable rights or freedoms.

Conclusion

The instrument is compatible with human rights and freedoms.

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument simply renews instrument CASA 210/10 which stops having effect at the end of January 2012.

The instrument commences on 1 February 2012 and stops having effect at the end of 31 January 2014.

The instrument has been made by a delegate of CASA under regulation 11.260 of CASR 1998.

[Instrument number CASA 12/12]

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide a regulatory framework for civil aviation safety in Australia, ensuring compliance with international standards and addressing gaps in existing legislation. The Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 outline the requirements for safe air navigation and operations, including the procedures for instrument approaches and departures. The problem these regulations address is the need for a controlled trial of advanced navigation procedures that can enhance safety, particularly in instrument meteorological conditions, to reduce the risk of controlled flight into terrain. The instrument introduced by the Civil Aviation (Qantas Boeing 737-800 RNAV (RNP-AR) Approaches and Departures) Civil Aviation Order 2012, made by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, aims to enable a trial of sophisticated RNAV (Required Navigation Performance – Authorisation Required) approaches and departures by Qantas, using procedures designed by Naverus Inc. The policy objective is to assess the safety and efficacy of these advanced navigation procedures in the Australian context, while imposing strict conditions to ensure safety during the trial. The instrument is subject to parliamentary scrutiny and disallowance, and it is compatible with human rights and freedoms as it does not infringe on any applicable rights or freedoms.

Scope and Application

The instrument pertains to the trial of Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) by Qantas Airways Limited in Australia. This trial is conducted under the authority of the Civil Aviation Act 1988, and it applies to all RNAV (RNP-AR) approaches and departures in instrument meteorological conditions (I.M.C.) under Instrument Flight Rules (I.F.R.) across Australia. It specifically mandates that only pilots trained and approved by Qantas may operate these procedures in aircraft that are approved and equipped for such operations. The trial is subject to strict conditions, including limitations on the minimum heights at which approaches can be conducted, the types of RNP that must be used for departures, and the requirement for CASA to observe certain flights and training sessions. Additionally, Qantas must report operational data and immediately notify CASA of any safety-related incidents. The instrument also exempts the publication of the Naverus IAP and IDP from the general requirement to publish such procedures, ensuring the controlled nature of the trial. This exemption is a legislative instrument and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument is compatible with human rights and freedoms as it does not engage any applicable rights or freedoms, and it merely renews a previous instrument, CASA 210/10, which expired at the end of January 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) outline several key provisions relevant to the operation of aircraft. Section 178(1) mandates that pilots must not fly below the lowest safe altitude (LSALT) for a given route segment unless they are following a published authorised instrument approach procedure (IAP) or instrument departure procedure (IDP) as per subregulation 178(4)(c). If there is no published LSALT, pilots must adhere to the LSALT calculated by a method determined by the Civil Aviation Safety Authority (CASA). However, under subregulation 178(2), pilots must not fly below the LSALT unless they are following an authorised IAP or IDP. Furthermore, subregulation 179A(1) allows CASA to issue specific navigation instructions for instrument flight rules (IFR) flights. The obligations imposed by the Civil Aviation Safety Regulations 1998 (CASR 1998) include the requirement for CASA to ensure the safety of any new procedures introduced, such as RNAV (RNP-AR) approaches and departures. CASA must also ensure that certified designers like Naverus meet or exceed acceptable safety standards. The regulations require that only specially trained pilots and approved aircraft be used in the trial, and that CASA is allowed to observe certain flights and training sessions. Qantas must also report any safety-related incidents to CASA immediately. Breaching the provisions of these regulations can result in significant consequences. Offences under CAR 1988 and CASR 1998 can lead to civil penalties for non-compliance, with the specific penalties depending on the severity and nature of the breach. In extreme cases, criminal charges can be brought against pilots or operators, potentially leading to imprisonment. The precise penalties are not detailed in the provided text but are generally commensurate with the gravity of the safety risk posed by the breach. The instrument also includes provisions for exemptions and approvals necessary for the trial. For instance, subregulation 11.160(1) of CASR 1998 allows CASA to grant exemptions from certain regulations if necessary for the safety of air navigation, while subregulation 11.205(1) allows conditions to be imposed on such exemptions. These exemptions are subject to publication requirements under subregulation 11.230(1) of CASR 1998 and generally cease after three years unless otherwise specified. The instrument, being a legislative instrument, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA).

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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.