EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATION 179A (1)
INSTRUCTIONS FOR USE OF THE GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS) BY QANTAS AIRWAYS LIMITED
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations (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.
Under subregulation 179A (3A) of CAR 1988, an instruction issued under subregulation 179A (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Instrument CASA 112/03, issued under subregulation 179A (1), provides instructions as to how a pilot in command of an aircraft operating under the I.F.R. may use the Global Positioning System (GPS). Among other things, the instrument details the procedures for using GPS for carrying out non‑precision approach procedures. The instrument also specifies the navigational equipment that must be installed on the aircraft.
Aircraft operated by larger airlines have flight management systems (FMS) that differ from the equipment specified in CASA 112/03. They use GPS to update navigation data provided by multiple inertial reference systems (IRS) employing self‑contained laser guided gyroscopes.
Beginning in November 2003, Qantas Airways Limited (Qantas) conducted a trial of GPS non-precision approaches using certain of its FMS-equipped Boeing 737-700 and Boeing 737-800 aircraft. The procedures and conditions of the trial (Instructions) were specified by CASA (CASA 411/04). Only aircraft with the FMS equipment prescribed by the Instructions could participate, specific approach procedures were to be followed and the airline was required to report trial data to CASA.
Following a safety audit of the trial in November 2004, CASA was satisfied that Qantas could conduct GPS non-precision approaches in FMS-equipped Boeing 737-700 and Boeing 737-800 aircraft using the specified procedures.
The instrument, therefore, revokes CASA 411/04 on which the trial was based and remakes it in modified form. The instrument provides Qantas with procedures, based on the trial procedures, for the on-going conduct of GPS non-precision approaches.
During the trial, the International Civil Aviation Organization (ICAO) published a new instrument approach and landing chart (IAL) naming convention (ICAO Document 8168 referred to as PAN-OPS). It is Australian aviation policy that instrument flight procedures should conform to ICAO PAN-OPS rules. On 25 November 2004, therefore, the titles on Australian IALs changed to conform to the new ICAO convention.
This change has the effect that the current GPS non-precision approach procedures have been re-titled RNAV(GNSS). GNSS is the Global Navigation Satellite System, of which the US GPS is only one example. RNAV stands for Area Navigation. The only RNAV approach procedure currently available in Australia uses GPS. However, other systems may soon be available. RNAV(GNSS) is the ICAO generic term for these systems.
The modifications made to the new Instructions to Qantas reflect these changes of nomenclature.
The instructions take effect on gazettal. They would stop having effect if a Qantas Air Operators’ Certificate (AOC) is not reissued when it expires. They would also stop having effect if the AOC is reissued subject to a condition that is, or if the AOC is varied in a way that is, inconsistent with the application of the instructions to Qantas-operated FMS-equipped Boeing 737-700 and Boeing 737-800 aircraft.
The instructions have been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with regulation 7 of CAR 1988.
[Instrument Number: CASA 570/04]