CASA 81/16 - Instructions — GNSS primary means navigation (A330, B737NG and E190 aircraft)

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to establish a comprehensive regulatory framework for ensuring the safety and efficiency of civil aviation in Australia. One aspect of this regulation involves the issuance of instructions related to Instrument Flight Rules (IFR), specifically concerning the methods for aircraft navigation and the acquisition of positive position fixes. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those related to air navigation safety. This regulatory framework addresses the need for clear and precise guidelines to ensure that aircraft can safely navigate using advanced technologies, such as Global Navigation Satellite Systems (GNSS). The problem it was introduced to address includes ensuring that aircraft can perform non-precision approaches using their advanced navigation systems, thereby enhancing operational efficiency and safety. The Civil Aviation Safety Authority (CASA) issues these instructions under the authority granted by the Civil Aviation Act 1988, with the overarching policy objective being to maintain the highest standards of aviation safety.

Scope and Application

The Civil Aviation Regulations 1988 Instructions — GNSS Primary Means Navigation (A330, B737NG and E190 Aircraft) govern the use of Global Navigation Satellite System (GNSS) for primary means navigation under Instrument Flight Rules (IFR) for specific aircraft types operated by Virgin Australia Airlines Pty Ltd. This regulation applies to Airbus A330, Boeing 737NG, and Embraer E190 aircraft that meet certain navigation performance criteria, enabling them to execute non-precision approaches using their onboard RNP capabilities without relying on ground-based navigation aids. The instructions, which replace the previous CASA 186/13 instrument, include requirements for GNSS availability prediction, mandatory navigation equipment, use of an approved navigation database, pre-flight checks, in-flight procedures, and flight crew training. These instructions are issued under the authority of section 98 of the Civil Aviation Act 1988 and subregulation 179A(1) of the Civil Aviation Regulations 1988. The instrument is a legislative instrument under the Acts Interpretation Act 1901 and is subject to disallowance in the Parliament. It is applicable within the Commonwealth of Australia and comes into effect on 1 August 2016, expiring at the end of 31 July 2019. The instrument does not extend to other operators or aircraft types, nor does it specify any exclusions or exemptions beyond the parameters of its application.

Key Provisions

The Civil Aviation Regulations 1988, under section 98, empower the Governor-General to make regulations relating to the safety of air navigation. Specifically, subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (I.F.R.), including the methods for aircraft navigation and obtaining a positive position fix. The current instructions, CASA 81/16, permit the use of the Global Navigation Satellite System (GNSS) as the primary means of navigation under I.F.R., particularly for non-precision approaches using the Required Navigation Performance (RNP) capabilities of modern aircraft such as the Airbus A330, Boeing 737NG, and Embraer E190 operated by Virgin Australia Airlines Pty Ltd. These instructions impose several obligations on the operator and the aircraft involved. The operator must obtain a prediction of GNSS availability for the proposed operation, ensure the aircraft is equipped with the minimum necessary navigation equipment, and use an approved navigation database. Additionally, pre-flight checks and in-flight procedures are mandated, along with specific flight crew training requirements to ensure compliance with the I.F.R. instructions. The operator must also adhere to the defined terms and conditions that take into account the technological differences between the specified aircraft types. Breaching the provisions of these instructions can result in various consequences. Under the Legislative Instruments Act 2003, the instructions are considered a legislative instrument and can be subject to disallowance by Parliament. Non-compliance with these I.F.R. instructions can also lead to civil or criminal penalties as stipulated by the Civil Aviation Act 1988, although specific penalties are not detailed within this instrument. The overarching objective is to maintain the highest safety standards in air navigation, ensuring that operations are conducted within the specified regulatory framework. The legislative instrument, CASA 81/16, was made by a delegate of CASA under the power of delegation specified in subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. It came into effect on 1 August 2016 and will be repealed by 31 July 2019. A Statement of Compatibility with Human Rights, attached as Attachment 1, confirms that the instrument does not engage any of the rights or freedoms recognised in the Human Rights (Parliamentary Scrutiny) Act 2011, thereby ensuring its compatibility with human rights.