CASA 23/08 - Instructions - use of RNAV (GNSS) approaches by RNP capable aircraft

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Legislation au F2008L00040 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — use of RNAV (GNSS) approaches by RNP capable 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 404/05, issued under subregulation 179A (1), provides instructions as to how a pilot in command of an aircraft operating under the I.F.R. may use the Global Positioning System (GPS). Among other things, the instrument details the procedures for using GPS for carrying out nonprecision approaches, now referred to as RNAV (GNSS) procedures. It specifies the navigational equipment that must be installed.

ICAO rule changes

It is Australian aviation policy that instrument flight procedures should conform to the International Civil Aviation Organization (ICAO) design rules (ICAO Document 8168, commonly referred to as PANSOPS). Approximately 450 RNAV (GNSS) approaches designed in accordance with PANSOPS have been commissioned at 260 aerodromes across Australia. Those procedures are designed to be flown by aircraft equipped with self-contained GPS receivers and operated in accordance with Instrument CASA 404/05.

However, most modern Australian turbojet airline aircraft are equipped with computerised flight management systems (FMS) that are more sophisticated than the GNSS navigation equipment mentioned in CASA 404/05. Such aircraft use GNSS positioning to update multiple inertial reference systems (IRS) employing selfcontained laser guided gyroscopes. These navigation systems are designed to comply with Required Navigation Performance (RNP) standards, and the operating procedures and cockpit displays are related to the RNP capability of the aircraft rather than to a specific GNSS receiver used by other less sophisticated aircraft.

On 25 November 2004, ICAO amended the criteria for RNP approach procedure design to reduce the obstacle clearance widths for RNP procedures. For aircraft capable of RNP 0.30, the new ICAO criteria require a lesser obstacle clearance area than is the case for aircraft using the “basic” GNSS receivers on which current RNAV (GNSS) approach procedures are based. Consequently, all existing RNAV (GNSS) approach procedures can now be flown by RNP 0.30 capable aircraft.

 

Although equipped with more sophisticated navigation systems, modern airline aircraft are not directly compatible with the relatively simple Australian airworthiness requirements that apply to the use of GNSS by general aviation aircraft. Consequently, special evaluation of each aircraft type has been necessary to approve FMS equipped airline aircraft with GNSS updating capability to conduct RNAV (GNSS) approach procedures. Approvals have been given to Jetstar Airways Pty Limited and Qantas Airways Limited on this basis, but the process of evaluation and approval is complex and resource intensive.

With the change to the ICAO design rules, it is now possible to approve FMS equipped aircraft to conduct RNAV (GNSS) approach procedures on the basis of their RNP capability without the need for individual type approval. Skytraders Pty Ltd (Skytraders) has applied for such approval for the Airbus A319 aircraft.

 

The instrument, therefore, contains procedures to allow for the conduct of RNAV (GNSS) approaches by Skytraders in Airbus A319 aircraft capable of RNP 0.30 performance (the specified aircraft). The RNP capability of an aircraft is specified in the aircraft’s flight manual (AFM) and displayed to the flight crew by the FMS.

RNAV (GNSS) approach procedures provide improvements in safety by allowing runwayaligned straight-in approaches, the use of automated flight systems, and vertical navigation. The instrument allows the specified aircraft to use existing RNAV approach procedures, thereby providing straight-in approach capability at almost every runway in Australia. This offers a significant safety benefit to those operations.

Conditions and procedures

The instrument sets out the conditions to be satisfied by Skytraders and its specified aircraft for the approval to apply, and the procedures to be followed, during an RNAV (GNSS) approach.

For example, the AFM must expressly state that the aircraft is capable of meeting the requirements of RNP 0.30. RNAV must not be used to satisfy the requirements of alternate aerodrome planning, or used as a navigation reference for certain flights. The aircraft must be operated in accordance with the manufacturer’s instructions. Although not required to be expressly stated, as a matter of law the flight crew must also comply with the relevant instrument rating requirements under Civil Aviation Order 40.2.1, and with the approved tests and checks under the training and checking organisation requirements in regulation 217 of CAR 1988.

The flight crew may not use a vertical navigation path (VNAV path) for any planned approach unless the operator has established that the path is suitable for the aircraft. Suitable means that the vertical path described by the FMS is at, or above, the path identified in the published approach chart, and that the flight crew do not have to intervene by selecting an alternative mode of flight to the VNAV path. However, the flight crew may alter speed provided this does not affect the VNAV path. Despite the assessment of a VNAV path as suitable, the flight crew must also observe any vertical limitations on approach paths.

Under the procedures, the flight crew are required to ensure that the particular RNAV (GNSS) approach is loaded in the FMS from the current approved navigation database (and consistent with paragraph 9A.3 of Civil Aviation Order 20.18 loaded in such a way that it cannot be modified by the operator or flight crew). The flight crew must ensure that the RNP 0.30 value is displayed and selected. The pilot in command must use the method of control (autopilot or flight director) that, in accordance with the AFM, permits RNP 0.30 operations to be conducted. Cross-track errors (cross-track differences between indicated position and planned position of the aircraft) must be closely monitored by at least 1 pilot. This would enable immediate corrective action, if necessary. The RNAV (GNSS) approach may only be flown using the current approved navigation database that sets out the relevant approach. The RNAV (GNSS) approach must be discontinued if navigation of the aircraft exceeds, or cannot meet, the manufacturers stated limits for the RNP 0.30 capability.

For an approach, the selected vertical flight path must be engaged before the aircraft reaches the final approach waypoint.

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. Jetstar and Qantas have been issued similar instruments. Skytraders has requested that this instrument be issued for the Airbus A319 aircraft because it is capable of meeting the RNAV (GNSS) RNP 0.30 requirements. In accordance with the ICAO standard, a similar instrument would be issued to any operator whose relevant aircraft can meet these exacting standards of navigation performance and are expressly endorsed as such by their manufacturer.

 

Apart from the requirements for V.M.C. experience (subclause 2 (5) of Schedule 1), anticipatory engagement of selected vertical flight path (subclause 3 (4) of Schedule 1) and mention of CASA 404/05 (which revoked and replaced the previous standard instructions), the instrument is virtually identical to an earlier instrument issued to Jetstar for RNAV (GNSS) approaches by its RNP capable Airbus A320 aircraft.

 

The instrument commences on the day after it is registered and stops having effect at the end of 19 December 2008.

 

The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 23/08]

Overview

The Civil Aviation Regulations 1988 were enacted to provide a legal framework for the regulation of civil aviation in Australia. The legislation was introduced to address the need for comprehensive and effective regulation of civil aviation to ensure safety, efficiency, and environmental protection. The Civil Aviation Regulations 1988 were enacted by the Australian Parliament and are administered by the Civil Aviation Safety Authority (CASA). The policy objective of the Regulations is to provide a comprehensive and effective regulatory framework for the operation of civil aircraft in Australia, including the establishment of safety standards, licensing requirements, and operational procedures. The Regulations cover a wide range of areas, including aircraft design and maintenance, pilot licensing and training, airworthiness, and air traffic control. The Civil Aviation (General Aviation) (All Aircraft) Instrument 2008 (Cth) was introduced to provide instructions for the use of RNAV (GNSS) approaches by RNP capable aircraft. The instrument was developed in response to changes in ICAO design rules that reduced the obstacle clearance widths for RNP procedures. The instrument allows for the conduct of RNAV (GNSS) approaches by RNP capable aircraft, such as the Airbus A319, without the need for individual type approval. The instrument sets out conditions and procedures to be satisfied by operators and their aircraft for the approval to apply, and the procedures to be followed during an RNAV (GNSS) approach. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Instructions concerning the use of RNAV (GNSS) approaches by RNP capable aircraft apply to Skytraders Pty Ltd and its Airbus A319 aircraft capable of RNP 0.30 performance. These instructions provide guidance on how Skytraders may operate RNAV (GNSS) approaches in accordance with the Civil Aviation Regulations 1988, which themselves are made under the Civil Aviation Act 1988. This Act governs the safety of air navigation in Australia and allows the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (I.F.R.) flights. The instrument is issued under the authority of the Civil Aviation Regulations 1988 and is subject to the provisions of the Legislative Instruments Act 2003. The instrument applies nationally across Australia, aligning with International Civil Aviation Organization (ICAO) standards, and does not specify any exclusions or exemptions beyond those outlined in the conditions for approval. Subordinate instruments may further extend or restrict the application of these instructions, but in this case, no additional consultations under the Legislative Instruments Act 2003 have been undertaken.

Key Provisions

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations for aviation safety, including instrument flight rules (IFR). Subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions for IFR flights, specifying navigation methods and position fixes. Instrument CASA 404/05, issued under this subregulation, provides procedures for using GPS for non-precision approaches, now referred to as RNAV (GNSS) procedures. This includes the necessary navigational equipment for such operations. International Civil Aviation Organization (ICAO) rules mandate that instrument flight procedures should align with ICAO design rules, and approximately 450 RNAV (GNSS) approaches have been commissioned at 260 aerodromes across Australia for this purpose. The Act imposes several obligations on parties it governs, including ensuring that aircraft meet specific RNAV (GNSS) approach requirements. For instance, Skytraders must ensure that the Airbus A319 aircraft is capable of meeting RNP 0.30 performance as stated in the aircraft’s flight manual (AFM). The aircraft must not be used to satisfy the requirements of alternate aerodrome planning or as a navigation reference for certain flights. Additionally, the aircraft must be operated in accordance with the manufacturer’s instructions, and the flight crew must comply with the relevant instrument rating requirements under Civil Aviation Order 40.2.1 and the approved tests and checks under regulation 217 of the Civil Aviation Regulations 1988. Furthermore, the Act sets forth strict conditions for the conduct of RNAV (GNSS) approaches by Skytraders. For example, the AFM must expressly state the aircraft’s capability of meeting the RNP 0.30 requirements, and the RNAV must not be used to satisfy the requirements of alternate aerodrome planning. The flight crew must load the RNAV (GNSS) approach from the current approved navigation database and ensure that the RNP 0.30 value is displayed and selected. The pilot in command must use the appropriate method of control as per the AFM to permit RNP 0.30 operations. Cross-track errors must be closely monitored by at least one pilot, and the RNAV (GNSS) approach must only be flown using the current approved navigation database. The approach must be discontinued if navigation exceeds the manufacturer’s stated limits for the RNP 0.30 capability. Failure to comply with the provisions of the Act and the accompanying regulations can result in significant consequences. Under the Civil Aviation Regulations 1988, any breach of these regulations can lead to civil penalties. The maximum penalty for non-compliance can be substantial, depending on the severity and nature of the breach. Additionally, repeated or severe breaches may result in the revocation of the aircraft's operating certificate, leading to the cessation of flight operations. These penalties underscore the importance of adhering to the specified conditions and procedures for RNAV (GNSS) approaches to ensure the highest safety standards are maintained in Australian aviation.

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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.