CASA EX35/07 – Exemption – carriage and use of automatic dependent surveillance - broadcast equipment

Overview

The Civil Aviation (Automatic Dependent Surveillance – Broadcast Equipment) Exemption 2007 (CASA EX35/07) was enacted by the Civil Aviation Safety Authority (CASA) to address the need for exemption from certain compliance requirements under the Civil Aviation Regulations 1988 for specific aircraft operated by the Royal Flying Doctor Service (Western Operations). This exemption was created to facilitate the flight tests necessary for validating non-approved automatic dependent surveillance-broadcast equipment on the Pilatus PC-12 aircraft with the registration marks VH-MWO and VH-VWO. The exemption was intended to be in effect from 27 July 2007 until 22 September 2007, and it was designed to align with the policy objective of ensuring the safe and efficient conduct of flight tests for the specified aircraft during the validation period of the equipment.

Scope and Application

CASA EX35/07, an exemption made under the Civil Aviation Regulations 1988, applies specifically to the carriage and use of automatic dependent surveillance-broadcast equipment on two Pilatus PC-12 aircraft, VH-MWO and VH-VWO, operated by the Royal Flying Doctor Service (Western Operations). This exemption was designed to facilitate flight tests aimed at validating non-approved automatic dependent surveillance-broadcast equipment. The exemption allows the specified aircraft and its pilots in command to deviate from certain compliance requirements under subregulations 207(2) and (3) of the Civil Aviation Regulations 1988, as detailed in Schedule 1. The exemption only pertains to the requirements outlined in paragraphs 9B.2 and 9B.3 of Civil Aviation Order 20.18, and it was in effect from 27 July 2007 until 22 September 2007. The exemption does not extend to other aircraft or operators, and any broader applications or modifications to the exemption are managed through subsequent amendments, as indicated in the tables and notes of CASA EX35/07.

Key Provisions

The legislative instrument CASA EX35/07, as amended by CASA EX38/07, provides a temporary exemption for the carriage and use of automatic dependent surveillance-broadcast (ADS-B) equipment in specific circumstances. This exemption (section 2) applies to the Pilatus PC-12 aircraft with registration marks VH-MWO and VH-VWO, operated by the Royal Flying Doctor Service (Western Operations) (section 2). The exemption is limited to flight tests conducted for the purpose of validating non-approved ADS-B equipment (section 2). The exemption is in effect from the day after the instrument is registered, which was 27 July 2007, until the end of 22 September 2007 (section 1). Under this exemption, the Royal Flying Doctor Service (Western Operations) and each pilot in command of the specified aircraft are exempt from complying with certain directions under subregulations 207(2) and (3) of the Civil Aviation Regulations 1988 (CAR 1988) (section 3). The exemption specifically covers compliance with paragraphs 9B.2 and 9B.3 of Civil Aviation Order 20.18, which pertains to the carriage and use of ADS-B equipment (Schedule 1). This means that, for the duration of the exemption, the operator and pilots are not required to adhere strictly to the specified regulations concerning ADS-B equipment during the flight tests. The obligations imposed by this legislative instrument are primarily on the Royal Flying Doctor Service (Western Operations) and the pilots in command of the specified aircraft. They must ensure that the flight tests for validating the non-approved ADS-B equipment are conducted within the defined timeframe and aircraft. The exemption allows them to proceed with these tests without the need to comply with the usual regulatory requirements that would otherwise apply. It is important that all activities under this exemption remain within the scope defined by the legislative instrument. There are no explicit offences, penalties, or consequences mentioned in the legislative instrument for breaches of the exemption provisions. However, any deviation from the conditions set out in CASA EX35/07, such as conducting flight tests outside the specified timeframe or on aircraft other than those listed, could potentially result in regulatory scrutiny or non-compliance issues. The Civil Aviation Safety Authority (CASA) retains the authority to enforce compliance with aviation regulations, and any unauthorised use of ADS-B equipment or conduct outside the scope of the exemption could lead to enforcement actions or other regulatory consequences.