CASA 251/08 - Instructions - RNAV (RNP-AR) approaches and departures

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Legislation au F2008L01327 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — RNAV (RNP-AR) approaches and departures

Legislation

Section 98 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.

Under subregulation 178 (1) of the Civil Aviation Regulations (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.

However, paragraph 178 (4) (c) of CAR 1988 provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer. Under subregulation 179A (1), 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.

The purpose of the instrument is to enable a controlled, Australia-wide, trial by Jetstar Airways Pty Limited (Jetstar) of certain Area Navigation (Required Navigation Performance‑Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.

Use of RNAV (RNP-AR) can enable accurate navigation and obstacle avoidance in instrument meteorological conditions (I.M.C.) under 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 (NPA) which lack vertical guidance and which impose a high mental work load on the flight crew.

Trial of RNAV (RNP-AR)

Under subregulation 173.055 (1) of the Civil Aviation Safety Regulations 1998, Naverus (a United States-based RNP-AR procedure specialist) is a certified designer of instrument approach and departure procedures using a specialised form of RNAV (RNP-AR).

RNAV (RNP-AR) procedures of the type to be used in the trial have been developed and are in use in the United States and Canada. However, there are as yet no internationally agreed design standards for such procedures.

The design standards to be used in the trial have been subject to the scrutiny of the Federal Aviation Administration of the United States of America and Transport Canada. CASA conducted its own assessment of the procedure design standards used by Naverus before granting it a certificate as a certified designer. CASA is, therefore, satisfied that the proposed IAP and IDP meet or exceed acceptable standards of safety for instrument approach and departure operations.

The instrument enables the trial to take place in controlled circumstances by issuing instructions on how Jetstar Airbus 320-232 aircraft are to be navigated in I.F.R. flight when using RNAV (RNP-AR).

Instructions

The instrument applies to all RNAV (RNP-AR) approaches and departures in I.M.C. under the I.F.R. in Australia. It instructs the pilot in command of an aircraft to use only an authorised RNAV (RNP-AR) IAP or IDP if making an RNAV (RNP-AR) approach or departure. It further instructs that a pilot in command may only use an authorised RNAV (RNP-AR) IAP or IDP for, and in accordance with, the trial. This mechanism is designed for safety purposes to ensure that the Naverus procedures may only be used in the controlled trial by an approved operator. The trial is defined as that described in the Jetstar proposal, accepted by CASA and conducted in accordance with certain conditions.

Conditions

The conditions of the trial include the requirement that only approved and specially trained pilots may be used in specifically capable aircraft. Operations must be in accordance with the Jetstar proposal. Approaches may not be conducted below certain defined heights. Departures must use defined RNP type in accordance with the aircraft flight manual. CASA must be permitted to attend and observe certain flights and training. Jetstar must make certain operational reports available to CASA and immediately report any safety-related incidents.

Approval

Subregulation 5 (1) of CAR 1988 provides that where CASA is authorised to issue directions, it may do so in the form of Civil Aviation Orders. Subregulation 235 (2) of CAR 1988 authorises CASA to issue directions setting out the manner of determining a maximum weight for an aircraft that its gross weight must not exceed at take-off or landing. For aircraft of a maximum take-off weight exceeding 5 700 kg, CASA has issued such directions in the form of Civil Aviation Order 20.7.1B (CAO 20.7.1B).

Subsections 12 and 12A of CAO 20.7.1B provide for methods of meeting take-off obstacle clearance requirements in relation to take-off weight limitations by reference to the definition of the take-off area. Under subparagraph 12.1.1 (b) and paragraph 12A.5, the limitation of the take-off area is redefined for approved RNP operations, in RNP-capable aeroplanes that are approved for area navigation (RNAV) using specified RNP containment values.

Therefore, to enable departures during the RNAV (RNP-AR) trial to continue to take advantage of these RNP-AR related obstacle clearance provisions, the instrument also contains:

(a) an approval of Airbus A320-232 aeroplanes for area navigation (RNAV); and

(b) an approval of the trial as an approved RNP operation; and

Exemption

Because what is proposed is a specialised trial only, and because of exemptions and conditions for the Naverus procedure design certificate, Naverus does not publish its IAP and IDP. To ensure that the trial is conducted in accordance with the requirements of the LSALT exemption provided by paragraph 178 (4) (c) of CAR 1988, it is necessary, by means of an exemption, to exclude publication from the definition of IAP and IDP for paragraph 178 (4) (c).

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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. The instrument is being remade to correct an error brought to the attention of CASA by the Senate Standing Committee on Regulations and Ordinances.

The instrument commences on the day after it is registered and stops having effect at the end of 31 December 2010.

The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.

[Instrument number CASA 251/08]

Overview

The Civil Aviation Regulations 1988, as amended, were enacted to ensure the safety of air navigation and the regulation of civil aviation in Australia. The primary objective of this legislation is to establish and enforce standards and procedures that maintain the safety and efficiency of air navigation. One notable instrument introduced under the Civil Aviation Regulations 1988 is the Civil Aviation Order (CAO) 20.7.1B, which provides methods for meeting take-off obstacle clearance requirements for aircraft, particularly those exceeding a maximum take-off weight of 5,700 kg. This order was created to address specific safety concerns associated with take-off weight limitations and obstacle clearance, ensuring that aircraft operations comply with stringent safety standards. The Civil Aviation Regulations 1988 are overseen by the Civil Aviation Safety Authority (CASA), which issues regulations and orders under the authority granted by the Civil Aviation Act 1988. The policy objective behind these regulations is to maintain the highest possible safety standards in the civil aviation sector, thereby protecting the public and ensuring efficient and secure air navigation.

Scope and Application

The instrument outlines specific regulations for the use of Area Navigation (Required Navigation Performance-Authorisation Required) approaches and departures (RNAV (RNP-AR)) by Jetstar Airways Pty Limited in Australia. It applies to all RNAV (RNP-AR) approaches and departures conducted under instrument flight rules (I.F.R.) in instrument meteorological conditions (I.M.C.) within Australia. The instrument mandates that pilots in command must use only authorised RNAV (RNP-AR) instrument approach procedures (IAP) or instrument departure procedures (IDP) for such operations, ensuring these procedures are strictly used in accordance with the trial conditions. The trial is limited to operations involving Jetstar's Airbus 320-232 aircraft, with only specially trained and approved pilots allowed to conduct these flights. Additionally, the instrument sets specific operational parameters, such as altitude restrictions for approaches and the type of RNP to be used for departures, ensuring the trial is conducted safely. Furthermore, the instrument includes provisions for CASA to observe certain flights and training sessions, and requires Jetstar to report operational details and any safety incidents to CASA. This legislation ensures that the RNAV (RNP-AR) trial adheres to stringent safety standards while allowing for the evaluation of these advanced navigation procedures in an Australian context.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) pertaining to RNAV (RNP-AR) approaches and departures are found in subregulations 178 (1), (2), and (4) (c), as well as subregulation 179A (1). Section 178 (1) and (2) mandate that pilots must not fly below the published lowest safe altitude (LSALT) for a route segment unless there is an exemption under subregulation 178 (4) (c), which applies if the flight is conducted under a published authorised instrument approach procedure (IAP) or instrument departure procedure (IDP) designed by a certified designer. Subregulation 179A (1) allows the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (IFR) flights, specifying the navigation method for such flights. The Civil Aviation Safety Regulations 1998, in subregulation 173.055 (1), recognise Naverus Inc as a certified designer of RNAV (RNP-AR) procedures. These provisions impose several obligations and requirements on the parties involved. Firstly, pilots must adhere to the lowest safe altitude requirements unless exempted under an authorised IAP or IDP. Secondly, the trial is restricted to approved aircraft, specifically Jetstar Airbus 320-232 aircraft, and pilots who have received special training. The trial conditions also include limitations on the heights at which approaches may be conducted, the types of RNP that must be used for departures, and the necessity for CASA to observe certain flights and training. Additionally, Jetstar is obligated to report any safety-related incidents to CASA immediately and provide certain operational reports. Any breach of the Civil Aviation Regulations 1988 may result in significant consequences. While the specific penalties for violating these regulations are not detailed in the explanatory statement, the regulations generally provide for both civil and criminal penalties. Civil penalties can include fines, while criminal penalties might include imprisonment, reflecting the seriousness with which aviation safety regulations are treated. The Legislative Instruments Act 2003 also subjects these instructions to disallowance in Parliament, adding a layer of scrutiny and accountability to the regulatory process.

Area of Law: Aviation Law
Instrument: Regulation
Concepts: Reporting & Disclosure Obligations; Licensing & Registration; Regulatory Standards; Offence Provisions

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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.

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