AD/RAD/92 Amdt 2 Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs

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Legislation au F2021L01225 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/RAD/92 Amdt 2 — Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/RAD/92 Amdt 2 applies to certain Rockwell Collins Mode S Transponders.

The European Aviation Safety Agency (EASA) issued AD 2009-0173 affecting certain Rockwell Collins Mode S Transponders in 2009. EASA, having issued an ETSO approval for these transponders, is a State of Design for this equipment. CASA subsequently issued AD/RAD/92 to mandate the requirements of EASA AD 2009‑0173. CASA subsequently issued AD/RAD/92 Amdt 1 to mandate the requirements EASA AD 2009‑0173R1 issued in 2010, to provide relief from the requirements of the AD for operators of certain aircraft. As a result of an internal review, CASA has issued AD/RAD/92 Amdt 2 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Rockwell Collins Service Bulletins (SB) TDR-94/94D-34-506506, TDR‑94/94D‑34‑507506, and TDR-94/94D-34-505506, provides airworthiness and operational approval of the “Enhanced Air Traffic Services in Non-Radar Areas using ADS-B Surveillance” (ADS-B-NRA) application. For subsection 98 (5D) of the Act, the technical documents are incorporated as they exist from time to time. The technical documents are not freely available.

 

The above technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They can be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the instrument, or to any interested person.

European Aviation Safety Agency (EASA) Acceptable Means of Compliance (AMC) 20-24, provides instructions for the modification of applicable Rockwell Collins Mode S Transponders. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.easa.europa.eu/sites/default/files/dfu/Annex%20II%20-%20AMC%2020-24.pdf

 

EASA Certification Specifications and Acceptable Means of Compliance for Airborne Communications, Navigation and Surveillance (CS-ACNS), provides instructions for compliance with communications, navigation and surveillance carriage requirements. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.easa.europa.eu/certification-specifications/cs-acns-airborne-communications-navigation-and-surveillance

 

United States of America Federal Aviation Administration (FAA) Code of Federal Regulations (CFR) 14CFR91.225, provides instructions for Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.ecfr.gov/cgi-bin/text-idx?node=14:2.0.1.3.10#se14.2.91_1225

 

FAA Code of Federal Regulations (CFR) 14CFR91.227, provides instructions for Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment performance requirements. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.ecfr.gov/cgi-bin/text-idx?node=14:2.0.1.3.10#se14.2.91_1227

 

EASA AD 2009-0173R1 is mentioned in the AD but not incorporated by reference in it. It is freely available from the EASA website at the following internet address:

https://ad.easa.europa.eu/ad/2009-0173R1

Consultation

This AD is being made as a result of an internal CASA review to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to reflect current requirements, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 10 September 2021.

[Instrument number AD/RAD/92 Amdt 2]

 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/RAD/92 Amdt 2 — Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The European Aviation Safety Agency (EASA) issued AD 2009-0173 affecting certain Rockwell Collins Mode S Transponders in 2009. EASA, having issued an ETSO approval for these transponders, is a State of Design this equipment. CASA subsequently issued AD/RAD/92 to mandate the requirements of EASA AD 2009‑0173. CASA subsequently issued AD/RAD/92 Amdt 1 to mandate the requirements EASA AD 2009‑0173R1 issued in 2010, to provide relief from the requirements of the AD for operators of certain aircraft. As a result of an internal review, CASA has issued AD/RAD/92 Amdt 2 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988.

The primary purpose of this legislative instrument is to remove obsolete references and make minor editorial changes to reflect current requirements.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, aligning with the Convention on International Civil Aviation. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The AD/RAD/92 Amdt 2 specifically addresses issues with Rockwell Collins TDR-94/94D Transponders and Honeywell AZ800/810 Air Data Computers. The amendment was introduced to rectify references to outdated legislative instruments and to ensure the continuing airworthiness of these aeronautical products. The amendment was made by CASA under the authority delegated by the Civil Aviation Act 1988 and commenced on 10 September 2021. This legislative instrument aims to streamline regulatory references while upholding the high safety standards required in civil aviation. The AD/RAD/92 Amdt 2 follows an internal CASA review to update and remove obsolete references in the original AD/RAD/92, which was issued in response to an earlier European Aviation Safety Agency (EASA) directive. The policy objective of this amendment is to ensure that regulatory references remain current and relevant, thereby supporting the ongoing safety and airworthiness of affected aircraft. CASA, as Australia's national airworthiness authority, is mandated to align with international safety standards set by EASA and other relevant authorities. This amendment ensures that CASA's regulatory framework remains robust and effective in maintaining the safety of Australian airspace.

Scope and Application

The AD/RAD/92 Amendment 2 applies to the Rockwell Collins TDR-94/94D Transponders and Honeywell AZ800/810 Air Data Computers, specifically concerning selected altitude data inputs. This airworthiness directive is issued by CASA under the Civil Aviation Safety Regulations 1998, in accordance with the Civil Aviation Act 1988, to ensure the continuing airworthiness of aircraft registered in Australia. The directive is applicable to aircraft operators who use the specified transponders and air data computers. Geographically, the directive applies within Australia's national jurisdiction. The AD amends previous directives to remove references to legislative instruments that are no longer in force and makes minor editorial changes. No specific exclusions or exemptions are mentioned, but it is implied that the directive applies to all aircraft registered in Australia that use the specified equipment. The AD/RAD/92 Amendment 2 is a legislative instrument that incorporates technical documents from various sources, including Rockwell Collins Service Bulletins, EASA Acceptable Means of Compliance, and FAA Code of Federal Regulations, which are referenced as they exist from time to time. The AD/RAD/92 Amendment 2 was made under the delegation of authority by CASA and commenced on 10 September 2021. It is a minor amendment focusing on updating references and correcting obsolete information, hence no further consultation or a Regulation Impact Statement was deemed necessary. The instrument is compatible with human rights as it does not engage any of the rights or freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This directive is crucial for ensuring that aircraft operating within Australia continue to meet the required safety standards.

Key Provisions

The key provisions of the F2021L01225 legislation pertain to the airworthiness of certain Rockwell Collins Mode S Transponders and Honeywell AZ800/810 Air Data Computers. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for international civil aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD). This AD/RAD/92 Amdt 2 amends previous directives to remove references to outdated legislative instruments and update requirements. It incorporates technical documents by reference and mandates compliance with these documents to ensure airworthiness. The AD imposes obligations on the entities it governs, including aircraft operators and manufacturers. Aircraft operators must ensure their Rockwell Collins Mode S Transponders and Honeywell AZ800/810 Air Data Computers comply with the technical documents referenced in the AD. Manufacturers must provide accurate and up-to-date technical information to CASA and ensure their products meet the required safety standards. CASA is responsible for issuing ADs to mandate the requirements of foreign States of Design and ensuring compliance with international safety standards. There are no specific offences, penalties, or consequences mentioned in the AD itself. However, failure to comply with an AD can result in civil or criminal penalties under the Act. Section 13 of the Act provides for civil penalties for non-compliance, including fines of up to $22,200 for individuals and $111,000 for corporations. In more serious cases, CASA can pursue criminal prosecutions under Section 15 of the Act, which carries maximum penalties of up to 5 years imprisonment for individuals and $550,000 for corporations. These penalties underscore the importance of adhering to ADs to maintain aviation safety. In summary, AD/RAD/92 Amdt 2 is a regulatory amendment aimed at ensuring the continued airworthiness of certain Rockwell Collins Mode S Transponders and Honeywell AZ800/810 Air Data Computers. It imposes compliance obligations on aircraft operators and manufacturers, while CASA is responsible for issuing and enforcing the AD. Failure to comply with an AD can result in civil or criminal penalties under the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.