CASA 390/12 - Instructions - GNSS primary means navigation (B737 NG aircraft)

Overview

The Civil Aviation Regulations 1988, as amended, were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. A specific instruction under these regulations, issued in 2012, pertains to the use of Global Navigation Satellite System (GNSS) for primary means navigation by Boeing 737 NG aircraft operating under Instrument Flight Rules (I.F.R.). This instruction was introduced to address the need for updated navigational procedures that leverage modern satellite technology, allowing aircraft to perform non-precision approaches without relying solely on ground-based navigation aids. The Civil Aviation Safety Authority (CASA) issued these instructions to define the conditions under which such operations can be conducted safely, including requirements for GNSS availability prediction, necessary navigation equipment, pre-flight checks, and flight crew training. The instruction is a legislative instrument subject to parliamentary scrutiny and is compatible with human rights and freedoms as declared in relevant international instruments.

Scope and Application

The instrument issued under the Civil Aviation Regulations 1988 applies specifically to Boeing 737 Next Generation (NG) aircraft, which are equipped with the requisite technology for using Global Navigation Satellite System (GNSS) for primary means navigation under Instrument Flight Rules (IFR). This regulation defines the terms and conditions for conducting non-precision approaches using the aircraft’s navigation systems, including the necessity of obtaining a prediction of GNSS availability for a proposed operation, the minimum navigation equipment required, and the use of an approved navigation database. The instructions also outline pre-flight and in-flight procedures, as well as flight crew training requirements. The instrument is applicable nationally and is subject to the disallowable instrument provisions under the Legislative Instruments Act 2003, requiring tabling and disallowance in the Parliament if necessary. Additionally, it has been deemed compatible with the human rights and freedoms recognised in international instruments, without engaging any of the applicable rights or freedoms. Although consultation under the Legislative Instruments Act has not been undertaken, the instrument aligns with previous instructions issued to Australian airlines, including Virgin Australia International Airlines Pty Ltd, facilitating reduced reliance on ground-based systems.

Key Provisions

The Civil Aviation Regulations 1988 Instructions regarding GNSS primary means navigation for Boeing 737 NG aircraft (section 179A(1) of CAR 1988) establish specific procedures for navigating using satellite systems under Instrument Flight Rules (I.F.R.). These instructions allow Boeing 737 NG aircraft to use satellite navigation as a primary means of navigation, provided they meet certain conditions. This includes obtaining a prediction of GNSS availability for the proposed operation, ensuring that the aircraft has the minimum required navigation equipment, and using an approved navigation database. The instructions also outline pre-flight checking procedures and flight procedures, as well as training requirements for flight crew. Under these regulations, parties or entities such as Virgin Australia International Airlines Pty Ltd must comply with the specified conditions to legally conduct non-precision approaches using their aircraft's navigation systems. This includes obtaining GNSS availability predictions, maintaining the necessary navigation equipment, using approved databases, and ensuring that flight crews are adequately trained. The regulations also mandate pre-flight checks and procedures to be followed during flight, ensuring that the aircraft's navigation systems are functioning correctly and safely. Failure to comply with these instructions may result in various consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with Civil Aviation Regulations can generally lead to enforcement actions by the Civil Aviation Safety Authority (CASA). This can include fines, operational restrictions, or other regulatory measures. Furthermore, as the instructions are considered a legislative instrument under the Legislative Instruments Act 2003, non-compliance could also lead to disallowance in Parliament, which would render the non-compliant practices unlawful. These regulations are designed to ensure that operations are conducted safely and in accordance with the Civil Aviation Act 1988 and associated safety standards.