CASA 273/08 - Instructions - use of RNAV (GNSS) approaches by RNP-capable aircraft

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

Legislation au F2008L01442 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) of CAR 1988, 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 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 Instrument 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 (e.g. B737NG) to conduct RNAV (GNSS) approach procedures. Approvals have been given to Qantas Airways Limited (Qantas) and Virgin Blue Airlines Pty 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. Jetstar Airways Pty Limited (Jetstar) has applied for such approval for the Airbus A330 aircraft.

 

The instrument, therefore, contains procedures to allow for the conduct of RNAV (GNSS) approaches by Jetstar in Airbus A330 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 RNP 0.30-capable 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 Jetstar 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. This is a reissue of an instrument, CASA 02/07, which has ceased.

 

The instrument commences on the day after it is registered and stops having effect at the end of 30 September 2009.

 

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

 

[Instrument number CASA 273/08]

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument CASA 273/08, addresses the problem of aligning Australian aviation procedures with International Civil Aviation Organization (ICAO) standards, particularly concerning the use of Required Navigation Performance (RNP) for RNAV (GNSS) approaches by modern turbo-jet aircraft. This instrument, issued under section 98 of the Civil Aviation Act 1988, allows Jetstar Airways to use RNAV (GNSS) approaches with their Airbus A330 aircraft, which are capable of RNP 0.30 performance. The policy objective is to enhance safety by providing more precise and efficient approaches, allowing for straight-in runway alignments and the use of automated flight systems, while ensuring that the aircraft meet the necessary conditions and procedures specified in the Civil Aviation Regulations 1988. The instrument sets out the specific requirements for the aircraft's flight manual, operational procedures, and compliance with relevant training and checking requirements. The Civil Aviation (General) Instrument CASA 273/08 is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This instrument is a reissue of CASA 02/07, which has ceased, and it comes into effect on the day after registration, ceasing to have effect at the end of 30 September 2009. This exemption was made by a delegate of the Civil Aviation Safety Authority under subregulation 7(1) of the Civil Aviation Regulations 1988, without the need for consultation as per section 17 of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Instructions — Use of RNAV (GNSS) Approaches by RNP-Capable Aircraft, as outlined in the Explanatory Statement, applies to Jetstar Airways Pty Limited and its specified Airbus A330 aircraft that are capable of meeting the RNP 0.30 performance criteria. These instructions allow the specified aircraft to perform RNAV (GNSS) approaches, aligning with updated International Civil Aviation Organization (ICAO) design rules that reduce obstacle clearance widths for RNP procedures. The regulations pertain to aircraft operations in Australia, impacting the aviation industry by allowing more efficient and safer air navigation procedures. The instrument does not extend to other airlines or aircraft types unless they meet the specified RNP 0.30 capability and undergo the required evaluation and approval process. The instructions are a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, and commence on the day after registration, expiring at the end of 30 September 2009.

Key Provisions

The main operative sections of this piece of legislation pertain to the issuance of instructions by the Civil Aviation Safety Authority (CASA) concerning the use of RNAV (GNSS) approaches by RNP-capable aircraft. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA has the authority to issue such instructions, which are detailed in Instrument CASA 404/05. This instrument outlines the procedures for using GPS for non-precision approaches (RNAV (GNSS) procedures) and specifies the required navigational equipment, such as self-contained GPS receivers, for aircraft operating under Instrument Flight Rules (IFR). The regulations also acknowledge the existence of more sophisticated navigation systems, such as flight management systems (FMS) used in modern turbo-jet airline aircraft, which comply with Required Navigation Performance (RNP) standards. The obligations and requirements imposed by this legislation on the parties governed by it include strict adherence to the specified procedures for conducting RNAV (GNSS) approaches. Jetstar Airways Pty Limited, for instance, must ensure that its Airbus A330 aircraft meet the RNP 0.30 capability as stated in the aircraft's flight manual (AFM). The flight crew must follow the manufacturer’s instructions and ensure that the RNAV (GNSS) approach is loaded correctly from the approved navigation database. Additionally, the flight crew must monitor cross-track errors and observe any vertical limitations on approach paths. The AFM must also explicitly state that the aircraft is capable of meeting the RNP 0.30 requirements, and the aircraft must not be used to satisfy the requirements of alternate aerodrome planning or as a navigation reference for certain flights. Breach of these regulations can lead to significant civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, violations of civil aviation regulations can generally result in penalties such as fines and the possibility of grounding the aircraft involved. Under the Legislative Instruments Act 2003 (LIA), the instrument is a disallowable instrument, meaning it can be subject to disallowance by the Parliament within a specified period. Furthermore, failure to comply with the AFM instructions, Civil Aviation Order 40.2.1, or the training and checking organisation requirements in regulation 217 of CAR 1988, can lead to regulatory action against both the airline and the pilots involved. This underscores the importance of strict adherence to the outlined procedures and requirements to ensure safety and compliance with Australian aviation standards.

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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.