CASA 516/07 - Instructions - RNAV (RNP-AR) approaches and departures

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Legislation au F2007L04645 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — RNAV (RNP-AR) approaches and departures

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

Under subregulation 178 (1) of the Civil Aviation Regulations (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. Under subregulation 178 (2), if there is no LSALT, the pilot must not fly lower than the LSALT calculated by a method determined by CASA.

However, paragraph 178 (4) (c) of CAR 1988 provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer. Under subregulation 179A (1), 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 when in such flight.

The purpose of the instrument is to enable a controlled, Australia-wide, trial by Jetstar Airways Pty Limited (Jetstar) of certain Area Navigation (Required Navigation Performance‑Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.

Use of RNAV (RNP-AR) can enable accurate navigation and obstacle avoidance in instrument meteorological conditions (I.M.C.) under I.F.R. This can significantly reduce the likelihood of accidents involving controlled flight into terrain (CFIT). CFIT can be more likely in complex, non-precision approaches (NPA) which lack vertical guidance and which impose a high mental work load on the flight crew.

Trial of RNAV (RNP-AR)

Under subregulation 173.055 (1) of the Civil Aviation Safety Regulations 1998, Naverus (a United States-based RNP-AR procedure specialist) is a certified designer of instrument approach and departure procedures using a specialised form of RNAV (RNP-AR).

RNAV (RNP-AR) procedures of the type to be used in the trial have been developed and are in use in the United States and Canada. However, there are as yet no internationally agreed design standards for such procedures.

The design standards to be used in the trial have been subject to the scrutiny of the Federal Aviation Administration of the United States of America and Transport Canada. CASA conducted its own assessment of the procedure design standards used by Naverus before granting it a certificate as a certified designer. CASA is, therefore, satisfied that the proposed IAP and IDP meet or exceed acceptable standards of safety for instrument approach and departure operations.

The instrument enables the trial to take place in controlled circumstances by issuing instructions on how Jetstar Airbus 320-232 aircraft are to be navigated in I.F.R. flight when using RNAV (RNP-AR).

Instructions

The instrument applies to all RNAV (RNP-AR) approaches and departures in I.M.C. under the I.F.R. in Australia. It instructs the pilot in command of an aircraft to use only an authorised RNAV (RNP-AR) IAP or IDP if making an RNAV (RNP-AR) approach or departure. It further instructs that a pilot in command may only use an authorised RNAV (RNP-AR) IAP or IDP for, and in accordance with, the trial. This mechanism is designed for safety purposes to ensure that the Naverus procedures may only be used in the controlled trial by an approved operator. The trial is defined as that described in the Jetstar proposal, accepted by CASA and conducted in accordance with certain conditions.

Conditions

The conditions of the trial include the requirement that only approved and specially trained pilots may be used in specifically capable aircraft. Operations must be in accordance with the Jetstar proposal. Approaches may not be conducted below certain defined heights. Departures must use defined RNP type in accordance with the aircraft flight manual. CASA must be permitted to attend and observe certain flights and training. Jetstar must make certain operational reports available to CASA and immediately report any safety-related incidents.

Approval

Subregulation 5 (1) of CAR 1988 provides that where CASA is authorised to issue directions, it may do so in the form of Civil Aviation Orders. Subregulation 235 (2) of CAR 1988 authorises CASA to issue directions setting out the manner of determining a maximum weight for an aircraft that its gross weight must not exceed at take-off or landing. For aircraft of a maximum take-off weight exceeding 5 700 kg, CASA has issued such directions in the form of Civil Aviation Order 20.7.1B (CAO 20.7.1B).

Subsections 12 and 12A of CAO 20.7.1B provide for methods of meeting take-off obstacle clearance requirements in relation to take-off weight limitations by reference to the definition of the take-off area. Under subparagraph 12.1.1 (b) and paragraph 12A.5, the limitation of the take-off area is redefined for approved RNP operations, in RNP-capable aeroplanes that are approved for area navigation (RNAV) using specified RNP containment values.

Therefore, to enable departures during the RNAV (RNP-AR) trial to continue to take advantage of these RNP-AR‑related obstacle clearance provisions, the instrument also contains:

(a) an approval of Airbus A320-232 aeroplanes for area navigation (RNAV); and

(b) an approval of the trial as an approved RNP operation; and

Exemption

Because what is proposed is a specialised trial only, and because of exemptions and conditions for the Naverus procedure design certificate, Naverus does not publish its IAP and IDP. To ensure that the trial is conducted in accordance with the requirements of the LSALT exemption provided by paragraph 178 (4) (c) of CAR 1988, it is necessary, by means of an exemption, to exclude publication from the definition of IAP and IDP for paragraph 178 (4) (c).

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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 Jetstar to enable the trial in accordance with the Jetstar proposal. A similar instrument would be issued to any other appropriate operator who wished to conduct a similar trial under the same safety conditions.

The instrument commences on the day after it is registered and stops having effect at the end of 31 December 2010.

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

[Instrument number CASA 516/07]

Overview

The Civil Aviation Regulations 1988 were amended in 2007 by the Civil Aviation Amendment (Area Navigation (Required Navigation Performance-Authorisation Required) Approaches and Departures) Instrument 2007 (F2007L04645). This instrument was enacted to address the need for a controlled, Australia-wide trial of Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) by Jetstar Airways Pty Limited, using procedures designed by Naverus Inc. The problem it sought to address was the lack of internationally agreed design standards for RNAV (RNP-AR) procedures and the need to trial these sophisticated, computer-assisted navigation operations to ensure safety and reduce the likelihood of accidents involving controlled flight into terrain (CFIT). The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The policy objective of the instrument is to enable the trial of RNAV (RNP-AR) procedures in a controlled environment, ensuring the highest standards of safety while gathering data to potentially inform future international standards and practices.

Scope and Application

The instrument under the Civil Aviation Regulations 1988 enables a controlled trial by Jetstar Airways Pty Limited of certain Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) designed by Naverus Inc, aiming to enhance safety in instrument meteorological conditions (I.M.C.) by reducing the likelihood of controlled flight into terrain (CFIT). This instrument applies to all RNAV (RNP-AR) approaches and departures in I.M.C. under the Instrument Flight Rules (I.F.R.) in Australia, specifying that pilots must use only authorised RNAV (RNP-AR) IAP or IDP for the trial and ensuring that the procedures are employed in a controlled environment by approved and specially trained pilots in designated aircraft. The trial is tightly regulated, with conditions including height restrictions for approaches, defined RNP types for departures, and requirements for CASA observation and reporting. The instrument also redefines the take-off area limitations for RNAV-capable aircraft during the trial, allowing for continued use of RNP-AR-related obstacle clearance provisions. The instrument, subject to the Legislative Instruments Act 2003, is a disallowable instrument and is in effect from its registration until the end of 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 (the Act) mandates that pilots in command of aircraft must adhere to specified flight altitudes, notably the lowest safe altitude (LSALT) for a segment, unless exempted by an authorised instrument approach procedure (IAP) or departure procedure (IDP) designed by a certified designer. The exemption is outlined in subregulation 178(4)(c) of CAR 1988, and CASA may further specify navigation methods under subregulation 179A(1) of CAR 1988. This regulation aims to trial RNAV (RNP-AR) approaches and departures by Jetstar Airways using procedures designed by Naverus Inc, ensuring safety standards are met. The trial is governed by specific conditions including the use of approved aircraft and pilots, adherence to the Jetstar proposal, height restrictions, and mandatory reporting of incidents to CASA. CASA retains the right to observe certain flights and training sessions. The obligations imposed by this legislation are stringent to ensure safety. Pilots must strictly follow the approved RNAV (RNP-AR) procedures, utilising only those authorised by CASA and designed by Naverus for the trial. Only specially trained pilots may operate the Airbus 320-232 aircraft equipped for the trial. Jetstar is obligated to comply with all stipulated conditions, including the submission of operational reports to CASA and the immediate notification of any safety-related incidents. CASA retains the right to attend and observe certain flights and training sessions to ensure compliance with the trial conditions. Breaches of the conditions set forth in this legislation can lead to significant legal consequences. The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 outline various offences that may result from non-compliance. These can include administrative penalties, revocation of authorisations, and potential criminal charges depending on the severity of the breach. While specific penalties are not detailed in the instrument, they can range from fines to imprisonment, reflecting the gravity of ensuring safe air navigation practices. The Legislative Instruments Act 2003 further mandates that these instructions are subject to disallowance in Parliament, adding a layer of scrutiny to the regulatory framework. In summary, the legislation mandates the use of approved RNAV (RNP-AR) procedures for the Jetstar trial, imposes strict operational and reporting obligations on Jetstar, and sets out severe consequences for non-compliance. The trial is tightly controlled to maintain safety standards, with CASA's oversight ensuring adherence to the stringent conditions.

Area of Law: Administrative Law; Civil Aviation Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Offence Provisions; Enforcement Powers

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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.

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