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]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate the safety of air navigation within Australia and were authorised under the Civil Aviation Act 1988. This Act grants the Governor-General the power to make regulations concerning the safety of air navigation. One such regulation, subregulation 179A(1) of the Civil Aviation Regulations 1988, allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, specifying the navigation methods and position fixes for aircraft. The explanatory statement for the instrument CASA 38/07, which was issued by CASA under the authority of the Civil Aviation Act 1988, addresses a specific issue with the use of RNAV (GNSS) approaches by RNP-capable aircraft, specifically Jetstar's Airbus A320. The problem it sought to resolve was a discrepancy in the aircraft's Flight Management System (FMS) database that prevented the aircraft from maintaining the correct vertical profile in managed mode during such approaches. This instrument revokes and reissues CASA 245/06, removing an instruction that required the aircraft to be in a selected vertical flight path before reaching the final approach waypoint, as the FMS database has been modified to allow for the correct vertical profile in managed mode. This instrument adheres to International Civil Aviation Organization standards and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, as amended through Instrument CASA 38/07, apply to the use of RNAV (GNSS) approaches by RNP-capable aircraft, specifically Jetstar's Airbus A320 aircraft that are capable of RNP 0.30 performance. This regulation is applicable across the Commonwealth of Australia and is intended to ensure the safety and compliance of air navigation practices in accordance with the Civil Aviation Act 1988 and the standards set by the International Civil Aviation Organization. The regulation was made under the authority granted by subregulation 179A(1) of the Civil Aviation Regulations 1988, which allows for the issuance of instructions regarding Instrument Flight Rules (IFR) flights. This particular instrument, however, does not apply to any aircraft that have not been explicitly endorsed by their manufacturer for RNP 0.30 performance. Furthermore, it is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, although no consultation under section 17 of the LIA was undertaken for this specific instrument as it is largely consistent with a previously issued one. The instrument is effective from the day after its registration until the end of July 2008.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) set out the framework for the safe operation of aircraft in Australia, and one key provision is the regulation of Instrument Flight Rules (IFR) flights. Specifically, subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions on the method of navigation and obtaining a positive position fix for IFR flights. This includes instructions on the use of RNAV (GNSS) approaches by RNP-capable aircraft, which are detailed in the revoked and reissued Instrument CASA 245/06. This instrument, now referred to as CASA 38/07, provides guidance for pilots in command of certain aircraft, such as the Airbus A320 operated by Jetstar, in conducting RNAV (GNSS) approaches. The RNAV (GNSS) procedures are designed in accordance with International Civil Aviation Organization (ICAO) standards, as outlined in ICAO Document 8168, also known as PANS-OPS.
Under the new instrument, CASA 38/07, pilots are required to adhere to specific navigation procedures when conducting RNAV (GNSS) approaches in RNP-capable aircraft. The RNP capability of an aircraft is specified in the aircraft’s flight manual (AFM) and displayed to the flight crew via the Flight Management System (FMS). A critical requirement is that the aircraft must be capable of maintaining an RNP 0.30 performance, which is the maximum estimated deviation from the aircraft’s track when using the FMS. This ensures that the aircraft can safely follow the designated flight path during the approach. Previously, there was an instruction requiring the aircraft to be in a selected vertical flight path before reaching the final approach waypoint due to a discrepancy in the FMS database. This instruction has been removed as the database has been modified to allow the aircraft to maintain the correct vertical profile in the managed mode.
Failure to comply with the instructions issued under subregulation 179A(1) of the CAR 1988 can lead to serious consequences. While the specific offences and penalties are not detailed in the explanatory statement, the regulations generally permit CASA to take enforcement actions against non-compliance. This could include fines, suspension, or revocation of the aircraft’s operating certificate, or other measures deemed necessary to ensure compliance with safety standards. The instructions are considered a legislative instrument under the Legislative Instruments Act 2003, and as such, they are subject to tabling and disallowance in the Parliament. The instrument is effective from the day after its registration and ceases to have effect at the end of July 2008.