CASA EX212/15 Exemption — temporary relief from requirement to carry serviceable ADS-B transmitting equipment and GNSS equipment – Solomon Airlines (Cth)

Instrument number CASA EX212/15

I, PETER BEILBY CROMARTY, Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P.B. Cromarty]

Peter Cromarty
Executive Manager
Airspace and Aerodrome Regulation Division

9 December 2015

Exemption — temporary relief from requirement to carry serviceable ADS‑B transmitting equipment and GNSS equipment – Solomon Airlines

1          Duration

This instrument:

(a)   commences on 12 December 2015; and

(b)   expires at the end of February 2016, as if it had been repealed by another instrument.

2          Definitions

In this instrument:

the aircraft means the Airbus A320‑211 aircraft with nationality and registration marks H4-BUS.

ADS-B means automatic dependent surveillance – broadcast.

ATS Route, followed by a letter and numbers, means a flight path labelled with the letter and numbers whose waypoints are set out for the Route in the DAH that is in effect from time to time.

Note   For example “ATS Route B598”, which is comprised of several waypoints.

Australian‑administered airspace means:

(a)   the airspace over Australian territory; and

(b)   airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility.

CAO means Civil Aviation Order.

DAH means the Designated Airspace Handbook published twice-yearly by Airservices Australia.

exempted airspace means the Australian-administered airspace, at or above FL 290, described in paragraphs (a), (b) and (c), but EXCLUDING the airspace, at or above FL 290, described in paragraph (d):

(a)   airspace within the area of Australian east coast SSR coverage, whose lateral limits are set out in Schedule 1; and

Note   For general guidance only, the east coast SSR area is depicted in the J-curve shape coloured blue in Attachment 1 to Schedule 1, and known as the ADS-B Mandate Radar Coverage Map.

(b)   airspace beyond the limits of the territorial sea; and

(c)   airspace over an external territory or Lord Howe Island, or over the territorial sea of an external territory or Lord Howe Island; and

(d)   airspace that is the following:

Note   For general guidance only, EXCLUDED areas and exempted areas are depicted on the map in Attachment 2 to Schedule 1. Thus, the pink continental and pink sea areas are excluded from the scope of the exemption. The turquoise J-curve area, and the green oceanic area are within the scope of the exemption. (The light blue archipelago areas are outside Australian Administered Airspace.)

(i)  airspace inside the territory of Australia and within its territorial sea, other than the airspace mentioned in paragraph (a);

(ii)  the airspace:

(A)    of ATS Route B598; and

(B)    over the sea and any islands lying south of ATS Route B598;

Note   For general guidance only, this excluded area is part of the area known geographically as the Gulf of Carpentaria.

(iii)  the airspace:

(A)    of ATS Route H20; and

(B)    over the sea and any islands lying between ATS Route H20 and the eastern boundary of the Australian east coast SSR coverage area;

Note   For general guidance only, this excluded area is part of the area known geographically as Bass Strait.

(iv)  the airspace:

(A)    of ATS Route L513 west of waypoint HB (part ATS Route L513); and

(B)    over the sea and any islands lying north of part ATS Route L513;

Note   For general guidance only, this excluded area is part of the area known geographically as the Great Australian Bight.

(v)  the airspace:

(A)    of ATS Route Q27; and

(B)    over the sea and any islands lying north of ATS Route Q27.

Note   For general guidance only, this excluded area is part of the area known geographically as the Great Australian Bight.

FL means flight level.

GNSS has the meaning given by paragraph 9B.2 of CAO 20.18.

operator means Solomon Airlines Limited, Aviation Reference Number 805043.

SSR means secondary surveillance radar.

territorial sea has the same meaning as in the Acts Interpretation Act 1901.

Note   The Acts Interpretation Act 1901 adopts the definition in the Seas and Submerged Lands Act 1973 which is based on the definition in Articles 3 and 4 of the United Nations Convention on the Law of the Sea. For general guidance only, the territorial sea extends for 12 nautical miles from the officially recognised coastal low-water line.

waypoint means a specified geographical location used in an ATS Route to define the flight path of an aircraft using area navigation.

3          Application

This instrument applies to the operator in relation to the operation of the aircraft under the I.F.R.

Note   The maps of exempted airspace in Attachments 1 and 2 in Schedule 1 are merely to provide a general pictorial indication of exempted airspace (and non-exempted airspace).

4          Exemptions

(1)     The operator is exempt from the requirements in:

(a)   clause 7 in Appendix 4 of CAO 82.5 when the aircraft is in exempted airspace; and

(b)   paragraph 9D.5 of CAO 20.18.

Note   These exemptions do not mean that appropriate air traffic control (ATC) clearance is automatic or guaranteed. ATC makes clearance decisions subject to prevailing air traffic and operational conditions at the time of the flight.

5          Conditions

The exemptions are subject to the conditions set out in Schedule 2.

Schedule 1          East coast secondary surveillance radar coverage area

LATERAL LIMITS: 37 49 33S 136 26 05E,

then along the major arc of a circle of 200.0NM radius centred on

34 56 49S 138 31 28E (AD/DME) to 32 01 59S 140 28 20E

33 48 37S 144 31 36E, 31 56 12S 147 44 07E

27 58 27S 149 04 03E, 18 35 49S 142 45 54E,

then along the minor arc of a circle of 200.0NM radius centred on

16 51 01S 145 44 38E (CS/DME) to 15 03 37S 148 40 04E

25 25 47S 156 09 57E,

then along the minor arc of a circle of 200.0NM radius centred on

27 21 57S 153 08 21E (BN/DME) to 28 07 25S 156 47 55E

34 44 32S 155 05 22E,

then along the minor arc of a circle of 200.0NM radius centred on

33 56 34S 151 10 51E (SY/DME) to 36 33 48S 153 42 11E

40 20 43S 147 22 52E, 40 39 27S 147 11 54E

42 45 31S 147 57 48E,

then along the minor arc of a circle of 20.0NM radius centred on

42 50 50S 147 31 36E (HB/DME) to 43 00 15S 147 07 35E

40 55 56S 145 40 52E,

then along the minor arc of a circle of 200.0NM radius centred on

37 39 36S 144 50 31E (ML/DME) to 40 38 32S 142 55 11E

37 49 33S 136 26 05E.

Attachment 1 to Schedule 1        ADS-B Mandate Radar Coverage Map

Attachment 2 to Schedule 1        Exempted areas (turquoise J curve and green); and non-exempted areas (both lighter and darker pink)

Schedule 2          Conditions

1. The aircraft’s navigation database that is used for radio updating must be current.

2     The flight plan for each operation must include the following details at item 18 of the plan: RMK/CASA ADSB EXEMPT GNSS EXEMPT.

Note 1   If those details are not included in the flight plan, the Airservices Australia automation systems will reject them.

Note 2   At the discretion of ATC, the aircraft may be required to operate under less than optimum conditions to facilitate the operation of other compliant aircraft.