CASA 442/11 - Instructions and exemption - B767-300 RNAV (RNP-AR) approaches

Overview

The Civil Aviation Regulations 1988, amended by F2011L02376, were enacted to enable a controlled, Australia-wide trial by Qantas Airways Limited of certain Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach procedures (RNAV (RNP-AR) IAP). This trial aims to assess the safety and efficacy of these sophisticated, computer-assisted area navigation operations, which require specific performance criteria and CASA authorisation. The use of RNAV (RNP-AR) IAP is intended to improve navigation accuracy and obstacle avoidance in instrument meteorological conditions (IMC) under Instrument Flight Rules (IFR), thus significantly reducing the risk of controlled flight into terrain (CFIT) accidents, particularly during complex, non-precision approaches. The trial, which is subject to stringent conditions and exemptions, will be overseen by CASA and is designed to align with international safety standards already validated by the Federal Aviation Administration of the United States and Transport Canada.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2011L02376, pertain specifically to the implementation of a trial by Qantas Airways Limited of advanced Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach procedures (RNAV (RNP-AR) IAP) in Australia. This trial is designed to evaluate the safety and efficacy of these sophisticated, computer-assisted navigation operations under instrument meteorological conditions (IMC) in accordance with Instrument Flight Rules (IFR). The trial is limited to operations conducted by Qantas and must adhere to the specific conditions outlined in Schedule 3 of the instrument. This includes the use of specially trained pilots, adherence to operational protocols as proposed by Qantas, and compliance with minimum height restrictions as well as the specific RNP type specified in the aircraft's flight manual. The instrument also mandates that CASA be granted access to observe certain flights and training sessions, and requires Qantas to provide CASA with operational reports and to promptly report any safety-related incidents. Furthermore, the instrument exempts Qantas from the requirement to publish the IAP used during the trial, a necessity to align with the exemption criteria set forth in the Civil Aviation Regulations. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and is effective from the day after registration until the end of September 2014.

Key Provisions

The primary operative sections of the instrument concern the trial of RNAV (RNP-AR) instrument approach procedures (IAP) by Qantas Airways Limited (Qantas) in Australia, which is authorized under subregulation 173.055(1) of the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the safety of air navigation, and this instrument is an expression of that authority. Subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, which is used here to specify the method by which Qantas may navigate using these advanced RNAV (RNP-AR) IAP during the trial. The obligations imposed on the parties governed by this Act include stringent safety measures. For instance, the trial can only be conducted by specially trained pilots who are approved by CASA, as per subregulation 173.055(1) of the Civil Aviation Safety Regulations 1998. Qantas must adhere to the Qantas proposal and ensure that all operations comply with the conditions outlined in Schedule 3 of the instrument. The RNAV (RNP-AR) IAP must be used in accordance with the aircraft flight manual, and approaches may not be conducted below certain defined heights. CASA is also granted the right to attend and observe certain flights and training sessions. Qantas is required to provide CASA with certain operational reports and must immediately report any safety-related incidents that occur during the trial. The instrument also outlines specific offences and penalties for breaches of its provisions. Although the instrument does not specify exact penalties, breaches of the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 can result in substantial civil and criminal penalties. These could include fines, imprisonment, or both, depending on the severity of the breach. For instance, under section 11 of the Civil Aviation Act 1988, a person who commits an offence against the Act may be liable to a fine of up to 120,000 penalty units or imprisonment for up to 10 years, or both, for a serious offence. Additionally, CASA has the authority to take enforcement action, including issuing directives, imposing fines, or grounding aircraft, to ensure compliance with the regulations. The instrument also exempts Qantas from the requirement to publish the RNAV (RNP-AR) IAP used in the trial, which would otherwise be mandated by subparagraph (a)(ii) of the definition of authorized instrument approach procedure in subregulation 178(7) of the Civil Aviation Regulations 1988. This exemption is necessary to ensure that the trial is conducted in accordance with the requirements of the lowest safe altitude (LSALT) exemption provided by paragraph 178(4)(c) of CAR 1988. The instrument also stipulates that it is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the Legislative Instruments Act has not been undertaken in this instance, the instrument is substantially similar to previous instruments issued to operators, including one issued to Qantas for IAP for its B737-800 aircraft.