CASA 157/14 - Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach (Qantas Airways Limited)

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2014L01045, aim to update navigational procedures to improve safety and efficiency in air travel. Enacted under Section 98 of the Civil Aviation Act 1988, the Australian Parliament authorised these regulations to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) issued these instructions to allow Qantas Airways Limited to utilise the Global Navigation Satellite System (GNSS) as the primary means of navigation for non-precision approach procedures, thereby reducing reliance on ground-based systems. This legislative instrument, which came into effect on 1 August 2014, builds on previous instructions CASA 14/13 and is designed to align with modern aviation technology, enhancing navigational precision and operational efficiency. The instrument is a legislative instrument subject to parliamentary scrutiny and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988, as amended by this legislative instrument, apply to Qantas Airways Limited, allowing the airline to use the Global Navigation Satellite System (GNSS) as the primary means of navigation for conducting non-precision approach procedures, specifically for NDB and VOR (overlay) approaches. This instrument pertains to operations under Instrument Flight Rules (I.F.R.) and Visual Flight Rules (V.F.R.) within Australian airspace, and its application is limited to Qantas Airways Limited, thereby not affecting other airlines or aviation entities. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. It is noteworthy that this instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, and thus is compatible with human rights as it does not raise any human rights issues. The instrument was issued by a delegate of the Civil Aviation Safety Authority (CASA) and is set to commence on 1 August 2014, expiring at the end of July 2017 unless repealed earlier by another instrument.

Key Provisions

The Civil Aviation Regulations 1988 provide a comprehensive framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations and rules for air navigation safety, while subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (I.F.R.). These instructions, found in Civil Aviation Order 20.91 and instrument CASA 356/12, outline procedures for pilots using the Global Navigation Satellite System (GNSS) for navigation under both I.F.R. and Visual Flight Rules (V.F.R.). They detail the methods and equipment necessary for obtaining a positive position fix, ensuring that aircraft are navigated safely and efficiently. The obligations imposed by these instructions on Qantas Airways Limited include the adherence to specified procedures for using GNSS as the primary means of navigation during non-precision approach procedures. Qantas must ensure that their pilots are trained and equipped to follow these instructions, which include using RNP-capable aircraft to perform non-precision approaches without relying on specific ground-based navigation aids. This allows for a reduction in dependence on traditional ground-based systems, such as Non-Directional Beacons (NDB) and Very High Frequency Omni-Directional Range (VOR), thereby enhancing the flexibility and efficiency of flight operations. Breaching these instructions can lead to serious consequences. Under section 179A(3A) of the Civil Aviation Regulations 1988, any instruction that is not in the form of a Civil Aviation Order is considered a disallowable instrument under the Acts Interpretation Act 1901. This means that such instructions are subject to tabling and potential disallowance in the Parliament. Additionally, although the Legislative Instruments Act 2003 does not require a Regulation Impact Statement for this particular instrument, the failure to comply with these instructions could still result in penalties under the Civil Aviation Act 1988, including fines and potential grounding of aircraft. It is imperative for Qantas Airways Limited to ensure strict adherence to these instructions to avoid any legal repercussions.