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]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing civil aviation in Australia. It was introduced to address the need for a cohesive set of regulations that ensure the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations relating to air navigation safety, as seen in the creation of the Civil Aviation Regulations 1988. These regulations provide detailed rules and procedures for various aspects of civil aviation operations, including the use of the Global Navigation Satellite System (GNSS) by airlines like Qantas Airways Limited. The policy objective behind these regulations is to maintain the highest standards of safety in air navigation, which is critical given the complexities and risks associated with modern aviation technologies. The Civil Aviation Regulations 1988 were developed under the authority of the Civil Aviation Act 1988 and are managed by the Civil Aviation Safety Authority (CASA), which is responsible for ensuring compliance with safety standards and issuing specific instructions as necessary.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 (CAR 1988) govern the use of global navigation satellite systems (GNSS) by Qantas Airways Limited, specifically in relation to Instrument Flight Rules (IFR) flights. Subregulation 179A(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions for the use of GNSS by Qantas, detailing the navigation methods and equipment required for positive position fixes. These instructions, such as CASA 112/03, specify the procedures for using GPS for non-precision approaches and the necessary navigational equipment. Notably, Qantas, which operates larger aircraft with flight management systems (FMS) that use GPS to update navigation data, is subject to these regulations. The instructions issued to Qantas are tailored to the specific equipment and operational procedures of its FMS-equipped Boeing 737-700 and Boeing 737-800 aircraft. The instructions were developed following a trial conducted by Qantas in 2003-2004, which CASA reviewed and approved. The regulatory framework also accommodates international standards by aligning with the International Civil Aviation Organization (ICAO)’s new instrument approach and landing chart (IAL) naming convention, as reflected in the re-titled RNAV(GNSS) procedures. The instructions remain in effect unless Qantas' Air Operators’ Certificate is not reissued or is varied in a manner inconsistent with the instructions.
Key Provisions
The primary operative section relevant to the use of the Global Navigation Satellite System (GNSS) by Qantas Airways Limited is subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988). This subregulation allows the Civil Aviation Safety Authority (CASA) to issue instructions specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained for Instrument Flight Rules (I.F.R.) flights. Specifically, CASA has issued Instrument CASA 112/03 to provide Qantas with instructions on using GPS for non-precision approach procedures and to detail the required navigational equipment to be installed on the aircraft.
The Act imposes several obligations on Qantas Airways Limited concerning the use of GNSS. Qantas must adhere to the procedures outlined in the specific CASA instrument (CASA 112/03) for conducting GPS non-precision approaches. This involves using only aircraft equipped with the prescribed flight management systems (FMS) and adhering to the specific approach procedures as directed. Additionally, Qantas is required to report trial data to CASA as stipulated in the instrument. Failure to comply with these obligations could result in serious safety implications and potential regulatory consequences.
There are specific consequences for non-compliance with the regulations set out in CASA 570/04. The instructions are designed to ensure the safety and efficiency of GPS non-precision approach procedures. If Qantas does not comply with the specified procedures or fails to maintain the required navigational equipment, it risks breaching the Civil Aviation Regulations 1988. Such breaches could lead to CASA taking enforcement actions, which may include fines or other penalties. The precise penalties for non-compliance would be determined by the severity and nature of the breach, but they could potentially include significant financial penalties and operational restrictions on Qantas's use of GNSS for non-precision approaches.