Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B747-400 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.
Instrument CASA 577/09 approved B747-400 aircraft equipped with computerised flight management systems (FMS) operated by Qantas Airways Limited (the operator), to conduct RNAV (GNSS) approach procedures on the basis of their RNP capability. The instrument has to be replaced because 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 it is registered and stops having effect at the end of 31 January 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 494/10]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for the safety and efficiency of civil aviation within Australia. The problem this legislation aimed to address included ensuring that all civil aviation activities met stringent safety standards and were in compliance with international protocols. The Civil Aviation Regulations 1988 were enacted by the Australian Government to establish a robust regulatory environment governing all aspects of civil aviation operations, ensuring safety and compliance with international standards. The policy objective of these regulations is to safeguard the public by maintaining high standards of air navigation safety and efficiency.
A significant update to these regulations was introduced through Instrument CASA 494/10, which outlines specific conditions and procedures for Qantas B747-400 aircraft equipped with computerised flight management systems to conduct Required Navigation Performance Approach (RNP APCH) procedures. These procedures include lateral navigation to a minimum descent altitude (RNP APCH LNAV) and lateral and vertical navigation to a decision altitude (RNP APCH LNAV/VNAV), replacing the previous RNAV (GNSS) approach specifications in alignment with new International Civil Aviation Organization standards. This legislative update ensures that Qantas can continue to operate with advanced navigational capabilities while adhering to the latest safety standards. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, amended by Instrument CASA 494/10, apply specifically to Qantas Airways Limited as the operator of Boeing 747-400 aircraft equipped with specific computerised flight management systems. These regulations pertain to the conduct of RNP APCH LNAV and RNP APCH LNAV/VNAV procedures, replacing the previous RNAV (GNSS) approach specifications. The regulations mandate the conditions and procedures necessary for these aircraft to perform area navigation instrument approaches that provide lateral navigation down to a minimum descent altitude (RNP APCH LNAV) and both lateral and vertical navigation down to a decision altitude (RNP APCH LNAV/VNAV). The instrument also designates these instructions as a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. The instrument comes into effect on the day after its registration and ceases to have effect at the end of 31 January 2013.
Key Provisions
The Civil Aviation Regulations 1988, as updated by Instrument CASA 494/10, provide specific instructions for Qantas B747-400 aircraft equipped with certain flight management systems (FMS) to conduct Required Navigation Performance Approach (RNP APCH) procedures. These procedures include lateral navigation to a minimum descent altitude (RNP APCH LNAV) and lateral and vertical navigation to a decision altitude (RNP APCH LNAV/VNAV). This update replaces the previous RNAV (GNSS) approach specifications in line with new performance-based navigation specifications issued by the International Civil Aviation Organization (ICAO). These updated procedures ensure that Qantas B747-400 aircraft can continue to operate under Instrument Flight Rules (I.F.R.) with enhanced precision and safety.
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations related to the safety of air navigation, and subregulation 179A(1) of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue instructions regarding I.F.R. flights, including the navigation methods and positive position fix requirements. Instrument CASA 577/09 was previously issued to allow Qantas B747-400 aircraft to conduct RNAV (GNSS) approach procedures based on their RNP capabilities. However, given the new ICAO specifications, Instrument CASA 494/10 has been issued to replace the outdated RNAV (GNSS) approach procedures with the updated RNP APCH procedures. The specified aircraft must comply with these new conditions and procedures as outlined in the instrument to ensure continued safe operations under I.F.R.
The obligations imposed by Instrument CASA 494/10 on Qantas Airways Limited and the specified B747-400 aircraft include meeting the new RNP APCH conditions and procedures during I.F.R. flights. Qantas must ensure that their B747-400 aircraft are equipped with the necessary FMS that meet the updated performance standards as per the ICAO specifications. The operator is also responsible for ensuring that all pilots operating the specified aircraft are adequately trained and certified to conduct the new RNP APCH procedures. Additionally, Qantas must ensure that all necessary documentation and endorsements from the aircraft manufacturer are in place to support compliance with the new approach procedures.
Failure to comply with the provisions of Instrument CASA 494/10 could result in safety risks during I.F.R. flights, potentially leading to severe consequences, including accidents or incidents. While the instrument does not explicitly state penalties for non-compliance, it is subject to the general provisions of the Civil Aviation Act 1988 and associated regulations, which may include fines, suspension of operations, or other enforcement actions by CASA. The updated RNP APCH procedures are critical to maintaining the safety of air navigation and ensuring that Qantas B747-400 aircraft can operate with the necessary precision and reliability under I.F.R.