Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas A330 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 573/09 approved 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 to be replaced because 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 February 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 73/11]
Overview
The Civil Aviation Regulations 1988 were updated with the introduction of F2011L00406, an instrument issued in 2011 by the Civil Aviation Safety Authority (CASA) to address the need for compliance with new International Civil Aviation Organization (ICAO) specifications for required navigation performance approach (RNP APCH) procedures. This update was necessitated by the need to replace existing RNAV (GNSS) approach specifications with new RNP APCH procedures that provide enhanced lateral and vertical navigation capabilities, specifically RNP APCH LNAV and RNP APCH LNAV/VNAV. The Civil Aviation Act 1988 empowers the Governor-General to make regulations regarding air navigation safety, and under this authority, CASA issued these instructions to ensure that Qantas Airways Limited's A330 aircraft, equipped with computerised flight management systems, can safely conduct the specified approach procedures. The instrument details the conditions and procedures that must be adhered to during these approaches, ensuring alignment with international standards and enhancing safety in instrument flight rules operations.
Scope and Application
The Civil Aviation Regulations 1988 Instructions RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas A330 aircraft pertains specifically to Qantas Airways Limited and its A330 aircraft that are equipped with computerised flight management systems (FMS) and have been endorsed by the manufacturer to meet the required navigation performance standards. These instructions are designed to update and replace the previous specifications for RNAV (GNSS) approach procedures with the new RNP APCH procedures, which are established by the International Civil Aviation Organization (ICAO). The regulations apply to the conduct of area navigation instrument approach procedures, providing both lateral navigation down to a minimum descent altitude (RNP APCH LNAV) and lateral and vertical navigation down to a decision altitude (RNP APCH LNAV/VNAV). The instructions are a legislative instrument subject to the Legislative Instruments Act 2003 and are effective until the end of February 2013, when they will cease to have effect. The instrument has been authorised by a delegate of the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Regulations 1988, under section 98, empower the Governor-General to enact regulations pertaining to the safety of air navigation. Subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, specifying the methods of navigation and obtaining a positive position fix. This particular instrument CASA 573/09 pertains to the approval of aircraft operated by Qantas Airways Limited, specifically those equipped with computerised flight management systems (FMS), to conduct RNAV (GNSS) approach procedures based on their Required Navigation Performance (RNP) capability. Given the introduction of new performance-based navigation specifications by the International Civil Aviation Organization (ICAO), this instrument replaces the previous RNAV (GNSS) approach specifications and adopts the new RNP APCH procedures. These include 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).
The instrument imposes several obligations and requirements on the operator and the specified aircraft. It mandates that the operator ensure that the aircraft meet the new RNP APCH standards and follow the procedures outlined in the instrument. This includes adherence to the new specifications for RNP APCH LNAV and RNP APCH LNAV/VNAV. The aircraft must be equipped with the necessary FMS and endorsed by the manufacturer to meet the required standards. The operator must also ensure that the crew is adequately trained to handle these new navigation procedures. Furthermore, the instrument specifies the conditions under which the RNP APCH LNAV or RNP APCH LNAV/VNAV procedures can be executed, ensuring that the safety and reliability of the approach and landing operations are maintained.
In terms of compliance and enforcement, subregulation 179A(3A) of CAR 1988 declares the instrument to be a disallowable instrument, which means it is subject to disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). The instrument is also a legislative instrument under subparagraph 6(d)(i) of the LIA, requiring it to be tabled and potentially disallowed in Parliament. While consultation under section 17 of the LIA was not undertaken in this specific case, similar instruments would typically be issued to any operator whose aircraft meet the required navigation performance standards and are endorsed by their manufacturer. Failure to comply with the instrument’s requirements can result in regulatory action, including potential penalties and sanctions. The instrument comes into effect on the day after it is registered and ceases to have effect at the end of February 2013. The instrument has been authorised by a delegate of CASA under subregulation 7(1) of CAR 1988.