CASA 415/08 - Instructions - use of RNAV (GNSS) approaches by RNP-capable aircraft

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Legislation au F2008L03003 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 Organization (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 Virgin Blue Airlines Pty Limited (Virgin Blue) 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 FMS-equipped aircraft to conduct RNAV (GNSS) approach procedures on the basis of their RNP capability without the need for an individual type approval. Virgin Blue has applied for such an approval.

 

The instrument, therefore, contains procedures to allow for the conduct of RNAV (GNSS) approaches by Virgin Blue in Boeing 737-700 and 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 0.30-capable 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 Virgin Blue 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 VNAV 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 the 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 or selected in the FMS. 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 the indicated position and the 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 369/05, which expired at the end of July 2008, with revised instructions for Virgin Blue Boeing 737-700 and 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 renews a previous instrument. The 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 the day after it is registered 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 415/08]

Overview

The Civil Aviation Regulations 1988 Instructions — use of RNAV (GNSS) approaches by RNP-capable aircraft, enacted in 2008, was introduced to address the need for modern airline aircraft equipped with advanced navigation systems to be approved for RNAV (Global Navigation Satellite System) approaches. This legislative instrument, issued under Section 98 of the Civil Aviation Act 1988 by the Civil Aviation Safety Authority (CASA), aligns Australian aviation practices with International Civil Aviation Organization (ICAO) design rules. The policy objective of the instrument is to allow RNP-capable aircraft to utilise existing RNAV approach procedures, thereby enhancing safety and operational efficiency by enabling straight-in approach capabilities at almost every runway in Australia. The instrument sets out specific conditions and procedures for Virgin Blue's Boeing 737-700 and Boeing 737-800 aircraft to conduct RNAV (GNSS) approaches, ensuring compliance with RNP 0.30 standards and maintaining the integrity of flight operations.

Scope and Application

The Civil Aviation Regulations 1988 Instructions regarding the use of RNAV (GNSS) approaches by RNP-capable aircraft applies to Virgin Blue Airlines Pty Limited for their Boeing 737-700 and Boeing 737-800 aircraft that meet the RNP 0.30 capability. This legislation pertains to the conduct of instrument flight rules (IFR) flights using RNAV (GNSS) approach procedures, which are designed for use by aircraft equipped with self-contained GPS receivers. However, the legislation also considers more sophisticated navigation systems such as computerised flight management systems (FMS) that use GNSS positioning to update multiple inertial reference systems (IRS). The instructions specify the conditions and procedures that must be met and followed by Virgin Blue and its specified aircraft to conduct RNAV (GNSS) approaches, such as the aircraft's flight manual expressing the capability of meeting the requirements of RNP 0.30 and the aircraft being operated in accordance with the manufacturer's instructions. The legislation has a national reach, applying across Australia, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This instrument replaces a previous one, CASA 369/05, with revised instructions for the specified aircraft. It is effective from the day after registration and ceases to have effect at the end of 31 July 2010.

Key Provisions

The main operative sections of this legislation are primarily found in Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning the Act and the safety of air navigation. Specifically, subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (IFR) flights, detailing the methods of navigation and position fixing to be used. The legislation also references changes made by the International Civil Aviation Organization (ICAO) to the criteria for Required Navigation Performance (RNP) approach procedure design. These changes facilitate the use of RNAV (GNSS) approaches by RNP-capable aircraft, as detailed in the instrument. The obligations and requirements imposed by the Act on the relevant parties, particularly Virgin Blue Airlines, are stringent and multifaceted. Virgin Blue must ensure that its Boeing 737-700 and Boeing 737-800 aircraft meet the specific RNP 0.30 capability requirements, as stated in their Aircraft Flight Manual (AFM). The AFM must explicitly confirm the aircraft's capability to meet these requirements. Additionally, the flight crew is mandated to operate the aircraft in accordance with the manufacturer’s instructions and must comply with all relevant instrument rating requirements and approved tests and checks. They must also ensure that the RNAV (GNSS) approach is correctly loaded in the Flight Management System (FMS) from the current approved navigation database and that the RNP 0.30 value is displayed or selected in the FMS. The pilot in command must use the appropriate method of control as per the AFM to permit RNP 0.30 operations, and cross-track errors must be closely monitored by at least one dedicated pilot. The legislation delineates several consequences and penalties for non-compliance with its provisions. Firstly, the instrument is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. Failure to adhere to the stipulated conditions and procedures could result in the RNAV (GNSS) approach not being flown correctly, potentially compromising safety. Additionally, the use of RNAV for alternate aerodrome planning and certain flights is explicitly prohibited, and any deviation from the specified limits for RNP 0.30 capability could result in the RNAV (GNSS) approach being discontinued. The specific penalties for breaches are not detailed in the provided text, but generally, non-compliance with civil aviation regulations can result in significant fines, operational restrictions, or even criminal charges in severe cases. The instrument also notes the expiry and renewal of a previous instrument, CASA 369/05, which expired at the end of July 2008, and is replaced by this updated version with revised instructions for Virgin Blue's specified aircraft. The new instrument is subject to the same legislative scrutiny and is required to be tabled and can be disallowed in Parliament. The consultation process under the Legislative Instruments Act 2003 was not undertaken in this instance, as the aircraft are already capable of meeting the RNAV (GNSS) RNP 0.30 requirements, and the instrument aligns with ICAO standards. This legislation ensures that Virgin Blue and other operators can safely implement RNAV (GNSS) approaches with RNP-capable aircraft, enhancing operational safety and efficiency across the Australian aviation landscape.

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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.