CASA 136/12 - Instructions - RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B737-800 aircraft

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted by the Parliament of Australia, were introduced to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation among other objectives. The CAR 1988 serves as a subsidiary legislation under the Civil Aviation Act 1988, allowing for detailed provisions on various aspects of civil aviation, including airworthiness, licensing, and operational procedures. The problem or gap this legislation was introduced to address included the need for a structured regulatory environment to manage the growing complexity and volume of air traffic in Australia, thereby enhancing safety and efficiency in air travel. The policy objective of the CAR 1988 is to ensure the highest standards of safety and efficiency in civil aviation, aligning with international standards and best practices.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988, apply to Qantas Airways Limited as the operator and its CASA 61/11 approved B737-800 aircraft equipped with computerised flight management systems. The regulations concern the safety of air navigation, specifically allowing these aircraft to conduct required navigation performance approach (RNP APCH) procedures based on their RNP capability. This regulatory framework governs the method by which these aircraft are to be navigated under Instrument Flight Rules (I.F.R.) and how a positive position fix is to be obtained. The instrument, which is subject to the Legislative Instruments Act 2003, has been updated to revise the maximum permitted lateral cross-track error from 0.20 nautical mile to 0.30 nautical mile. This update is a legislative instrument and is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the Legislative Instruments Act has not been undertaken, 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 at the end of April 2014.

Key Provisions

The Civil Aviation Regulations 1988, specifically Instrument CASA 61/11, outline the conditions and procedures for Qantas B737-800 aircraft to conduct Required Navigation Performance Approach (RNP APCH) procedures using LNAV and LNAV/VNAV methods. These procedures are contingent on the aircraft's RNP capabilities, which must be endorsed by the manufacturer. The revision increases the maximum permitted lateral cross-track error from 0.20 nautical miles to 0.30 nautical miles, reflecting a change in safety standards (subregulation 179A(1)). The Civil Aviation Regulations 1988 impose certain obligations on Qantas Airways Limited as the operator of these aircraft. These obligations include ensuring that the specified B737-800 aircraft are equipped with the necessary computerised flight management systems and are certified by the manufacturer to meet the RNP standards for conducting the RNP APCH LNAV and LNAV/VNAV procedures. The operator must also adhere to the outlined procedures during such approaches to ensure compliance with the updated safety requirements. Under the Legislative Instruments Act 2003, the instructions issued by the Civil Aviation Safety Authority (CASA) are considered a legislative instrument and are thus subject to disallowance in Parliament. Despite this, consultation under section 17 of the LIA was not undertaken as this instrument is an update of a previous instruction and follows ICAO standards applicable to any operator meeting the specified criteria. Furthermore, the instrument has been assessed and deemed compatible with human rights and freedoms as it does not raise any related issues, nor does it engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. For any breach of the conditions set forth in Instrument CASA 61/11, Qantas Airways Limited could face significant penalties. Although the specific penalties are not detailed within the explanatory statement, violations of civil aviation regulations can typically result in fines, suspension of operational permits, or other enforcement actions by CASA. These measures are intended to ensure adherence to safety standards and maintain the integrity of air navigation practices. The instrument is effective from the day after registration and will cease to have effect at the end of April 2014, unless otherwise extended.