EXPLANATORY STATEMENT
CIVIL AVIATION ACT
CIVIL AVIATION REGULATIONS
DIRECTION UNDER SUBREGULATION 99AA (5) RELATING TO THE USE OF CLASS E AIRSPACE BY V.F.R. AIRCRAFT
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Under regulation subregulation 99AA (5) of the Civil Aviation Regulations (the Regulations), CASA may give directions or instructions about the use of a class of airspace by aircraft engaged in flights under the visual flight rules (V.F.R.). Under subregulation 99AA (6A) of the Regulations, a direction under subregulation 99AA (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The purpose of this instrument is to require powered aircraft operating in Class E airspace to carry an activated and serviceable Mode A and Mode C secondary radar surveillance transponder. By carrying and operating that type of transponder a V.F.R aircraft transmits to Air Traffic Control radar a precise image giving its height and location. Without a transponder, no information on the position or altitude of the V.F.R. aircraft would be provided to Air Traffic Control, despite the aircraft being within the coverage of en route secondary surveillance radar
In addition, when aircraft are fitted with a transponder outside of radar coverage, the use of a serviceable and activated transponder will facilitate detection of the aircraft by other aircraft which are fitted with collision avoidance systems.
The instrument has been issued by the Acting Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.
[INSTRUMENT NUMBER: CASA 202/98]