CASA 130/12 - Instructions - RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B747-400 aircraft

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Legislation au F2012L01133 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B747-400 aircraft

 

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 179A (1) of the Civil Aviation Regulations 1988 (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 and how a positive position fix is to be obtained.

 

Instrument CASA 494/10 approved B747-400 aircraft equipped with computerised flight management systems (FMS) operated by Qantas Airways Limited (the operator), to conduct new required navigation performance approach (RNP APCH) procedures on the basis of their RNP capability.

 

The instrument has to be replaced because of a revision of the maximum permitted lateral cross track error from 0.20 nautical mile to 0.30 nautical mile.

 

Conditions and procedures

The instrument sets out the conditions to be satisfied by the operator and the specified aircraft, and the procedures to be followed, during an RNP APCH LNAV or RNP APCH LNAV/VNAV.

 

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares instructions to be 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 an update of a similar instrument issued to the operator. If in accordance with the ICAO standard, a similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and are expressly endorsed as such by their manufacturer.

 

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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.

 

Making and commencement

The instrument commences on the day after registration and stops having effect at the end of April 2014.

 

The instrument has been made by a delegate of CASA under 11.260 of the Civil Aviation Safety Regulations 1998.

 

[Instrument number CASA 130/12]

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive rules for the safety of air navigation, with the Civil Aviation Act 1988 serving as the foundational legislation. The Act empowers the Governor-General to make regulations concerning air navigation safety, and under section 98, the Civil Aviation Safety Authority (CASA) is authorised to issue specific instructions regarding Instrument Flight Rules (IFR) flights. This regulatory framework was designed to address the need for precise and consistent safety standards in air navigation. In 2012, CASA issued Instrument CASA 130/12, which updated the previously approved navigation procedures for Qantas B747-400 aircraft equipped with advanced flight management systems (FMS). The updated instrument revised the maximum permitted lateral cross-track error during required navigation performance approach (RNP APCH) procedures from 0.20 to 0.30 nautical miles, aligning with the latest International Civil Aviation Organization (ICAO) standards. This update was necessary to ensure continued compliance with safety standards and was subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Although consultation under the LIA was not undertaken for this specific instrument, it was noted that similar instruments would be issued to any operator whose aircraft meet the specified navigation performance standards. The instrument was deemed compatible with human rights and freedoms as it did not engage any applicable rights or freedoms, and it came into effect following registration, ceasing to have effect at the end of April 2014.

Scope and Application

The Civil Aviation Regulations 1988, as amended and referenced in the instrument CASA 494/10, apply to Qantas Airways Limited and specifically to its B747-400 aircraft equipped with computerised flight management systems (FMS) that have been approved by CASA. The regulations govern the conduct of Instrument Flight Rules (IFR) flights, detailing the navigation methods and position-fix procedures to be used during RNP APCH LNAV or RNP APCH LNAV/VNAV operations. These regulations extend to the entire Commonwealth of Australia, as per the Civil Aviation Act 1988, which empowers the Governor-General to create safety-related regulations under Section 98. The instrument, which modifies the maximum permitted lateral cross-track error from 0.20 to 0.30 nautical miles, is a legislative instrument subject to the scrutiny and disallowance provisions outlined in the Legislative Instruments Act 2003. It is not subject to consultation as per Section 17 of the LIA because it updates a previously issued instrument, and any operator with similarly equipped aircraft meeting the specified performance standards could receive a comparable instrument. The instrument ensures compatibility with human rights and freedoms as stipulated by the Human Rights (Parliamentary Scrutiny) Act 2011. This instrument, made by a delegate of CASA under the Civil Aviation Safety Regulations 1998, will be effective from the day after its registration and will cease to have effect by the end of April 2014.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) outline specific procedures and conditions for conducting Required Navigation Performance Approach (RNP APCH) operations using Lateral Navigation (LNAV) and Lateral Navigation with Vertical Navigation (LNAV/VNAV) on Qantas B747-400 aircraft equipped with computerized Flight Management Systems (FMS). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations pertaining to air navigation safety, and subregulation 179A(1) of CAR 1988 further empowers the Civil Aviation Safety Authority (CASA) to issue instructions governing Instrument Flight Rules (IFR) flights, including navigation methods and position fixes. The instrument CASA 494/10, which has been updated to reflect a revised maximum permitted lateral cross-track error from 0.20 to 0.30 nautical miles, specifies the conditions and procedures Qantas must adhere to when operating these aircraft. The obligations imposed by the instrument include ensuring that the B747-400 aircraft are properly equipped with certified FMS and are endorsed by their manufacturer for the specified RNP APCH procedures. Qantas must also ensure that their pilots are adequately trained and familiar with the updated procedures. The instrument mandates specific operational procedures for RNP APCH LNAV and RNP APCH LNAV/VNAV, including how to obtain a positive position fix and manage lateral and vertical navigation during the approach phase. These obligations are designed to ensure the safety and reliability of the navigation procedures used during critical phases of flight. Failure to comply with the conditions and procedures outlined in the instrument can result in significant consequences. While specific offences and penalties are not detailed in the explanatory statement, CASA can take regulatory action against non-compliance, which may include imposing fines, issuing safety directives, or even grounding the affected aircraft. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. Although consultation under the Legislative Instruments Act was not undertaken in this instance, as it represents an update to a previously issued instrument, similar instruments would be issued to any operator meeting the required navigation performance standards. The instrument is compatible with human rights and freedoms as it does not raise any human rights issues. The instrument comes into effect on the day after registration and ceases to have effect by the end of April 2014.

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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.