Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B-767-300 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.
New performance-based navigation specifications have been issued by the International Civil Aviation Organization (ICAO) that replace the RNAV (GNSS) approach specifications.
These specifications set out new required navigation performance approach (RNP APCH) procedures, namely area navigation instrument approach procedures providing lateral navigation to a minimum descent altitude (RNP APCH LNAV) and area navigation instrument approach procedures providing lateral and vertical navigation to a decision altitude (RNP APCH LNAV/VNAV).
Conditions and procedures
The instrument sets out the conditions to be satisfied by the operator and the specified aircraft, and the procedures to be followed, during an RNP APCH LNAV or RNP APCH LNAV/VNAV.
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. The instrument is an update of a similar instrument issued to the operator. If, in accordance with the ICAO standard, a similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and are expressly endorsed as such by their manufacturer.
The instrument commences on the day after registration and stops having effect at the end of 31 August 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 390/11]
Overview
The Civil Aviation Regulations 1988 were amended through instrument F2011L01910 to incorporate new performance-based navigation specifications issued by the International Civil Aviation Organization (ICAO). These specifications replace the existing RNAV (GNSS) approach procedures and introduce new required navigation performance approach (RNP APCH) procedures, specifically RNP APCH LNAV and RNP APCH LNAV/VNAV, which provide lateral and vertical navigation to specified altitudes. The regulations were enacted to ensure the safety of air navigation and to align with international standards. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety, and these specific instructions were issued under subregulation 179A(1) of the Civil Aviation Regulations 1988. The instrument, which updates a previous instruction issued to the operator, is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Although consultation was not undertaken for this specific update, it aligns with ICAO standards and applies to Qantas B-767-300 aircraft meeting the required navigation performance standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument F2011L01910, applies specifically to Qantas and its Boeing 767-300 aircraft operating under Instrument Flight Rules (IFR) when performing Required Navigation Performance Approach (RNP APCH) using Lateral Navigation (LNAV) or Lateral and Vertical Navigation (LNAV/VNAV). This regulation is in line with the new performance-based navigation specifications issued by the International Civil Aviation Organization (ICAO) and mandates that Qantas complies with the detailed conditions and procedures for these approaches. The geographic reach of this Act is national, as it is issued under the authority of the Civil Aviation Act 1988, which pertains to Commonwealth jurisdiction. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and will cease to have effect at the end of 31 August 2014, unless otherwise extended by CASA. This regulation does not apply to any other aircraft or operators unless they specifically meet the outlined criteria and standards set by ICAO and endorsed by their respective manufacturers.
Key Provisions
The Civil Aviation Regulations 1988, as amended by these instructions, introduce new performance-based navigation specifications for Qantas B-767-300 aircraft, specifically for Required Navigation Performance Area Navigation Approach procedures with Lateral Navigation (RNP APCH LNAV) and Lateral Navigation with Vertical Navigation (RNP APCH LNAV/VNAV). Section 179A(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, detailing navigation methods and positive position fixes. These new procedures, established by the International Civil Aviation Organization (ICAO), replace the previous RNAV (GNSS) approach specifications and provide enhanced precision for aircraft landings.
Operators of Qantas B-767-300 aircraft must ensure that their aircraft meet the specified conditions and procedures for RNP APCH LNAV and RNP APCH LNAV/VNAV operations. This includes ensuring that the aircraft are appropriately endorsed by the manufacturer for the specified navigation performance. The operator must also train and certify their flight crew in accordance with the new procedures, ensuring that they are capable of safely executing these approaches. Additionally, the operator must maintain the necessary equipment and systems to comply with the new navigation specifications and ensure these systems are regularly tested and calibrated.
Failure to comply with the instructions outlined in the Civil Aviation Regulations 1988 may result in civil and criminal penalties. Under section 179A(3A) of the Civil Aviation Regulations 1988, these instructions are classified as a disallowable instrument. As such, they are subject to the provisions of the Legislative Instruments Act 2003, which allows for the tabling and potential disallowance of these instructions by the Parliament. While specific penalties are not detailed in the explanatory statement, non-compliance with civil aviation regulations can typically result in fines, suspension or revocation of flight permits, and potential criminal charges for serious breaches. The precise penalties depend on the nature and severity of the breach, as well as the applicable provisions of the Civil Aviation Act 1988 and other related legislation.