CASA 82/16 - Instructions — GNSS primary means navigation (B737NG and B777–300ER aircraft)

Overview

The Civil Aviation Regulations 1988, as amended, include instructions for the use of Global Navigation Satellite System (GNSS) as a primary means of navigation for specific aircraft under Instrument Flight Rules (I.F.R.). Enacted by the Parliament of Australia, the Civil Aviation Act 1988 empowers the Governor-General to create regulations ensuring air navigation safety. The Civil Aviation Regulations 1988 subsequently allow the Civil Aviation Safety Authority (CASA) to issue instructions concerning I.F.R., including the use of GNSS technology. The renewal of these instructions, as seen in the legislative instrument CASA 82/16, aims to continue allowing Virgin Australia International Airlines Pty Ltd to operate its Boeing 737NG and Boeing 777-300ER aircraft using their RNP capabilities for non-precision approaches. This renewal maintains the safety standards and procedures established to ensure the safe and efficient use of GNSS in air navigation, addressing the gap in regulatory frameworks to accommodate advanced navigation technologies.

Scope and Application

The Civil Aviation Regulations 1988 Instructions — GNSS primary means navigation (B737NG and B777–300ER aircraft) apply specifically to Virgin Australia International Airlines Pty Ltd and its Boeing 737 Next Generation (737NG) and Boeing 777–300ER aircraft. These instructions are designed to permit the use of Global Navigation Satellite System (GNSS) for primary means navigation under Instrument Flight Rules (I.F.R.). This legislative instrument is an extension of subregulation 179A(1) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning I.F.R. and navigation methods. The instructions cover the necessary procedures and requirements for conducting non-precision approaches using the aircraft’s Required Navigation Performance (RNP) capabilities, including pre-flight checks, flight procedures, and flight crew training. The instrument is a legislative instrument under the Acts Interpretation Act 1901 and is subject to disallowance in Parliament. It has been made by a delegate of CASA under the power of delegation and commenced on 1 August 2016, expiring on 31 July 2019. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislation (CASA 82/16) pertain to the renewal of instructions for the use of Global Navigation Satellite System (GNSS) as a primary means of navigation for Boeing 737NG and Boeing 777-300ER aircraft operated by Virgin Australia International Airlines Pty Ltd under Instrument Flight Rules (IFR). The instructions (section 98 of the Civil Aviation Act 1988) are designed to allow these aircraft to fly non-precision approaches using their Required Navigation Performance (RNP) capabilities, which is a sophisticated method of navigation that doesn't require ground-based navigation aids. The instrument, which renews the previously issued CASA 187/13, sets out detailed requirements and procedures for conducting these non-precision approaches, including obtaining GNSS availability predictions, ensuring the minimum required navigation equipment is used, and adhering to specific pre-flight and in-flight checks (subregulation 179A(1) of the Civil Aviation Regulations 1988). The obligations imposed by the Act on the parties involved are comprehensive and focus on ensuring safety and compliance with the specified procedures. Virgin Australia International Airlines Pty Ltd must ensure that its Boeing 737NG and Boeing 777-300ER aircraft are equipped with the necessary technology and navigation systems that meet the RNP requirements. This includes maintaining and regularly checking the aircraft's navigation equipment and ensuring that the flight crew are adequately trained in the use of these systems. The operator must also adhere to the detailed procedures outlined in the instrument for pre-flight checks, in-flight operations, and the use of approved navigation databases (subregulation 179A(1) of CAR 1988). Breach of the instructions contained in CASA 82/16 could result in significant consequences. Under the Acts Interpretation Act 2003, the instrument is a disallowable instrument, meaning it is subject to potential disallowance in the Parliament (section 46A of the Acts Interpretation Act 1901). The potential penalties for non-compliance are not explicitly stated in the instrument, but failure to adhere to the stringent navigation procedures could lead to safety violations, which could result in enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions might include fines, suspension of operational approvals, or other regulatory sanctions aimed at ensuring compliance and maintaining the high safety standards required in aviation operations.