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.
Background
This instrument revokes and reissues Instrument CASA 245/06. CASA 245/06, issued under subregulation 179A (1), provided instructions as to how a pilot in command of an aircraft was to use GPS for carrying out non‑precision approaches, now referred to as RNAV (GNSS) procedures.
These flight procedures are designed in accordance with International Civil Aviation Organization design rules (ICAO Document 8168, commonly referred to as PANS‑OPS). Under PANS-OPS, RNAV (GNSS) procedures may be flown by RNP 0.30 capable aircraft (the maximum estimated deviation from the aircraft’s track when using its Flight Management System (FMS)).
Instrument CASA 245/06 contained instructions for the conduct of RNAV (GNSS) approaches by Jetstar in Airbus A320 aircraft capable of RNP 0.30 performance (the specified aircraft). The RNP capability of an aircraft is mentioned in the aircraft’s flight manual (AFM) and displayed to the flight crew by its FMS.
Owing to a discrepancy in the FMS database that would not allow the specified aircraft to maintain the correct vertical profile in the managed mode, one instruction required the aircraft to be in a selected vertical flight path for the approach before reaching the final approach waypoint. The database has now been modified so that the specified aircraft can use the managed mode to maintain the correct vertical profile.
Accordingly, paragraph 3.1 (4) of Schedule 1 to CASA 245/06, which contained that instruction, is not contained in this instrument. In all other respects the instrument is the same as CASA 245/06.
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 under section 17 of the LIA has not been undertaken in this case. The instrument is the same as one previously issued, with the restriction relating to anticipatory engagement of the selected vertical flight path removed. In accordance with ICAO standards, 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.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of July 2008.
The instrument has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 38/07]