CASA 577/09 - Instructions - RNAV (GNSS) approaches by Qantas B747-400 aircraft

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Legislation au F2010L00068 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — RNAV (GNSS) approaches by 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 608/08, issued under subregulation 179A (1) of CAR 1988, 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 approaches, now referred to as RNAV (GNSS) procedures. It specifies the navigational equipment that must be installed.

 

However, most modern Australian turbo‑jet airline aircraft are equipped with computerised flight management systems (FMS) that are more sophisticated than the GNSS navigation equipment mentioned in instrument CASA 608/08. Such aircraft use GNSS positioning to update multiple inertial reference systems (IRS) employing self‑contained laser guided gyroscopes. These navigation systems are designed to comply with Required Navigation Performance (RNP) standards setting out minimum accuracy requirements, and the operating procedures and cockpit displays are related to the RNP capability of the aircraft rather than to a specific GNSS receiver used by other less sophisticated aircraft.

 

On 25 November 2004, ICAO amended the criteria for RNP approach procedure design to reduce the obstacle clearance widths for RNP procedures. For aircraft capable of RNP 0.3 accuracy, the new ICAO criteria require a lesser obstacle clearance area than is the case for aircraft using the “basic” GNSS receivers on which current RNAV (GNSS) approach procedures are based. Consequently, all existing RNAV (GNSS) approach procedures can now be flown by aircraft assessed as RNP 0.3 capable.

 

Although equipped with more sophisticated navigation systems, modern airline aircraft are not directly compatible with the relatively simple Australian airworthiness requirements that apply to the use of GNSS by general aviation aircraft. With the change to the ICAO design rules, FMS-equipped aircraft are now approved to conduct RNAV (GNSS) approach procedures on the basis of their RNP capability. Qantas Airways Limited (Qantas) has applied for such approval for its Boeing 747-400 aircraft.

 

The instrument, therefore, contains procedures to allow for the conduct of RNAV (GNSS) approaches by Qantas in Boeing 747-400 aircraft capable of RNP 0.3 performance (the specified aircraft). The RNP capability of an aircraft is specified in the aircraft’s flight manual (AFM) and displayed to the flight crew by the FMS.

 

RNAV (GNSS) approach procedures provide improvements in safety by allowing, for runway‑aligned straight-in approaches, the use of automated flight systems and vertical navigation. This offers a significant safety benefit to those operations.

 

Conditions and procedures

The instrument sets out the conditions to be satisfied by Qantas and its specified aircraft for the approval to apply, and the procedures to be followed, during an RNAV (GNSS) approach.

 

For example, the aircraft FMS must be capable of meeting the RNP 0.3 standard of navigation. Qantas must use with its FMS an approved navigation data base as defined.

 

The flight crew must comply with the vertical limitations published in the chart for the approach. An approach must be discontinued if the RNP 0.3 capability cannot be maintained, if the vertical flight path cannot be maintained above the vertical limitations published in the approach chart or if the cross-track error is 0.2 nautical mile or more.

 

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 similar to other instruments issued to operators. 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 December 2011.

 

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

 

[Instrument number CASA 577/09]

 

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2010L00068, were enacted to address the compatibility of advanced navigation systems in modern turbo-jet airline aircraft with existing airworthiness requirements for GNSS use in general aviation. The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework that allows the Civil Aviation Safety Authority (CASA) to issue such regulations for air navigation safety. This particular instrument was introduced to align with the International Civil Aviation Organization's (ICAO) updated criteria for Required Navigation Performance (RNP) approach procedure design, which now require reduced obstacle clearance widths for aircraft capable of RNP 0.3 accuracy. This legislative instrument enables Qantas to use its Boeing 747-400 aircraft, equipped with sophisticated flight management systems, to perform RNAV (GNSS) approaches by leveraging their RNP 0.3 capability, thereby enhancing operational safety through improved automation and vertical navigation.

Scope and Application

The Civil Aviation Regulations 1988 Instructions — RNAV (GNSS) approaches by Qantas B747-400 aircraft applies specifically to Qantas Airways Limited and its Boeing 747-400 aircraft that are capable of RNP 0.3 performance. This regulation pertains to the conduct of RNAV (GNSS) approach procedures for these aircraft within Australian airspace. The instrument sets out the conditions and procedures that Qantas and its specified aircraft must satisfy to gain approval for conducting these approaches, such as ensuring the aircraft's FMS meets the RNP 0.3 standard and that an approved navigation database is used. The flight crew must also adhere to vertical limitations published in the approach charts and discontinue the approach if the RNP 0.3 capability cannot be maintained or if the vertical flight path or cross-track error limitations are exceeded. The regulation operates under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it is subject to tabling and disallowance in Parliament as a legislative instrument. This instrument does not extend to other aircraft unless they meet the specified RNP 0.3 capability and are endorsed by their manufacturer. The instrument is in effect until the end of 31 December 2011.

Key Provisions

The Civil Aviation Regulations 1988, as amended, provide for the operation of RNAV (GNSS) approaches by Qantas Boeing 747-400 aircraft that are capable of RNP 0.3 performance (sections 98, 179A). These regulations specify the conditions and procedures under which Qantas can conduct these approaches, ensuring that the aircraft's Flight Management System (FMS) meets the required RNP 0.3 standard, and that the flight crew adheres to vertical limitations and other operational constraints as defined in the regulations. The FMS must use an approved navigation database, and the aircraft must maintain the RNP 0.3 capability throughout the approach. If the RNP 0.3 capability cannot be maintained, or if the vertical flight path cannot be kept above the published limitations, the approach must be discontinued. Qantas and the specified aircraft must meet certain conditions for the approval to apply. These include ensuring the FMS meets the RNP 0.3 standard and using an approved navigation database. The flight crew must also comply with the vertical limitations published in the approach chart and be prepared to discontinue the approach if certain conditions are not met. These obligations are designed to ensure that the RNAV (GNSS) approach is conducted safely and in accordance with the specified standards. Breaching the conditions and procedures set out in the Civil Aviation Regulations 1988 can result in serious consequences. The regulations are a legislative instrument and are subject to disallowance in Parliament under the Legislative Instruments Act 2003. Non-compliance with the conditions and procedures for RNAV (GNSS) approaches could potentially result in the approach being discontinued, which could lead to safety issues. While specific penalties are not detailed in the instrument, the serious nature of air navigation safety implies that any breach could result in severe penalties, including fines and potential criminal charges under the Civil Aviation Act 1988. The maximum penalties for such breaches are not explicitly stated in the instrument but are likely to be significant given the critical nature of air navigation safety.

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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.