CASA 398/08 - Instructions - use of RNAV (GNSS) approaches by RNP-capable aircraft

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Legislation au F2008L02823 Not in force Legislative Instrument

Legislation content

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.

ICAO rule changes

It is Australian aviation policy that instrument flight procedures should conform to the International Civil Aviation Organisation (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.

However, most modern Australian turbojet airline aircraft are equipped with computerised flight management systems (FMS) that are more sophisticated than the GNSS navigation equipment. 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 without further analysis or design of the instrument approach procedure.

 

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 FMSequipped aircraft to conduct RNAV (GNSS) approach procedures on the basis of their RNP capability without the need for individual type approval. Qantas has applied for such approval.

 

The instrument, therefore, contains procedures to allow for the conduct of RNAV (GNSS) approaches by Qantas in Boeing 737-800 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 0.30capable 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 Qantas 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 method of control to that described by the FMS. 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 dedicated to the task to 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 manufacturer’s stated limits for the RNP 0.30 capability.

The instrument replaces Instrument CASA 189/05, which expires at the end of July 2008, and replaces it with revised instructions for Qantas Boeing 737-800 aircraft which have the requisite RNP capability.

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 has been requested by Qantas and has been issued because its aircraft are capable of meeting the RNAV (GNSS) RNP 0.30 requirements. In accordance with the ICAO standard, 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 commences on 1 August 2008 and stops having effect at the end of 31 July 2010.

 

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

 

[Instrument number CASA 398/08]

Overview

The Civil Aviation Regulations 1988, as amended by the instrument F2008L02823, address the gap in allowing RNP-capable aircraft to use RNAV (GNSS) approaches, aligning with updated ICAO standards. Enacted by the Australian Government, specifically through the Civil Aviation Safety Authority (CASA), the policy objective is to enhance safety and operational efficiency by utilising modern navigation technologies for aircraft that meet RNP standards. This legislative instrument permits Qantas' Boeing 737-800 aircraft, equipped with the requisite RNP capability, to conduct RNAV (GNSS) approaches, replacing previous instructions and ensuring compliance with updated international standards. This change facilitates safer and more efficient RNAV (GNSS) approach procedures, leveraging the advanced navigation systems of modern aircraft.

Scope and Application

The Civil Aviation Regulations 1988 Instructions regarding the use of RNAV (GNSS) approaches by RNP-capable aircraft applies to Qantas and its specified Boeing 737-800 aircraft capable of RNP 0.30 performance. These regulations are established to allow the use of RNAV (GNSS) approaches by RNP-capable aircraft, which offer safety benefits such as runway-aligned straight-in approaches, automated flight systems, and vertical navigation. This regulation aligns with the Australian aviation policy that instrument flight procedures should conform to the International Civil Aviation Organisation (ICAO) design rules. The instrument sets out specific conditions and procedures that must be followed by Qantas and its specified aircraft during an RNAV (GNSS) approach. This instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. The instrument replaces Instrument CASA 189/05, which expires at the end of July 2008, and remains in effect until the end of 31 July 2010.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation include subregulation 179A(1) and 179A(3A), which allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights and specify the method of navigation and obtaining a positive position fix. Subregulation 179A(3A) declares these instructions to be disallowable instruments, meaning they are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This instrument provides procedures for the use of RNAV (GNSS) approaches by RNP-capable aircraft operated by Qantas. The conditions and procedures outlined in the instrument are designed to ensure safe navigation and compliance with ICAO standards. The obligations imposed by this Act on the parties it governs include ensuring that the aircraft's flight manual expressly states the aircraft's capability to meet RNP 0.30 requirements. The aircraft must be operated in accordance with the manufacturer’s instructions, and the flight crew must comply with the relevant instrument rating requirements under Civil Aviation Order 40.2.1, as well as approved tests and checks under regulation 217 of CAR 1988. The flight crew must load the RNAV (GNSS) approach from the current approved navigation database into the FMS, ensuring it is displayed and selected for RNP 0.30 operations. They must also monitor cross-track errors closely and discontinue the RNAV (GNSS) approach if navigation exceeds the manufacturer's stated limits for RNP 0.30 capability. The instrument imposes several requirements on Qantas and its specified aircraft. RNAV must not be used to satisfy the requirements of alternate aerodrome planning or as a navigation reference for certain flights. 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, meaning it is at, or above, the path identified in the published approach chart, and the flight crew do not have to intervene by selecting an alternative method of control. Despite the assessment of a VNAV path as suitable, the flight crew must observe any vertical limitations on approach paths. The RNAV (GNSS) approach must only be flown using the current approved navigation database and must be discontinued if navigation of the aircraft exceeds, or cannot meet, the manufacturer’s stated limits for the RNP 0.30 capability. There are no specific offences or penalties mentioned within the text of the instrument itself. However, the Legislative Instruments Act 2003 provides that a disallowable instrument, such as this one, can be disallowed by Parliament under sections 38 and 42 of the Act. If the instrument were to be disallowed, it would cease to have effect, but this does not imply a specific penalty for breach. The focus is on ensuring compliance with the outlined procedures to maintain safety and adhere to the ICAO 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.