CASA 17/15 - Instructions and exemption — RNAV (RNP-AR) approaches and departures (Jetconnect)

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

Legislation au F2015L00294 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Instructions and exemption — RNAV (RNP-AR) approaches and departures (Jetconnect)

 

Legislation

Subsection 98 (1) 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. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Under subregulation 178 (1) of the Civil Aviation Regulations 1988 (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. Contravention of either of these 2 provisions is an offence of strict liability attracting 50 penalty units.

 

However, paragraph 178 (4) (c) of CAR 1988 provides an exception from these requirements if the flight is during an authorised instrument approach procedure (IAP) or an authorised instrument departure procedure (IDP). An authorised IAP and an authorised IDP are defined in subregulation 178 (7) of CAR 1988 as being procedures that are designed and published 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. Under subregulation 179A (3A) of CAR 1988, an instruction issued under subregulation 179A (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument.

 

Civil Aviation Order 20.7.1B (CAO 20.7.1B) deals with aeroplane weight and performance limitations. Among other things, paragraph 3.1 defines RNP-capable aeroplane as an aeroplane that is approved for area navigation (RNAV). Subparagraph 12.1.1 (b) and paragraph 12A.5 also deal with approved RNP operations for RNP-capable aeroplanes with specific take-off area requirements.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a Civil Aviation Order, 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.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

Between March 2012 and February 2015, Jetconnect Limited (the operator) operated its B737-800 aircraft using authorised RNAV (RNP-AR) IAP or IDP under trial conditions in Australia. These are sophisticated, computer-assisted RNAV 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 which lack vertical guidance and which impose a high mental work load on the flight crew.

 

The approach and departure procedures were designed by Naverus Inc, a United States based RNP-AR procedure specialist. A previous instrument issued to the operator (CASA 104/12 refers) instructed the operator’s pilots in command to only use authorised RNAV (RNP-AR) IAP or IDP in accordance with the trial. Conditions included that approaches may not be conducted below defined heights and departures must use a defined RNP type in accordance with the aircraft flight manual.

 

The operator’s trial use of RNAV (RNP-AR) IAP and IDP has been successful and the operator has requested that CASA issue an instrument to allow RNAV operations to continue in B737-800 aircraft. This instrument continues the instructions and exemption issued to the operator for the purpose of RNAV operations. A pilot in command of the operator’s aircraft is exempt from compliance with subregulations 178 (1) and (2) of CAR 1988, which means that the pilot may fly at a height lower than the published LSALT for a route segment, but subject to the instructions in Schedule 1 that require the pilot in command to use the authorised RNAV (RNP-AR) IAP or IDP, and subject to the conditions in Schedule 2.

 

The conditions include that the RNAV (RNP-AR) approach or departure may only be conducted in an operator’s B737-800 aircraft that is RNP-AR capable, and in accordance with the operations specification issued by the Civil Aviation Authority of New Zealand. A number of new conditions have been imposed, including that the operator must ensure that all RNAV approaches are monitored by its Flight Operations Qualify Assurance Program, in accordance with requirements in ICAO Doc 9613. Additional requirements are placed on the pilot in command, including that the pilot in command must ensure the approved aircraft GNSS receivers are operational, and that the approach is flown in accordance with the approved navigation database setting out that approach.

 

Legislative Instruments Act 2003 (the LIA)

Under subregulation 179A (3A) of CAR 1988, an instruction issued under subregulation 179A (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument. The instrument contains 2 instructions, issued under subregulation 179A (1) of CAR 1988, dealing with the operation of the operator’s B737-800 aircraft on RNAV (RNP-AR) IAP and IDP. The instrument is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The instrument has been issued at the request of the operator. The instrument repeals and replaces similar instructions issued to the operator for trial purposes (CASA 104/12 refers). Similar instruments have been issued to other operators subject to CASA being satisfied on aviation safety issues. It is CASA’s view that it is not necessary or appropriate to conduct any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of February 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA 17/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Instructions and exemption — RNAV (RNP-AR) approaches and departures (Jetconnect)

This legislative 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.

Overview of the legislative instrument

This legislative instrument allows Jetconnect Limited (the operator) to conduct computer‑assisted area navigation operations in B737-800 aircraft for approaches and departures. The instrument has been issued after the operator demonstrated successful results after a trial period. The instrument contains conditions, in the interests of aviation safety, that are applicable to the operator and pilots in command of the operator’s aircraft.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to establish a regulatory framework for the safe navigation and operation of aircraft in Australia. The problem these regulations aimed to address was ensuring that the increasing complexity of aviation operations did not compromise safety, particularly in adverse weather conditions. The Civil Aviation Act 1988 (Act) authorises the Governor-General to make regulations for aviation safety, and these regulations provide the basis for the Civil Aviation Safety Authority (CASA) to issue further detailed instructions and exemptions as necessary. The primary policy objective is to facilitate safe and efficient air navigation by allowing for the continued use of advanced RNAV (RNP-AR) approaches and departures, which have been proven to reduce the risk of accidents like controlled flight into terrain (CFIT). This legislative approach allows CASA to respond flexibly to new aviation technologies and operational practices, ensuring they meet stringent safety standards before being authorised for use.

Scope and Application

The Civil Aviation Safety Authority (CASA) has issued an instrument under the Civil Aviation Act 1988, allowing Jetconnect Limited to continue operating its Boeing 737-800 aircraft using authorised RNAV (RNP-AR) Instrument Approach Procedures (IAP) and Instrument Departure Procedures (IDP) in Australia. This instrument replaces previous trial instructions issued to Jetconnect Limited and provides specific conditions under which RNAV operations can be conducted. The Civil Aviation Regulations 1988 (CAR 1988) generally require pilots to fly at or above the published lowest safe altitude (LSALT) for a route segment, but an exemption is provided for flights conducted under an authorised IAP or IDP. Pilots in command of Jetconnect Limited’s aircraft are exempt from these requirements, provided they adhere to the RNAV (RNP-AR) IAP or IDP and the conditions outlined in the instrument. The conditions include the requirement that RNAV operations may only be conducted in RNP-AR capable aircraft and in accordance with the operations specification issued by the Civil Aviation Authority of New Zealand. Additional conditions require monitoring of RNAV approaches and adherence to approved navigation databases. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, as it is a disallowable instrument issued under CAR 1988. The instrument is compatible with human rights as it does not raise any human rights issues. The instrument applies specifically to Jetconnect Limited and the pilots in command of its B737-800 aircraft operating within Australia. The instrument’s scope is limited to the continuation of RNAV (RNP-AR) IAP and IDP operations under specified conditions. The instrument’s geographic reach is confined to Australia, as it pertains to the operation of aircraft within Australian airspace. The instrument does not specify any exclusions or exemptions beyond the conditions outlined for the RNAV operations. Subordinate instruments may extend or restrict the application of this instrument, but none are mentioned in the explanatory statement. The instrument is issued under the authority of CASA and is effective from the date of registration, expiring at the end of February 2018.

Key Provisions

The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 provide the regulatory framework for the operation of aircraft in Australia. Section 98(1) of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act and the safety of air navigation, and section 98(5A) allows the regulations to empower the Civil Aviation Safety Authority (CASA) to issue instruments affecting the safe navigation and operation of aircraft. Subregulation 178(1) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that a pilot in command of an aircraft must not fly below the published lowest safe altitude (LSALT) for a route segment unless during an authorised instrument approach procedure (IAP) or instrument departure procedure (IDP). Subregulation 179A(1) of CAR 1988 allows CASA to issue instructions for Instrument Flight Rules (IFR) flights specifying the navigation method. Civil Aviation Order 20.7.1B (CAO 20.7.1B) defines RNP-capable aeroplanes and their approved operations. Subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows CASA to grant exemptions from regulation or order provisions if necessary for air navigation safety. Subregulation 11.205(1) of CASR 1998 allows CASA to impose conditions on exemptions, and subregulation 11.230(1) mandates that an exemption ceases three years after its commencement unless otherwise specified. The Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 impose several obligations on the parties and entities they govern. Pilots in command must adhere to the lowest safe altitudes for their flight segments unless they are following an authorised IAP or IDP, as per subregulation 178(1) of CAR 1988. They must also follow any navigation instructions issued by CASA under subregulation 179A(1) of CAR 1988. Jetconnect Limited, the operator, must ensure that its RNAV operations comply with the specific conditions set out in the instrument issued by CASA. These conditions include using RNP-AR capable aircraft, monitoring RNAV approaches, and ensuring that the aircraft’s GNSS receivers are operational. CASA has the authority to issue instructions and exemptions under the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, subject to the conditions that it can impose under subregulation 11.205(1) of CASR 1998. Exemptions granted under subregulation 11.160(1) of CASR 1998 must be published and will cease after three years unless otherwise specified in subregulation 11.230(1) of CASR 1998. Breaching the provisions of the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 can result in criminal or civil penalties. Under subregulation 178(1) of CAR 1988, flying below the lowest safe altitude without authorisation is an offence of strict liability, attracting a penalty of 50 penalty units. Any instrument issued by CASA under subregulation 179A(1) of CAR 1988 that is not in the form of a Civil Aviation Order is subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Failure to comply with the conditions of an exemption granted under subregulation 11.160(1) of CASR 1998 can result in the exemption being revoked. The instrument issued by CASA to Jetconnect Limited contains instructions and an exemption, subject to the conditions set out in Schedule 2. The instrument is a disallowable instrument under subregulation 179A(3A) of CAR 1988 and is subject to tabling and disallowance in the Parliament.

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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.