Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B737-800 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 84/09 approved B737-800 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 expired. In the meantime 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 28 February 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 61/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for safety standards and procedures in air navigation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and in relation to the safety of air navigation. The problem or gap addressed by this particular instrument relates to the implementation of new performance-based navigation specifications issued by the International Civil Aviation Organization (ICAO), which replace older RNAV (GNSS) approach specifications. The instrument updates the navigation procedures for Qantas B737-800 aircraft equipped with computerised flight management systems, enabling them to conduct Required Navigation Performance Approach (RNP APCH) procedures, specifically RNP APCH LNAV and RNP APCH LNAV/VNAV. This update is necessary to ensure that Qantas can continue to operate these aircraft in accordance with the latest international standards, thereby maintaining the high level of safety required in air navigation. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 7(1) of the Civil Aviation Regulations 1988.
Scope and Application
The Civil Aviation Regulations 1988 Instructions, specifically Instrument CASA 61/11, relate to the operation of Qantas Airways Limited's B737-800 aircraft that are equipped with computerised flight management systems (FMS) for conducting Required Navigation Performance Approach procedures, namely RNP APCH LNAV and RNP APCH LNAV/VNAV. These procedures are in accordance with the new specifications issued by the International Civil Aviation Organization (ICAO), replacing the previous RNAV (GNSS) approach specifications. The instructions are applicable to the specified aircraft and the operator, Qantas Airways Limited, and they outline the conditions and procedures to be adhered to during these advanced navigation approaches. The instrument has been made under the authority granted by subregulation 7(1) of the Civil Aviation Regulations 1988 and is subject to the Legislative Instruments Act 2003, which mandates that it be tabled and may be subject to disallowance by the Parliament. The instrument is an update of a previous instruction and applies only to aircraft that meet the required navigation performance standards as endorsed by their manufacturer. It is effective from the day after registration and ceases to have effect at the end of 28 February 2013.
Key Provisions
The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) instructions (CASA 61/11) govern the procedures for RNP APCH LNAV and RNP APCH LNAV/VNAV operations on Qantas B737-800 aircraft. These instructions, under subregulation 179A(1) of the CAR 1988, mandate specific methods for navigation and obtaining positive position fixes during Instrument Flight Rules (IFR) flights. The new procedures replace the older RNAV (GNSS) approach specifications with the newer RNP APCH specifications, which provide lateral navigation to a minimum descent altitude (RNP APCH LNAV) and lateral and vertical navigation to a decision altitude (RNP APCH LNAV/VNAV). These instructions outline the conditions and procedures that the operator, Qantas Airways Limited, and the specified aircraft must satisfy and follow during these approaches.
The obligations imposed by these instructions on Qantas include ensuring that the B737-800 aircraft are equipped with the necessary computerised flight management systems (FMS) that meet the RNP APCH specifications. Qantas must also ensure that their pilots are adequately trained and familiar with the new procedures, and that all relevant documentation and endorsements from the aircraft manufacturer are in place. Additionally, the operator must comply with all specified operational procedures to ensure the safe execution of these approaches.
The consequences of non-compliance with these instructions are significant. Under the Legislative Instruments Act 2003, these instructions are considered a legislative instrument and are subject to tabling and disallowance in the Parliament. Failure to adhere to the specified procedures could result in operational safety issues, potentially leading to serious incidents or accidents. While the specific penalties for non-compliance are not detailed in the explanatory statement, non-compliance with civil aviation regulations can generally lead to enforcement actions, fines, or other regulatory penalties. The severity of these penalties would depend on the specific circumstances and the impact of the non-compliance on aviation safety.