Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1998

No. 219 1

__________________

Civil Aviation Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 30 June 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

 

MARK VAILE

Minister for Transport and Regional Development

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1.   Commencement

1.1   These Regulations commence on gazettal.

2.   Amendment

2.1   The Civil Aviation Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Subregulation 2 (1):

Insert the following definitions:

“FAAmeans the Federal Aviation Administration of the United States of America.

TSOfollowed by the letter ‘C’ and a number means the Technical Standard Order so numbered issued by the Administrator of the FAA.”.

4.   Regulation 252A (Emergency locator transmitters)

4.1   Subregulation 252A (7) (definition of FAA):

Omit the definition.

4.2   Subregulation 252A (7) (definition of TSO):

Omit the definition.

5.   New Division 5 of Part XIII

5.1   After regulation 262, insert:

“Division 5—Airborne collision avoidance systems

Definitions

 “262AA. In this Division:

ACASmeans an airborne collision avoidance system for an aircraft that, when fitted to it, is used to provide information to a pilot of the aircraft for avoiding a collision with another aircraft.

large-capacity aeroplane means an aeroplane that:

• (a)

  has a maximum take-off weight of more than 15,000 kg; or

• (b)

  is permitted to have a passenger seating capacity of more than 30 seats by:

  • (i)

    its certificate of type approval; or

  • (ii)

    if there is no certificate of type approval in force under regulation 22 or 22A for the type of aircraft concerned—its type certificate.

resolution advisory means information that:

• (a)

  is provided to a pilot of an aircraft by a TCAS II that is fitted to the aircraft; and

• (b)

  is about a manoeuvre for averting a collision with another aircraft that the TCAS II recognises as a threat.

TCAS II means a type of ACAS that:

• (a)

  interrogates, and receives replies from, a secondary surveillance radar transponder; and

• (b)

  uses those replies to provide resolution advisories in the vertical plane, traffic advisories or both.

traffic advisory means information that:

• (a)

  is provided to a pilot of an aircraft by a TCAS II that is fitted to the aircraft; and

• (b)

  is about another aircraft that the TCAS II recognises as an intruder.

turbine-powered commercial aeroplane means a large-capacity aeroplane that:

• (a)

  is propelled by turbojet, turbofan or turboprop engines; and

• (b)

  is being used, for hire or reward, to carry passengers, cargo or both.

type certificate has the same meaning as in regulation 24.

Meaning of approved TCAS II

 “262AB. In this Division, a TCAS II is taken to be an approved TCAS II for an aircraft only if:

• (a)

  it has a marking under an authority or approval issued by the Administrator of the FAA indicating compliance with the requirements of TSO‑C119 or TSO‑C119a; or

• (b)

  in the case of a TCAS II that is not marked as mentioned in paragraph (a)—its design, construction, installation and performance meet the requirements of TSO‑C119 or TSO‑C119a.

“Subdivision A—Australian aircraft

ACAS requirements—turbine-powered commercial aeroplanes

 “262AC. (1) After 31 December 1999, an Australian aircraft that is a turbine-powered commercial aeroplanemust not begin a flight unless it is fitted with an approved TCAS II that is serviceable.

Penalty:

 25penalty units.

 “(2) Subregulation (1) does not apply if:

• (a)

  the flight is for the purpose of moving the aircraft to a place to have:

  • (i)

    an approved TCAS II fitted to the aircraft; or

  • (ii)

    an approved but unserviceable TCAS II that is fitted to the aircraft repaired, removed or overhauled; or

• (b)

  when the flight takes place, inclusion in the aircraft of an approved but unserviceable TCAS II amounts to a permissible unserviceability in the aircraft.

ACAS must be activated during flight

 “262AD. The pilot in command of an Australian aircraft that is a turbine-powered commercial aeroplane fitted with an approved TCAS II that is serviceable must take all reasonable steps to ensure that the TCAS II is activated at all times while the aircraft is in flight.

Penalty:

 25penalty units.

Reporting unserviceable ACAS during flight

 “262AE.(1) This regulation applies to an approved TCAS II fitted to an Australian aircraft that is a turbine-powered commercial aeroplane.

 “(2) If a TCAS to which this regulation applies becomes unserviceable while the aircraft is in flight in, or on a flight into, Australian territory, the pilot in command must:

• (a)

  if the aircraft is in controlled airspace—tell Air Traffic Control of the unserviceability as soon as practicable; or

• (b)

  if the aircraft is not in controlled airspace—take all reasonable steps to tell Air Traffic Control of the unserviceability before entering controlled airspace.

Penalty:

 5penalty units.

Reporting unserviceable ACAS before flight

 “262AF.Before beginning a flight in Australian territory in an Australian aircraft that is a turbine-powered commercial aeroplane, the pilot in command must tell Air Traffic Control that the aircraft is beginning the flight without an approved TCAS II that is serviceable if:

• (a)

  the flight is for the purpose set out in paragraph 262AC (2) (a); or

• (b)

  the aircraft is fitted with an approved but unserviceable TCAS II whose inclusion in the aircraft amounts to a permissible unserviceability in the aircraft.

Penalty:

 5penalty units.

“Subdivision B—Foreign aircraft

ACAS requirements—turbine-powered commercial aeroplanes

 “262AG. (1)After 31 December 1999, a foreign aircraft that is a turbine-powered commercial aeroplanemust not fly into Australian territory during a particular flight unless, when the flight began, it was fitted with an approved TCAS II that was serviceable.

Penalty:

 25penalty units.

 “(2) After 31 December 1999, a foreign aircraft that is a turbine-powered commercial aeroplane must not begin a flight in Australian territory unless it is fitted with an approved TCAS II that is serviceable.

Penalty:

 25penalty units.

 “(3) Subregulation (2) does not apply if the flight is for the purpose of moving the aircraft to a place to have an approved but unserviceable TCAS II that is fitted to the aircraft repaired, removed, replaced or overhauled.

ACAS must be activated during flight

 “262AH.The pilot in command of a foreign aircraft that is a turbine-powered commercial aeroplane fitted with an approved TCAS II that is serviceable must take all reasonable steps to ensure that the TCAS II is activated at all times while the aircraft is in flight in Australian territory.

Penalty:

 25penalty units.

Reporting unserviceable ACAS during flight

 “262AI.(1) This regulation applies to an approved TCAS II fitted to a foreign aircraft that is a turbine-powered commercial aeroplane.

 “(2) If a TCAS to which this regulation applies becomes unserviceable while the aircraft is in flight in, or on a flight into, Australian territory, the pilot in command must:

• (a)

  if the aircraft is in controlled airspace—tell Air Traffic Control of the unserviceability as soon as practicable; or

• (b)

  if the aircraft is not in controlled airspace—take all reasonable steps to tell Air Traffic Control of the unserviceability before entering controlled airspace.

Penalty:

 5penalty units.

Reporting unserviceable ACAS before flight

 “262AJ. Before beginning a flight in Australian territory in a foreign aircraft that is a turbine-powered commercial aeroplane, the pilot in command must, if the flight is for the purpose set out in subregulation 262AG (3), tell Air Traffic Control that the aircraft is beginning the flight without an approved TCAS II that is serviceable.

Penalty:

 5penalty units.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 July 1998.

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31 and 32.