CASA 220/13 - Instructions — GNSS primary means navigation (B787-8 aircraft)

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

Legislation au F2013L01797 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Instructions — GNSS primary means navigation (B787-8 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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.

 

Instructions

Current accepted procedures for the use of the Global Navigation Satellite System (GNSS) allow the use of satellite navigation for primary means navigation under I.F.R. In addition, modern aircraft with the required level of navigation performance (RNP) have the capability to fly non-precision approaches using the RNP capabilities of the aircraft without using ground-based navigation aids.

 

This instrument applies to Boeing 787-8 aircraft, being aircraft that have the required technology. The instrument is required to allow them to be introduced into service by the operator to whom the instructions apply and used in accordance with their capabilities. The instrument sets out the conditions subject to which non-precision instrument approaches to aerodromes may be conducted by the operator using the aircraft’s navigation systems.

 

These conditions include the following. The aircraft must be capable of the required navigation performance for the relevant operations. The aircraft must be operated in accordance with the manufacturer’s instructions. The procedure to be flown by the flight crew must be extracted from an approved navigation database. The operator must ensure that flight crew are appropriately trained in the minimum equipment required for dispatch, commencement of the approach, the approach procedures and the reasons to discontinue the approach.

 

The training syllabus for training of flight crew must be included in the operator’s approved training and checking manual.

 

The operator’s policy, procedures and limitations on the use of GNSS as the primary means of navigation must be included in the Jetstar Airways operations manual.

 

Legislative Instruments Act

Under subregulation 179A (3A) of CAR 1988, an I.F.R. flight instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.

 

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 under legislation in force before the commencement of the LIA. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Statement of Compatibility with Human Rights

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

 

Consultation

Consultation under section 17 of the LIA has not been undertaken. The instrument applies only to a single operator and there was no need for general consultation. It allows recently introduced and more accurate navigation equipment to be used that was not provided for in the current CAR 1988.

 

Consultation is also not necessary because the instrument is consistent with previous instruments issued to Australian airlines to allow them to reduce their dependence on ground-based navigation systems. It applies substantially the same rules and conditions that have already been accepted and put into practice.

 

The use of this equipment provides an increase in safety as it improves the reliability of the navigation solutions provided to the aircraft crew. Airlines are satisfied with the effect of instructions of this sort.

 

Similar instruments would be issued to any Australian airline that meets the requirements outlined in the relevant aircraft flight manual and is assessed by CASA as suitable to use overlay approach procedures when conducting non-precision approaches.

 

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 the Civil Aviation Safety Regulations 1998.

 

The instrument commences on the day of registration and expires at the end of August 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA 220/13]

Attachment 1

Statement of Compatibility with Human Rights

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

Instructions — GNSS primary means navigation (B7878 aircraft)

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

The purpose of this legislative instrument is to issue instructions for the conduct of specified non-precision approach procedures by Jetstar Airways Pty Ltd in Boeing 787-8 aircraft. These aircraft have a navigation system that is capable of meeting the relevant navigation performance requirements.

 

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, as amended by F2013L01797, were enacted to address the need for modernising the regulatory framework surrounding the use of advanced navigation systems in aviation. This particular legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) to allow Boeing 787-8 aircraft to use Global Navigation Satellite System (GNSS) as the primary means of navigation for Instrument Flight Rules (IFR). The policy objective was to enhance safety and efficiency by permitting the use of satellite navigation for non-precision approaches, thereby reducing reliance on ground-based navigation aids. This instrument applies specifically to Jetstar Airways, ensuring that the aircraft’s navigation systems meet the required performance standards and that flight crews are adequately trained. The regulations are designed to be consistent with existing procedures, ensuring that the increased safety and reliability provided by the new technology are realised without disrupting current operations.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, provide the framework for aviation safety and operational procedures in Australia. This particular instrument applies specifically to Jetstar Airways Pty Ltd and their operation of Boeing 787-8 aircraft, which are equipped with the necessary technology to conduct non-precision instrument approaches using Global Navigation Satellite System (GNSS) as the primary means of navigation. The regulations mandate that these aircraft must meet the required navigation performance (RNP) and be operated in accordance with the manufacturer's instructions. Additionally, the flight crew must be trained in the minimum equipment necessary for dispatch, approach procedures, and the reasons to discontinue the approach. The operator's policy, procedures, and limitations on the use of GNSS must be documented in their operations manual. The instrument is a legislative instrument subject to disallowance in Parliament, and it is compatible with human rights as it does not engage any applicable rights or freedoms. This instrument allows Jetstar Airways to leverage advanced navigation technologies to enhance safety and operational efficiency, provided all conditions and training requirements are met.

Key Provisions

The main operative sections of this instrument, as detailed in the Civil Aviation Regulations 1988 (CAR 1988), specifically address the use of the Global Navigation Satellite System (GNSS) as the primary means of navigation for Boeing 787-8 aircraft under Instrument Flight Rules (IFR). According to subregulation 179A(1), the Civil Aviation Safety Authority (CASA) is empowered to issue instructions that outline the methods of aircraft navigation and the acquisition of a positive position fix. The instructions in this instrument apply exclusively to Boeing 787-8 aircraft, which are equipped with the necessary technology for such operations. These instructions set forth the conditions for conducting non-precision instrument approaches to aerodromes using the aircraft’s navigation systems. The obligations imposed on the parties governed by this Act include ensuring that the aircraft are capable of the required navigation performance for relevant operations, operating the aircraft in line with the manufacturer’s instructions, and ensuring that flight crews are trained in the minimum equipment required for dispatch, the commencement of the approach, the approach procedures, and the reasons to discontinue the approach. Additionally, Jetstar Airways is required to include the training syllabus for flight crew training in their approved training and checking manual. The operator’s policy, procedures, and limitations on the use of GNSS as the primary means of navigation must also be included in the operations manual. The instructions mandate adherence to these procedures to maintain the safety and reliability of the navigation solutions provided to the aircraft crew. In terms of consequences for breach, the instrument is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is also a legislative instrument under section 5 of the Legislative Instruments Act 2003 (LIA). This means that the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to comply with these instructions could result in severe civil and criminal consequences. While the specific penalties are not detailed in the instrument, non-compliance with Civil Aviation Regulations can generally lead to significant fines, operational restrictions, or even revocation of operating certificates. These measures underscore the importance of adhering to the prescribed procedures to ensure aviation safety.

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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.