Civil Aviation Order 82.5 (as amended)

made under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.

This compilation was prepared on 14 December 2020 taking into account amendments up to Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1). It is a compilation of Civil Aviation Order 82.5 (Conditions on Air Operators’ Certificates authorising regular public transport operations in high capacity aircraft) as amended and in force on 14 December 2020.

Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Civil Aviation Safety Authority, Canberra.

Compilation No. 20.

Contents

Section 82.5 (Conditions on Air Operators’ Certificates authorising regular public transport operations in high capacity aircraft)

Page

1 Name of instrument

1A Application of conditions

1B Interpretation

2 Obligations in relation to organisation and facilities [see Table A]

2A Safety management system

2AA Obligations in relation to protection of safety information

2B SMS amendment process

2C Alteration of an approved SMS amendment process

2D HF&NTS training and assessment program amendments

2E HF&NTS program amendment process

2F Alteration of an approved HF&NTS program amendment process

3 Obligations in relation to training and checking

4 Obligations in relation to maintenance

4A Obligation to be registered operator

5 Obligations in relation to aerodromes

5A Conditions in relation to communication services at non‑controlled aerodromes

6 Obligations in relation to aeroplane certification and performance

7 Obligations in relation to flight category and aeroplane requirements

8 Obligations in relation to flight crew

9 Obligations in relation to route and area qualifications

9A Obligations in relation to international carriage of a copy of the AOC [see Table A]

10 Obligations in relation to foreign registered aircraft

11 Obligations in relation to AOC Holder’s Safety Questionnaire

12 Obligation to preserve cockpit voice recorder and flight data recorder records

 Appendix 1

 Appendix 1A

 Appendix 2

 Appendix 3

 Appendix 4

 Appendix 4A

 Appendix 5

 Notes to Civil Aviation Order 82.5

Section 82.5

Conditions on Air Operators’ Certificates authorising regular public transport operations in high capacity aircraft

1 Name of instrument

 1.1 This instrument is Civil Aviation Order 82.5 Instrument 2004.

 1.2 This instrument may be cited as Civil Aviation Order 82.5.

 1.3 A reference in an instrument to section 82.5 of the Civil Aviation Orders is a reference to this instrument.

1A Application of conditions

 1A.1This Order applies to certificates authorising regular public transport operations in high capacity aircraft.

 1A.2For the purposes of paragraph 28BA (1) (b) of the Act, each certificate authorising regular public transport operations in high capacity aircraft is subject to the condition that the obligations set out in this Order must be complied with.

 1A.3The conditions and obligations set out in this Order are in addition to the conditions set out in Civil Aviation Order 82.0.

1B Interpretation

Note   In this Order, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include Chicago Convention, ICAO and operator.

1B.1 In this Order:

Annex 19 means Annex 19, Safety Management, to the Chicago Convention.

approved safety management system or approved SMS means a safety management system approved by CASA under this Order.

CAAP means Civil Aviation Advisory Publication.

CAAP SMS package means the following CAAPs:

(a) CAAP SMS-01, Safety Management Systems for Regular Public Transport Operations, as it exists from time to time;

Note   The latest version of this CAAP as at the time Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1) commenced is CAAP SMS-01 v1.1, dated October 2018.

(b) CAAP SMS-2(0), Integration of Human Factors (HF) into Safety Management Systems (SMS), as it exists from time to time;

Note   The latest version of this CAAP as at the time Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1) commenced is CAAP SMS-2(0), dated January 2009.

(c) CAAP SMS-3(1), Non-Technical Skills Training for Regular Public Transport Operations, as it exists from time to time.

Note   The latest version of this CAAP as at the time Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1) commenced is CAAP SMS-3(1), dated April 2011.

corrective action means action, the purpose of which is not punitive:

(a) that is taken to address particular safety-related shortcomings or deficiencies such as an authorisation holder who is unable or unwilling to demonstrate compliance with applicable safety or competency standards; and

(b) that may involve restricting, limiting, conditioning or suspending the ability of an authorisation holder to exercise the privileges of a civil aviation authorisation.

Note   Examples of corrective action are requiring an individual authorisation holder to undertake training, and the introduction of changed processes or procedures by an organisation that holds an authorisation.

designated person for principles of exception means the person designated in the SMS of an operator to perform the function mentioned in subparagraph 2A.2 (h) for the operator.

FDAP means a flight data analysis program that complies with paragraph 2A.3.

human factors or HF means the minimisation of human error and its consequences by optimising the relationships within systems between people, activities and equipment.

ICAO Safety Management Manual means the latest edition of the document Safety Management Manual, ICAO Doc 9859, published by ICAO.

Note   At the time Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1) commenced, the latest edition of the ICAO Safety Management Manual is the 4th edition.

non-technical skills means specific human competencies, including critical decision making, team communication, situational awareness and workload management, which may minimise human error in aviation.

preventive action means action, the purpose of which is not punitive:

(a) that is taken to prevent the occurrence or recurrence of an event or a hazard that poses a risk to safety; and

(b) that may involve restricting, limiting, conditioning or suspending the ability of an authorisation holder to exercise the privileges of a civil aviation authorisation.

Note   Examples of preventive action are requiring an individual authorisation holder to undertake training, and the introduction of changed processes or procedures by an organisation that holds an authorisation.

principle of exception means paragraph 3 (a), (b) or (c) of Appendix 1A.

principle of protection means paragraph 2.2 (a) or 2.2 (b) of Appendix 1A.

remedial action means action, the purpose of which is not punitive:

(a) that is taken to address the underlying causes of particular safety-related shortcomings or deficiencies; and

(b) that may involve restricting, limiting, conditioning or suspending the ability of an authorisation holder to exercise the privileges of a civil aviation authorisation.

Note   Examples of remedial action are requiring an individual authorisation holder to undertake training, and the introduction of changed processes or procedures by an organisation that holds an authorisation.

safety data has the meaning given by Chapter 1 of Annex 19.

safety information means any safety data or information, in any form, generated within, or captured, collected or held by and within, an operator’s approved safety management system, including personal information relating to individuals.

Note   Some approved SMSs must include an FDAP — see subparagraph 2A.2 (e). An approved SMS may include other kinds of safety data collection and processing systems — subsection 2A.2 sets out minimum requirements for an SMS.

safety management system or SMS has the meaning given by paragraph 2A.1.

1B.2 A reference in this Order to a regulation or subregulation identified by a number or a numerical code (for example, 92A or 218 (1)) is a reference to the regulation in the Civil Aviation Regulations 1988 identified by that number or code.

2 Obligations in relation to organisation and facilities [see Table A]

 2.1Each operator must:

(a) establish and maintain an appropriate organisation, with a sound and effective management structure that uses a safety management system approved by CASA; and

Note   CASA will have regard to the guidance contained in the CAAP SMS package and the ICAO Safety Management Manual when deciding whether to approve an SMS. CAAP SMS package and ICAO Safety Management Manual are defined in paragraph 1B.1.

(b) make adequate provision for training and checking of personnel and the inspection and maintenance of aircraft; and

(c) have a program, approved by CASA, to train and assess personnel in human factors and non-technical skills with the aim of minimising human error.

Note   CASA will have regard to the guidance contained in the CAAP SMS package and the ICAO Safety Management Manual when deciding whether to approve a program to train and assess personnel in human factors and non-technical skills.

 2.2Each operator must employ such numbers of qualified personnel as CASA considers necessary to operate the services proposed by the operator and such personnel must be employed on a full-time basis in appropriate areas.

 2.3Each operator must provide and maintain facilities and documentation sufficient to enable the operator to conduct services with safety and in compliance with Appendix 1.

 2.5For its leased aircraft — the operator must provide details of the lease conditions to enable CASA to:

(a) assess the arrangements for operational control of the aircraft; and

(b) assess the arrangements for the maintenance of the aircraft; and

(c) ensure that the aircraft meets airworthiness requirements.

2A Safety management system

 2A.1For this Order, a safety management system or SMS is a systematic approach to managing safety that must:

(a) include the organisational structures, accountabilities, policies and procedures necessary to manage safety in a systematic way; and

(b) comply with paragraph 2A.2.

 2A.2Subject to paragraph 2A.4, an SMS must, as a minimum, include the following:

(a)      a statement of the operator’s safety policy and objectives, including documented details of the following:

 (i) the management commitment to, and responsibility for, safety risk management;

 (ii) the safety accountabilities of managers;

(iii)    the appointment of key safety personnel;

 (iv) the SMS implementation plan;

 (v) the relevant third party relationships and interactions;

 (vi) the coordination of the emergency response plan;

(b)      a safety risk management plan, including documented details of the following:

 (i) hazard identification processes;

 (ii) risk assessment and mitigation processes;

(c)      a safety assurance system, including documented details of the following:

 (i) safety performance monitoring and measurement;

 (ii) management of change;

 (iii) continuous improvement of the SMS;

(d)      a safety promotion system, including documented details of the following:

 (i) training and education;

 (ii) safety communication;

(e)      for an operator who operates an aircraft with a maximum take-off weight exceeding 27 000 kg — an FDAP;

Note   FDAP is defined in paragraph 1B.1.

(f)       a documented process ensuring that safety information is:

 (i) not used, or made available for use, by the operator for purposes other than maintaining or improving safety; and

 (ii) protected by the operator, in accordance with Appendix 1A;

Note   An example of the use of safety information for the purpose of maintaining or improving safety is collecting, storing or analysing safety information internally for preventive, corrective or remedial action to be taken by the operator for the maintenance or improvement of aviation safety.

(g)      the designation of an employee of the operator, or a person contracted by the operator, to perform the function of analysing operational flight data in accordance with procedures specified in the SMS;

(h)      the designation of an employee of the operator, or a person contracted by the operator, to perform the function of determining, in accordance with procedures set out in the SMS, whether or not a principle of exception mentioned in clause 3 of Appendix 1A applies, and who may have access to identity information solely for that purpose.

 2A.3An FDAP must:

(a) regularly record and analyse the operational flight data of individual and aggregated operations to improve the safety of flight operations; and

(b) be integrated into the safety assurance system mentioned in subparagraph 2A.2 (c); and

(c) be supplied by:

 (i) the operator; or

 (ii)  without in any way compromising the operator’s responsibility for the existence and effectiveness of the FDAP — another appropriate person; and

(d) ensure that, other than in accordance with Appendix 1A:

 (i) no disciplinary, punitive or related action is taken by the operator against a person who reports, or is the source or subject of, the operational flight data; and

 (ii) the identity of a person who reports, or is the source or subject of, the operational flight data, or in relation to whom such data is reported, is protected from disclosure to anyone other than the designated person for principles of exception; and

(e) enable the operator to use operational flight data recorded due to the operation of the FDAP for the maintenance or improvement of safety, in accordance with Appendix 1A.

Note 1   Subsection 2A does not restrict CASA’s ability under civil aviation legislation to be provided with, access or use safety information held by an operator. CASA has powers under CAR and CASR to issue notices to operators requesting specified documents or information, including safety information — see Note 1 under subclause 2.2 of Appendix 1A.

Note 2   For the restrictions on the use by CASA of an operator’s safety information — see CASA Directive 02-0053, Limitations on the Use of Safety Information, as it exists from time to time. At the time Civil Aviation Orders 82.3 and 82.5 Amendment Instrument 2020 (No. 1) commenced, the latest edition of the Directive had the effective date of July 2019.

 2A.4An SMS approved by CASA under subparagraph 2.1 (a) may only be amended in accordance with subsection 2B.

 2A.5An SMS may have a process for the amendment of the SMS in accordance with subsection 2B.

Note   Under paragraph 2.4, SMS has the meaning given in subsection 2A and includes the documents mentioned in subsection 2A.

2AA Obligations in relation to protection of safety information

 An operator must protect all safety information of the operator in accordance with Appendix 1A.

Note   See also subparagraph 2A.2 (f) for SMS requirements relating to the protection of safety information.

2B SMS amendment process

 2B.1In this subsection:

SMS amendment process is a process within an SMS for amendment of the SMS, or a specified part of the SMS, in accordance with this subsection.

Note   The SMS amendment process can only be altered in accordance with subsection 2C.

 2B.2An operator, who does not have an SMS amendment process approved by CASA, must not amend the operator’s approved SMS without CASA’s approval.

 2B.3 For paragraph 2B.2, CASA’s approval may only be given in the form of a new SMS approval.

 2B.4If an operator has an SMS amendment process, it must be approved in writing by CASA at the time CASA approves the operator’s SMS.

 2B.5An approved SMS amendment process must have the capacity to identify and record reliable information from which a reasoned and persuasive safety case may be developed to demonstrate whether or not a proposed amendment to the SMS is likely to:

(a) maintain at least the same level of safety as that which exists under the SMS at the time of the proposed amendment; or

(b) increase the level of safety above that which exists under the SMS at the time of the proposed amendment.

 2B.6Subject to paragraph 2B.10, if an operator has an approved SMS amendment process, the operator may, without CASA’s approval, make a proposed amendment to the operator’s SMS, but only if:

(a) the proposed amendment is:

 (i) merely editorial; or

 (ii) such that no reasonable person could doubt that the proposed amendment increases the level of safety above that which exists under the SMS at the time of the proposed amendment; or

(b) a safety case, developed in the SMS amendment process, demonstrates that the proposed amendment is likely to:

 (i) maintain at least the same level of safety as that which exists under the SMS at the time of the proposed amendment; or

 (ii) increase the level of safety above that which exists under the SMS at the time of the proposed amendment.

 2B.7If an operator makes an amendment to the operator’s SMS in accordance with this subsection, the amendment must not take effect until it is documented by being incorporated into every copy of the documents mentioned in subsection 2A used by the operator to which the amendment is relevant.

 2B.8If an operator makes an amendment to the operator’s SMS in accordance with this subsection, the amendment must be notified in writing to CASA in accordance with a procedure and timetable that must be set out in the operator’s approved SMS amendment process.

 2B.9An approved SMS amendment process may itself only be altered in accordance with subsection 2C.

 2B.10An amendment to part of an SMS, on which an approved SMS amendment process directly depends in order to comply with paragraph 2B.5, is deemed to be an alteration of the SMS amendment process to which subsection 2C applies.

Note   If, as part of its general capacity to demonstrate the safety of SMS amendments, the SMS amendment process directly depends on some feature of the SMS itself, a proposed amendment to that SMS feature would be considered an amendment of the SMS amendment process. Subsection 2C would, therefore, apply to the proposed amendment.

2C Alteration of an approved SMS amendment process

 2C.1An operator with an approved SMS amendment process must not alter the process without CASA’s written approval.

 2C.2For paragraph 2C.1, CASA’s written approval may only be:

(a) given on application; and

(b) in the form of an approval for an SMS containing a new SMS amendment process in accordance with subsection 2B.

2D HF&NTS training and assessment program amendments

 2D.1 In this subsection, and in subsections 2E and 2F:

HF&NTS means human factors and non-technical skills.

HF&NTS program amendment process means a process within an HF&NTS program for amendment of the program, or a specified part of the program, in accordance with subsection 2E.

Note   The HF&NTS program amendment process can only be altered in accordance with subsection 2F.

HF&NTS program means an operator’s program to train and assess the operator’s personnel in HF&NTS and includes the operator’s documents for the program.

 2D.2An HF&NTS program approved by CASA under subparagraph 2.1 (c) may only be amended in accordance with subsection 2E.

 2D.3An HF&NTS program may have an HF&NTS program amendment process for the program in accordance with subsection 2E.

2E HF&NTS program amendment process

 2E.1An operator, who does not have an HF&NTS program amendment process approved by CASA, must not amend the operator’s approved HF&NTS program without CASA’s approval.

 2E.2For paragraph 2E.1, CASA’s approval may only be given in the form of a new HF&NTS program approval.

 2E.3If an operator has an HF&NTS program amendment process, it must be approved in writing by CASA at the time CASA approves the operator’s HF&NTS program.

 2E.4An approved HF&NTS program amendment process must have the capacity to identify and record reliable information from which a reasoned and persuasive safety case may be developed to demonstrate whether or not a proposed amendment to the HF&NTS program is likely to:

(a) maintain at least the same level of safety as that which exists under the HF&NTS program at the time of the proposed amendment; or

(b) increase the level of safety above that which exists under the HF&NTS program at the time of the proposed amendment.

 2E.5If an operator has an approved HF&NTS program amendment process, the operator may, without CASA’s approval, make a proposed amendment to the operator’s approved HF&NTS program but only if:

(a) the proposed amendment is:

 (i) merely editorial; or

 (ii) such that no reasonable person could doubt that the proposed amendment increases the level of safety above that which exists under the SMS at the time of the proposed amendment; or

(b) a safety case developed in the HF&NTS program amendment process demonstrates that the proposed amendment is likely to:

 (i) maintain at least the same level of safety as that which exists under the HF&NTS program at the time of the proposed amendment; or

 (ii) increase the level of safety above that which exists under the HF&NTS program at the time of the proposed amendment.

 2E.6If an operator makes an amendment to the operator’s approved HF&NTS program in accordance with this subsection, the amendment must not take effect until it is documented by being incorporated into every copy of the HF&NTS program documents used by the operator to which the amendment is relevant.

 2E.7If an operator makes an amendment to the operator’s approved HF&NTS program in accordance with this subsection, the amendment must be notified in writing to CASA in accordance with a procedure and timetable that must be set out in the operator’s approved HF&NTS program amendment process.

 2E.8An approved HF&NTS program amendment process may only be altered in accordance with subsection 2F.

2F Alteration of an approved HF&NTS program amendment process

 2F.1An operator with an approved HF&NTS program amendment process must not alter the process without CASA’s written approval.

 2F.2For paragraph 2F.2, CASA’s written approval may only be:

(a) given on application; and

(b) in the form of an approval for an HF&NTS program containing a new HF&NTS program amendment process in accordance with subsection 2E.

3 Obligations in relation to training and checking

 3.1Subject to paragraph 3.2A, each operator must provide a training and checking organisation under regulation 217.

 3.2Subject to paragraph 3.2A, a training and checking organisation must be in accordance with Appendix 2.

 3.2AThe operator may contract a Part 142 operator to perform activities that the operator would otherwise be required by this subsection to perform, other than checking for aircraft that have a maximum operational passenger seat configuration of more than 30 seats.

 3.3Each operator must ensure that a person does not act as an operating crew member on a scheduled revenue service unless that person has satisfactorily completed all necessary training programs and proficiency checks and has been certified by a check pilot as being competent to act as an operating crew member.

 3.4For the purposes of subregulations 215 (3) and (6), each operator must include in the operator’s operations manual the information set out in Appendix 3 and must provide copies of the manual to all operating crew members employed by the operator.

4 Obligations in relation to maintenance

 4.1If Part 42 of the Civil Aviation Safety Regulations 1998 (CASR 1998) does not apply to an operator, the operator must provide a system of maintenance of aeroplanes and establish a system of maintenance control in accordance with the requirements of, or issued under, the Civil Aviation Regulations 1988.

Note 1   Part 42 of CASR 1998 applies to all registered aircraft, subject to transitional provisions designed to transition operators over a 2 year period.

Note 2   Commencing on 27 June 2011, subregulation 42.040 (1), with subregulation 202.180 (1), of CASR 1998, requires (as a condition on the AOC) that the operator of a registered aircraft authorised to operate under an AOC issued for a purpose mentioned in paragraph 206 (1) (c) of CAR 1988 (generally speaking, RPT), must be approved by CASA as a continuing airworthiness management organisation (a CAMO) for the type and model of the aircraft.

4A Obligation to be registered operator

 4A.1This subsection applies to each AOC holder approved by CASA to be a continuing airworthiness management organisation (a CAMO) under Subpart 42.G of CASR 1998.

 4A.2Unless CASA approves otherwise, the AOC holder must be the registered operator of each Australian aircraft that is authorised under the holder’s AOC to operate for a purpose mentioned in paragraph 206 (1) (c) of CAR 1988.

 4A.3In this subsection:

 registered operator means registered operator under Part 47 of CASR 1998.

5 Obligations in relation to aerodromes

 5.1An operator must conduct operations in accordance with regulation 92A.

 5.2An operator must ensure that night operations are only conducted from an aerodrome for which there is:

(a) a published instrument approach procedure; and

(b) a serviceable and available navigation aid; and

(c) obstruction lighting where necessary.

Note   A navigation aid includes GNSS.

 5.3Unless otherwise approved in writing by CASA and subject to paragraph 5.4, an operator must not permit turbo-jet aeroplanes to use runways that are not equipped with electronic or visual approach slope guidance.

 5.4Paragraph 5.3 does not apply to runways at nominated alternate aerodromes.

5A Conditions in relation to communication services at non‑controlled aerodromes

 5A.1Subject to this subsection, an aircraft must not be operated within the terminal airspace of a non-controlled aerodrome unless:

(a) there is a radiocommunication confirmation system for the aerodrome; and

(b) that radiocommunication confirmation system is in operation when the aircraft is within the terminal airspace.

 5A.1AParagraph 5A.1 does not apply if an aircraft is using an aerodrome as an alternate aerodrome.

 5A.1BParagraph 5A.1 does not apply to an aircraft that:

(a) was scheduled to arrive at, or depart from, an aerodrome at a time when the aerodrome was not a non-controlled aerodrome; but

(b) has had its operation delayed so that, at the actual time of its arrival at, or its departure from, the aerodrome, the aerodrome is a non‑controlled aerodrome.

 5A.1CParagraph 5A.1 does not apply in respect of a non-controlled aerodrome if CASA determines in writing that it is technically impracticable to provide a radiocommunication confirmation system for the aerodrome.

 5A.2If the radiocommunication confirmation system at a non-controlled aerodrome becomes unserviceable, paragraph 5A.1 does not apply in respect of that aerodrome for:

(a) the period during which the system remains unserviceable; or

(b) the period of 7 days commencing on the day on which the system becomes unserviceable;

 whichever is shorter.

6 Obligations in relation to aeroplane certification and performance

 6.1Each operator must ensure that operations are only conducted in aeroplanes that are certified in the Transport Category.

 6.2Each operator must ensure that such aeroplanes are operated in accordance with section 20.7.1B.

7 Obligations in relation to flight category and aeroplane requirements

 7.1Unless otherwise approved in writing by CASA, each operator must conduct operations in multi-engined aeroplanes equipped for flight under the instrument flight rules (I.F.R.).

 7.2Subject to paragraphs 7.3, 7.4 and 7.5, unless otherwise approved in writing by CASA, each operator must conduct flights under the I.F.R.

 7.3An operator may conduct flights under the V.F.R. in Class E airspace, if:

(a) the flight is conducted in V.M.C.; and

(b) the pilot in command has, while in Class G airspace, requested air traffic control to follow I.F.R. pick-up procedures; and

(c) the pilot in command is awaiting an air traffic control clearance to operate under the I.F.R. in Class E airspace.

 7.4An operator and a pilot in command who conduct a flight under the V.F.R. in accordance with paragraph 7.3 must, if the aircraft is not climbing, ensure that it maintains an altitude appropriate to a flight under the V.F.R.

 7.5In all other respects, a flight to which paragraph 7.3 applies must be conducted as if it were a flight under the I.F.R.

8 Obligations in relation to flight crew

 8.1Each operator must provide a minimum flight crew of 2 pilots or the number of pilots specified in the aircraft flight manual, whichever is the greater.

 8.2An operator must ensure that a pilot who holds a commercial pilot (aeroplane) licence or a multi-crew pilot (aeroplane) licence does not act as co-pilot of an aeroplane engaged in a high capacity regular public transport operation unless the pilot meets the recent experience requirements applicable to that pilot under paragraphs 11.5, 11.6 and 11.7 of section 40.1.5.

9 Obligations in relation to route and area qualifications

 9.1Subject to paragraph 9.2, an operator must ensure that a pilot does not act as pilot in command of an aircraft engaged in a regular public transport service unless the pilot meets the requirements of subregulation 218 (1).

 9.2Where a pilot has completed an audio-visual briefing as set out in Appendix 2 in respect of a proposed flight, the pilot is to be taken to have met the requirements of subregulation 218 (1) in respect of the aerodrome or route which was the subject of the briefing, if the briefing occurs:

(a) in the case of initial qualification for an aerodrome or route — within the period of 14 days immediately before the flight; or

(b) in the case of re-qualification — within the period of 35 days immediately before the flight.

 9.3Subject to paragraph 9.4 where, in respect of a flight, an aerodrome is nominated solely as an alternate, a pilot who has studied written briefing material about that aerodrome is exempt from the requirements of paragraphs 218 (1) (a) and (b) of the Civil Aviation Regulations 1988 if the study takes place within 14 days immediately before the flight.

 9.4CASA may, in writing, determine that paragraph 9.3 does not apply in relation to a specified aerodrome.

 9.5Each operator must provide for the carriage of a CASA examiner on each inaugural flight to a destination not previously served by the operator.

9A Obligations in relation to international carriage of a copy of the AOC [see Table A]

 Each operator of an aircraft engaged in an international flight must ensure that the pilot in command can present a true and complete hard copy of the following documents to any person who has a lawful right to inspect them before, during or at the end of the flight:

(a) the operator’s current AOC; and

(b) each operational specification (if any) issued in conjunction with the AOC that is relevant to the aircraft.

10 Obligations in relation to foreign registered aircraft

 10.1This subsection applies to foreign registered aircraft only.

 10.2Subject to paragraphs 10.3 and 10.5, an operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

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

(b) is carrying 10 or more passengers;

 must ensure that the aeroplane is not operated under the I.F.R. in regular public transport operations unless it is fitted with a ground proximity warning system (GPWS) that meets the requirements of section 108.36.

 10.3Paragraph 10.2 does not apply to the operator if:

(a) at any time before the aeroplane is operated under the I.F.R. in regular public transport operations, the holder of the certificate authorising the operation of the aeroplane has given to CASA an undertaking in an approved form that the aeroplane will, on or before 1 January 2001, be fitted with an approved GPWS that has a predictive terrain hazard warning function; and

(b) the operations manual provided by the holder of the certificate authorising the operation of the aeroplane sets out the details of a course of training in awareness of controlled flight into terrain; and

(c) the pilot in command of the aeroplane, and (if applicable) any other pilot occupying a control seat in the aeroplane, have completed the course of training.

 10.4Paragraphs 10.2 and 10.3 cease to have effect at the end of 31 December 2000.

 10.5On and after 1 January 2001, an operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

(a) has a maximum take-off weight of more than 15 000 kg or is carrying 10 or more passengers; and

(b) is engaged in regular public transport, or charter, operations;

 must ensure that the aeroplane is not operated under the I.F.R. unless it is fitted with a GPWS being:

(c) an approved GPWS that has a predictive terrain hazard warning function; or

(d) if paragraph 10.6 applies — a GPWS that meets the requirements of section 108.36 (a section 108.36 GPWS).

 10.6Up to the end of June 2005, an aeroplane may be fitted with a section 108.36 GPWS:

(a) if, immediately before 1 January 2001, paragraph 10.2 applied to the aeroplane; or

(b) if the aeroplane first becomes a foreign registered aircraft on or after 1 January 2001 (unless it is an aircraft in respect of which an undertaking has been given under paragraph 9.1A of section 20.18, as in force immediately before 1 January 2001); or

(c) if:

 (i) immediately before 1 January 2001, paragraph 10.2 did not apply to the aeroplane because of paragraph 10.3; and

 (ii) the holder of the AOC authorising the operation of the aeroplane (the AOC holder) provides satisfactory evidence to CASA, in accordance with paragraph 10.7, that it is not possible to fit the aeroplane with an approved GPWS that has a predictive terrain hazard warning function.

 10.7For the purposes of sub-subparagraph 10.6 (c) (ii), evidence is taken to be satisfactory only if it is:

(a) a statement in writing to the AOC holder from the manufacturer of an approved GPWS that has a predictive terrain hazard warning function; or

(b) a statutory declaration by the AOC holder;

 to the effect that the FAA’s list of supplemental type certificates does not include any reference to a supplemental type certificate relating to the fitting of an approved GPWS that has that function.

 10.8 The operator of a foreign registered aircraft must ensure that it complies with the requirements (Directions) in Appendices 4 and 4A. The definitions in Appendix 4 also apply for Appendices 4A and 5.

 10.9If the pilot in command of an aircraft operated under an AOC uses an EFB as a means of complying, or partially complying, with paragraph 233 (1) (h) of the Civil Aviation Regulations 1988, each certificate authorising operations under the AOC is subject to the condition that the AOC holder must comply with, and ensure flight crew compliance with, the applicable requirements in Appendix 9 of Civil Aviation Order 82.0 (CAO 82.0).

 10.10For paragraph 10.9, EFB has the meaning given to it in Appendix 9 of CAO 82.0.

11 Obligations in relation to AOC Holder’s Safety Questionnaire

 11.1CASA may in writing or by electronic means or by facsimile ask an AOC holder to complete an AOC Holder’s Safety Questionnaire (AHSQ) by accurately answering all questions in the AHSQ.

 11.2Each AOC holder must:

(a) comply with the request; and

(b) ensure that the AHSQ is completed and submitted not later than 28 days after being asked by CASA.

 11.3An AOC holder may before the end of the 28 day period apply in writing to CASA for an extension.

 11.4CASA may grant the extension subject to conditions.

12 Obligation to preserve cockpit voice recorder and flight data recorder records

 12.1This subsection applies if:

(a) there is an immediately reportable matter for an aircraft; and

(b) there is a cockpit voice recorder or flight data recorder record for the matter.

Note 1   See section 18 of the Transport Safety Investigation Act 2003 (the TSI Act) for the requirement to report an immediately reportable matter.

Note 2   Under section 24 of the TSI Act, it is an offence to hinder an investigation under the Act.

Note 3   Under subsection 43 (1) of the TSI Act, the Chief Commissioner of the Australian Transport Safety Bureau (ATSB) may direct that specified things, or things in a specified class, must not be removed or interfered with except with his or her permission. Under subsection 43 (3) of the Act, contravention of a direction is an offence.

 12.2Each AOC holder must preserve cockpit voice recorder and flight data recorder records (the records) in accordance with this subsection.

Note   This paragraph does not affect the obligations that exist under the TSI Act to report immediately reportable matters to the responsible authority.

 12.3The AOC holder must ensure that the records are preserved as follows:

(a) if the responsible authority notifies the holder that the records need not be preserved — until the date the notification is given to the holder; or

(b) if the responsible authority notifies the holder that the records must be preserved until a date stated in the notice — until the stated date, or until a later stated date if a second or subsequent notification is given to the holder before the previous notification expires; or

(c) if the responsible authority does not notify the holder as mentioned in subparagraph (a) or (b) within the 30 days after the matter occurred — until the end of the 30 days.

Note 1  Notification may be in writing, or if oral, may be confirmed in writing. Use of electronically recorded communications on the official telephone line enables the responsible authority to communicate its decision immediately, if appropriate, while providing factual evidence that the decision was communicated.

Note 2   ATSB has procedures to ensure that its communications on the official telephone line are acknowledged as understood.

 12.4The holder must ensure that, despite paragraph 12.2, a person on board the holder’s aircraft must not disable or switch off the aircraft’s cockpit voice recorder or flight data recorder during flight.

 12.5In this subsection:

immediately reportable matter has the meaning given by subsection 3 (1) of the TSI Act.

notifies means informs orally or in writing.

official telephone line means the telephone line that is:

(a) nominated by the responsible authority for the reporting of immediately reportable matters; and

(b) published in an official aeronautical information publication.

Note   For example, the nominated official telephone line for reporting immediately reportable matters to the ATSB is toll-free call 1800 011 034 as published in the AIP.

responsible authority means the ATSB established by section 12 of the TSI Act.

Appendix 1

 Paragraph 2.3

 Facilities and documentation

 1 Facilities

 1.1 Each operator must provide and maintain at least the following facilities:

(a) an operating headquarters through which CASA may communicate with the person or persons responsible for any aspect of the operations conducted under the terms of the certificate;

(b) buildings at each place where operating crew are based of adequate size and suitable for the conduct of the operator’s operations;

(c) facilities for operational planning and the storage and display of essential records, with office services to ensure that operational instructions and information of an essential nature are produced and circulated without delay;

(d) at each port serviced by the operator, a set of weighing scales suitable for determining passenger and cargo weight;

(e) training facilities and aids as required by Appendix 2.

 2 Documentation

 2.1 Each operator must provide and maintain:

(a) at each operating base where the operator maintains flight crew rostering staff — an operations library of maps, charts, flight guides and other documents required for carriage in flight or for reference or planning purposes;

(b) a reference library of operational documents which is readily available to all operating crew and staff and which includes:

 (i) operations manuals; and

 (ii) training and checking manuals; and

 (iii) dangerous goods manuals; and

 (iv) a Maintenance Manual; and

 (v) a copy of the Act, the Civil Aviation Regulations 1988, the Civil Aviation Regulations 1998 and those Parts of the Civil Aviation Orders that apply to operator’s operations.

 2.2 The documentation referred to in subclause 2.1 must be kept in an orderly fashion and must be regularly updated and the responsibility for its maintenance must be clearly defined.

 2.3 Each operator must distribute updated operational material to flight crews and other operating staff as appropriate, and must maintain records of that distribution.

 2.4 Each operator must maintain:

(a) up-to-date records showing the recent experience status of each flight crew member and the currency of medical certificates, ratings and endorsements held by each such member; and

(b) up-to-date records showing the flight time and duty time achieved by each flight crew member for the periods set out in Part 48 of the Orders; and

(c) records showing each flight crew member’s recent experience for the purposes of crew duty and route and aerodrome qualifications; and

(d) current flight crew rosters; and

(e) load sheets and passenger and cargo manifests as required by section 20.16.1; and

(f) fuel records as required by regulation 220; and

(g) training and checking records as required by Appendix 2.

Appendix 1A

Subsections 2A.2, 2A.3 and 2AA

Protection of safety information

Note   The requirements in this Appendix, and related provisions of the Order, implement Australia’s obligations as a Contracting State under section 5.3 of Annex 19 to the Chicago Convention. These obligations relate to the protection of safety data and safety information, as defined in Annex 19. Section 5.3 of Annex 19 sets out standards and recommended practices for Contracting States.

1 Objective

  The objective of this Appendix is to ensure the continued availability of safety information by restricting its use for purposes other than maintaining or improving aviation safety.

Note 1   Safety information is defined in paragraph 1B.1. In this Order, safety information includes safety data as defined in Chapter 2 of Annex 19.

Note 2   Operators may refer to Chapter 7 of the ICAO Safety Management Manual for guidance regarding the application of this Appendix. Chapter 7 sets out guidance for operators (“service providers”), aviation regulatory authorities and others regarding the implementation of the principles for the protection of safety data and information that are in Appendix 3 to Annex 19. This Appendix is based upon Appendix 3 to Annex 19.

2 Principles of protection

 2.1 Subject to clause 3, an operator must comply with the principles of protection mentioned in subclause 2.2.

 2.2 The principles of protection are:

(a) the operator must not use safety information, or make safety information available for use, against an employee or operational personnel working under an arrangement with the operator, for disciplinary or punitive purposes; and

(b) the operator must not disclose or release, publicly or to any person outside the operator’s organisation, safety information from which the identity of the person who reported the information, or any person whose acts or omissions are reflected in the reported information, can be ascertained, unless:

 (i) the safety information is voluntarily provided to CASA; or

 (ii) the disclosure or release of the safety information is required by law; or

 (iii) the person who reported the information and any other person named or identified in the safety information involved has given permission for the disclosure or release of the information.

Note 1   For subparagraph 2.2 (b) (ii), examples of circumstances where the disclosure or release is required by law are if CASA gives an operator a notice:

(a)     under regulation 301 of CAR — to surrender to CASA a specified document containing safety information; or

(b)    under regulation 11.075 of CASR — to give CASA specified safety information or a specified document containing safety information.

Note 2   Information regarding how CASA uses safety information that it obtains under the regulations, including for the purposes of enforcement of civil aviation legislation, is provided in CASA Directive 02-0053, Limitations on the Use of Safety Information, as it exists from time to time. CASA also has obligations under the Privacy Act 1988 relating to personal information included in any safety information that it obtains.

Note 3   An operator may also have obligations under any privacy legislation that applies to the operator regarding the collection, use and disclosure of personal information included in safety information.

2.3 This clause does not prevent an operator from using safety information for the purposes of taking preventive, corrective or remedial action that is necessary to maintain or improve safety.

Note   An example of the use of safety information for these purposes is its use by an operator for internal training purposes.

3 Principles of exception

  An operator does not have to comply with a principle of protection if the designated person for principles of exception determines, in accordance with procedures set out in the SMS of the operator, that at least 1 of the following principles of exception applies in relation to the principle of protection:

(a) there are facts and circumstances that reasonably indicate that the occurrence or event concerning which the safety information has been generated, captured, collected or held is likely to have been caused by an act or omission constituting gross negligence, recklessness, or wilful and deliberate misconduct;

(b) there are facts and circumstances that reasonably indicate that the occurrence or event reflected in safety information is part of a pattern of repetitive conduct, reflected in acts or omissions involving the same or substantially similar conduct by the same person over a relevant period of time.

4 Action taken to maintain or improve aviation safety not disciplinary or punitive

  For the purposes of clause 2, the use of safety information in support of action taken by an operator in accordance with this Appendix and the related provisions of this Order, for the purpose of maintaining or improving aviation safety, is not to be regarded or characterised as being for disciplinary or punitive purposes.

Appendix 2

 Paragraph 3.2

 Training and checking organisation

 1 General

 1.1 A training and checking organisation provided by an operator:

(a) must be wholly contained within the operator’s organisational structure; and

(b) must be wholly responsible to the operator for the standard of flight operations.

 2 Management

 2.1 Each operator must appoint a person to be the training and checking manager (however called) who has the overall responsibility for the effective management of the training and checking organisation. The appointment of the person is subject to the prior approval of CASA and the appointment is not to be varied without CASA’s prior consent.

 2.2 The person appointed under paragraph 2.1 must possess extensive experience as a check captain and is required to maintain, for the duration of his or her appointment:

(a) unless otherwise approved in writing by CASA — an air transport pilot (aeroplane) licence and a command endorsement for a major aeroplane type in current service with the operator; and

(b) a current command instrument rating; and

(c) a current check captain approval on a major aeroplane type in current service with the operator.

 2.3 Each operator must provide sufficient additional persons having experience and qualifications acceptable to CASA to supervise the competence of operating crew members on each aeroplane type in current service with the operator and to ensure the maintenance of operational standards. The number of persons so provided is subject to the approval of CASA.

 2.4 All persons appointed to a position with the training and checking organisation must be in the full-time employment of the operator.

 2.5 Paragraph 2.4 will be satisfied in respect of a person provided under contract or lease from another organisation, if, for the duration of the contract or lease:

(a) the operator assigns the hours to be worked by that person; and

(b) the operator assigns the duties to be carried out by that person; and

(c) the person is responsible to the operator for the manner in which his or her assigned duties are carried out; and

(d) the contracting or leasing organisation does not require the person to carry out duties other than those assigned by the operator, except that the person may compile and complete such reports relating to the conduct of the contract or lease as the contracting or leasing organisation may reasonably require.

 3 Ground facilities, equipment and training aids

 3.1 Each operator must provide adequate office accommodation for the training and checking manager and his or her staff and must supply such administrative services support as may be necessary.

 3.2 Each operator must provide an enclosed room or rooms suitable for the conduct of such briefings, interviews or special instruction as may be associated with the conduct of flight crew licence renewal tests or proficiency demonstrations. The room or rooms so provided must be furnished in such a manner as to facilitate their intended purpose.

 3.3 Each operator must provide an area suitable for the periodic demonstrations of proficiency in emergency procedures required by section 20.11 and must make available such items of emergency equipment as may be necessary.

 3.4 An operator proposing to conduct pilot engineering ground training must submit, for the approval of CASA, a detailed statement of the ground facilities proposed, including:

(a) the number, size and location of classrooms; and

(b) the number of students to be accommodated by each classroom and the facilities provided for each student; and

(c) the number and types of training aids provided; and

(d) the provision for lighting and darkening the classrooms; and

(e) the provisions for heating and/or cooling the classrooms where climatic conditions require it; and

(f) the training notes or manuals to be issued to each student; and

(g) the examinations used to assess student performance; and

(h) the facilities for the production of such notes, manuals, charts, slides or other consumable aids as may be proposed.

 3.5 Audio-visual briefing facilities

 3.5.1 Each operator proposing to conduct audio-visual briefing for the purposes of subsection 9 of this section must provide:

(a) the facilities described in paragraph 3.5.2 that are approved by CASA; or

(b) such other facilities as CASA may accept as equivalent.

 3.5.2 Each operator seeking credit for audio-visual briefing must provide the following facilities and equipment:

(a) a still 35mm slide projector of a type capable of being viewed in daylight and with a screen area not less than 625cm2;

(b) a cassette tape recorder capable of being synchronised to the slide projector;

(c) a set of 35mm photographic colour slides complying with paragraph 3.6.1 in respect of each aerodrome for which entry credit is sought;

(d) a set of 35mm photographic colour slides complying with paragraph 3.7.1 in respect of each route for which route credit is sought;

(e) a pre-recorded cassette tape for each set of 35mm slides, complying with paragraph 3.6.3 or 3.7.1 as appropriate;

(f) written summaries of each cassette tape, to be available to flight crew members at the time of the audio-visual briefing;

(g) a room for the purpose of conducting audio-visual briefings, containing suitable seating, storage and cataloguing facilities.

 3.6 Aerodrome entry

 3.6.1 For the purposes of 3.5.2 (c), the set of photographic slides must cover at least:

(a) geographic location of the aerodrome; and

(b) general view of the aerodrome and the surrounding terrain; and

(c) diagram of the usual method of instrument or visual approach if there are abnormal features or irregularities in that approach; and

(d) the approach to each runway used by the operator’s aircraft; and

(e) tarmac or parking area; and

(f) such other views as may be necessary to adequately cover obstructions or peculiarities in the local area.

 3.6.2 Where day services are scheduled, day scenes must be provided, and where night services are scheduled, night scenes must be provided. Artwork may be used to draw attention to specific areas or items.

 3.6.3 For the purposes of 3.5.2 (e), the pre-recorded cassette commentary must be matched to the corresponding photographic slides and must cover at least:

(a) geographic location; and

(b) location in the flight network, including diversion routes; and

(c) local terrain; and

(d) weather; and

(e) navigational aids; and

(f) communications and traffic; and

(g) aerodrome details; and

(h) description of the approach and other views as appropriate; and

(i) tarmac and ground facilities.

 3.7 Briefing for route qualification

 3.7.1 For the purposes of 3.5.2 (c) and 3.5.2 (e), the briefing for route qualifications is to consist of a set of 35mm colour slides and a matched pre-recorded cassette tape covering as many of the following points as may be relevant to the route under discussion:

(a) geographic location of the aerodromes comprising the route;

(b) administration:

 (i) local time zones;

 (ii) documentation to be carried;

 (iii) prerequisite qualifications (e.g. physical entry or audio-visual briefing for any of the en-route aerodromes);

 (iv) customs, health and immigration requirements for crew and/or passengers;

 (v) fuel policy;

 (vi) special equipment or extra personnel to be carried;

(c) navigation and flight-planning:

 (i) planned route and alternates/emergency airfields;

 (ii) special navigational techniques or limitations;

 (iii) controlled airspace/restricted airspace;

 (iv) maps and charts;

 (v) flight planning;

 (vi) weather;

(d) in-flight procedures:

 (i) communications;

 (ii) altimetry and Air Traffic Control procedures;

 (iii) reporting points;

(e) other relevant information.

 4 Training and checking manual

 4.1 Each operator must provide a training and checking manual for the use and guidance of persons appointed within the training and checking organisation and must furnish copies of the manual to:

(a) CASA; and

(b) all operating crew members assigned to checking and/or training duties.

 4.2 The training and checking manual must include the following material:

(a) the structure of the training and checking organisation and the assignment of duties and responsibilities to the appointments within the organisation;

(b) course outline, detailed syllabus, completion standards and specimen record forms for each flight or simulator training program currently in use;

(c) minimum qualifications and experience for check captains;

(d) flight time limitations and recent experience for pilots engaged in flight checking or training duties;

(e) training checklists (if applicable) and the occasions on which their use is authorised;

(f) command responsibility during training and checking flights, including licence renewal proficiency checks;

(g) minimum numbers of crew and minimum crew qualifications for specified types of training;

(h) general restrictions, specifications or safety precautions for flight training (e.g. fuel load, ballast, minimum weather conditions);

(i) prescribed methods of conducting various training sequences including:

 (i) technique and standard to be achieved; and

 (ii) common faults; and

 (iii) method of simulating emergencies and/or malfunctions;

(j) procedure to be followed when a satisfactory standard is not achieved.

 4.3 The material referred to in paragraph 4.2 is subject to the approval of CASA and is not to be varied without CASA’s prior approval, although the operator may include additional material for information and guidance without CASA’s approval.

 5 Training methods

 5.1 Each operator must maintain a training file in respect of each flight crew member, recording at least:

(a) each ground training course completed or attempted, including the results for each phase or subject and the final assessment of the standard achieved; and

(b) each endorsement training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of tests or checks; and

(c) each flight or simulator proficiency check completed or attempted, including the number of times each exercise was undertaken and the results of the checks; and

(d) each period of training, other than training referred to in paragraph (a), (b) or (c), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved.

Appendix 3

 Paragraph 3.4

 1 Operations manual

 1.1 Each operator must include the following information in the operator’s operations manual:

(a) aircraft operating limitations;

(b) all normal, abnormal and emergency operating procedures for those aircraft;

(c) all aircraft operating check lists, amplified where necessary;

(d) aircraft performance and flight planning data including specific instructions for the computation of fuel and oil to be carried, having regard to all the circumstances of operation including the possibility of failure of 1 or more power plants or pressurisation failure;

(e) procedures for navigation by means of the navigation equipment provided;

(f) procedures for maintaining radio communication and conformity with air traffic control;

(g) the operating crew complement for all operations including the designation of the succession of command;

(h) instructions outlining the responsibilities of all crew members pertaining to the conduct of operations including in-flight emergency duties assigned to each crew member;

(i) instructions which will ensure that the pilot in command will have, for each flight, detailed information with respect to communications, navigation aids, instrument approach procedures, and other such information as the operator considers to be necessary for the routes to be operated;

(j) instructions for determining that the aircraft weight and distribution of load are within the approved limits;

(k) instructions for determining that the aircraft performance is adequate under the prevailing conditions in respect of the runway to be used and that the aircraft will meet all the obstacle clearance and climb gradient requirements;

(l) information as to the conditions under which oxygen must be used;

(m) the permissible unserviceability schedule;

(n) procedures for the use of emergency equipment and passenger handling in an emergency;

(o) procedures for operating in severe weather conditions involving ice, hail, thunderstorms, turbulence or potentially hazardous meteorological conditions;

(p) procedures and instructions relating to the handling and carriage of dangerous goods;

(q) such operational specifications as may be prescribed by CASA from time to time.

 1.2 Each operator must include separate specific sections in the operations manual devoted to:

(a) operational specifications; and

(b) permissible unserviceabilities.

 1.3 Each operator must ensure that the presentation and form of the operations manual is such that it:

(a) can be conveniently carried; and

(b) permits quick, clear and accurate reference; and

(c) has amendment procedures designed to avoid error; and

(d) is durable.

Appendix 4

Paragraph 10.8

Directions relating to carriage and use of automatic dependent surveillance – broadcast equipment

 1 In this Appendix:

ADS-B means automatic dependent surveillance – broadcast.

ADS-B test flight means a flight to prove ADS-B transmitting equipment that is newly installed on the aircraft undertaking the flight.

aircraft means a foreign aircraft.

aircraft address means a unique code of 24 binary bits assigned to an aircraft by or under the authority of an NAA for the purpose of air to ground communication, navigation and surveillance.

approved equipment configuration means an equipment configuration that:

(a) meets the conditions for approval set out in Appendix 5; or

(b) is approved in writing by CASA.

Note   Equipment configurations approved by CASA are published in Appendix D of Advisory Circular 21-45.

ATC means air traffic control.

EASA means the European Aviation Safety Agency.

EASA AMC 20-24 means EASA document AMC 20-24 titled Certification Considerations for Enhanced ATS in Non-Radar Areas using ADS-B Surveillance (ADS-B-NRA) via 1090 MHZ Extended Squitter, dated 2 May 2008.

EHS DAPs means enhanced surveillance downlink of aircraft parameters.

ETSO means European Technical Standard Order of the EASA.

FAA means the Federal Aviation Administration of the United States.

FDE means Fault Detection and Exclusion, a feature of a GNSS receiver that excludes faulty satellites from position computation.

FL 290 means flight level 290.

Note   Flight level 290 is defined in subregulation 2 (1) of CAR 1988.

GNSS means the Global Navigation Satellite System installed in an aircraft to continually compute the position of the aircraft by use of the GPS.

GPS means the Global Positioning System.

HPL means the Horizontal Protection Level of the GNSS position of an aircraft as an output of the GNSS receiver or system.

Mode A is a transponder function that transmits a 4-digit octal identification code for an aircraft when interrogated by an SSR, the code having been assigned to the aircraft by ATC for the relevant flight sector.

Mode A code is the 4-digit octal identification code transmitted by a Mode A transponder function.

Mode C is a transponder function that transmits a 4-digit octal code for an aircraft’s pressure altitude when interrogated by an SSR.

Mode C code is the 4-digit octal identification code transmitted by a Mode C transponder function.

Mode S is a monopulse radar interrogation technique that improves the accuracy of the azimuth and range information of an aircraft, and uses a unique aircraft address to selectively call individual aircraft.

NAA has the same meaning as in regulation 1.4 of the Civil Aviation Safety Regulations 1998.

Note   “NAA, for a country other than Australia, means:

(a) the national airworthiness authority of the country; or

(b) EASA, in relation to any function or task that EASA carries out on behalf of the country.”

NIC means Navigation Integrity Category as specified in paragraph 2.2.3.2.7.2.6 of RTCA/DO-260A.

NUCp means Navigation Uncertainty Category — Position as specified in paragraph 2.2.8.1.5 of RTCA/DO-260.

RTCA/DO-229D means document RTCA/DO-229D titled Minimum Operational Performance Standards for Global Positioning System/Wide Area Augmentation System Airborne Equipment, dated 13 December 2006, of the RTCA Inc. of Washington D.C. USA (RTCA Inc.).

RTCA/DO-260 means RTCA Inc. document RTCA/DO-260 titled Minimum Operational Performance Standards for 1090 MHz Automatic Dependent Surveillance – Broadcast, dated 13 September 2000.

RTCA/DO-260A means RTCA Inc. document RTCA/DO-260A titled Minimum Operational Performance Standards for 1090 MHz Automatic Dependent Surveillance – Broadcast (ADS-B) and Traffic Information Services – Broadcast (TIS-B), dated 10 April 2003.

SA means Selective Availability, and is a function of the GPS that has the effect of degrading the accuracy of the computed GPS position of a GNSS-equipped aircraft.

SSR means a secondary surveillance radar system that is used by ATC to detect an aircraft equipped with a radar transponder.

TSO means Technical Standard Order of the FAA.

Note   NAA is defined in regulation 1.4 of the Civil Aviation Safety Regulations 1998.

 2 If an aircraft carries ADS-B transmitting equipment for operational use in Australian territory, the equipment must comply with an approved equipment configuration.

 3 If an aircraft carries serviceable ADS-B transmitting equipment for operational use in Australian territory, the equipment must transmit:

(a) a flight identification that corresponds exactly to the aircraft identification mentioned on the flight notification filed with, or relayed to air traffic control (ATC) for the flight; or

(b) another flight identification directed or approved by ATC.

 4 If an aircraft carries serviceable ADS-B transmitting equipment that complies with an approved equipment configuration, the equipment must be operated continuously during the flight in all airspace at all altitudes unless the pilot is directed or approved otherwise by ATC.

 5 If an aircraft carries ADS-B transmitting equipment which does not comply with an approved equipment configuration, the aircraft must not fly in Australian territory unless the equipment is:

(a) deactivated; or

(b) set to transmit only a value of zero for the NUCp or NIC.

Note   It is considered equivalent to deactivation if NUCp or NIC is set to continually transmit only a value of zero.

 6 However, the equipment need not be deactivated as mentioned in clause 5 if the aircraft is undertaking an ADS-B test flight in VMC in airspace below FL 290.

 7 Subject to clause 8, on and after 12 December 2013, if an aircraft operates at or above FL 290, it must carry serviceable ADS‑B transmitting equipment that complies with an approved equipment configuration.

 7ASubject to clause 8, on and after 2 February 2017, an aircraft that is operated under the I.F.R. must carry serviceable ADS-B equipment that complies with an approved equipment configuration.

 8 Clauses 7 and 7A do not apply to an aircraft if:

(a) the aircraft owner, operator or pilot has written authorisation from CASA for the operation of the aircraft without the ADS-B transmitting equipment; or

(b) the equipment is unserviceable for a flight, and each of the following applies:

 (i) the flight takes place within 3 days of the discovery of the unserviceability; and

 (ii) at least 1 of the following applies for the flight:

(A) flight with unserviceable instruments or equipment has been approved by CASA, subject to such conditions as CASA specifies;

(B) the unserviceability is a permissible unserviceability set out in the minimum equipment list as approved by the NAA of the State of registration of the aircraft;

(C) CASA has approved the flight with the unserviceable equipment and any applicable conditions that CASA has specified in writing have been complied with; and

 (iii) ATC clears the flight before it commences despite the unserviceability.

Appendix 4A

  Paragraph 10.8

Standards for Mode S transponder equipment

 1If the aircraft carries Mode S transponder equipment (the equipment), the equipment must meet the standards set out in this Appendix.

 2The equipment must be of a type that is authorised by:

(a) the FAA, in accordance with TSO-C112 as in force on 5 February 1986, or a later version as in force from time to time; or

(b) EASA, in accordance with ETSO-C112a as in force on 24 October 2003, or a later version as in force from time to time; or

(c) CASA, in accordance with an instrument of approval of the type.

Note 1   CASA Advisory Circular 21-46 provides guidelines on Mode S transponder equipment.

Note 2   If Mode S transponder equipment incorporates ADS-B functionality, the standards set out in Appendix 4 for ADS-B transmitting equipment will also apply to the Mode S transponder equipment.

 3The aircraft address entered into the equipment must exactly correspond to the aircraft address assigned to the aircraft by the NAA of the State of registration of the aircraft.

 4The equipment must transmit each of the following when interrogated on the manoeuvring area of an aerodrome or in flight:

(a) the aircraft address;

(b) the Mode A code;

(c) the Mode C code;

(d) subject to clause 6, the aircraft flight identification in accordance with clause 5.

 5The aircraft flight identification must:

(a) if a flight notification is filed with ATC for the flight — correspond exactly with the aircraft identification mentioned on the flight notification; or

(b) if no flight notification is filed with ATC for the flight — be the aircraft’s nationality and registration mark; or

(c)      be another flight identification directed or approved for use by ATC.

 6Mode S transponder transmission of the aircraft flight identification is optional for any aircraft that was first registered in its State of registration before 9 February 2012 (an older aircraft). However, if an older aircraft is equipped to transmit, and transmits, an aircraft flight identification then that aircraft flight identification must be in accordance with clause 5.

 7If the equipment transmits any Mode S EHS DAPs, the transmitted DAPs must comply with the standards set out in paragraph 3.1.2.10.5.2.3 and Table 3-10 of Volume IV, Surveillance and Collision Avoidance Systems, of Annex 10 of the Chicago Convention.

Note 1   Paragraph 3.1.2.10.5.2.3 includes 3.1.2.10.5.2.3.1, 3.1.2.10.5.2.3.2 and 3.1.2.10.5.2.3.3.

Note 2   Australian Mode S SSR are EHS DAPs-capable, and operational use of EHS DAPS is to be introduced in Australia. Implementation of Mode S EHS DAPs transmissions that are not in accordance with the ICAO standards may be misleading to ATC. Operators need to ensure that correct parameters are being transmitted.

 8If the equipment is carried in an aircraft first registered in its State of registration on or after 9 February 2012:

(a) having a certificated maximum take-off weight above 5 700 kg; or

(b) that is capable of normal operation at a maximum cruising true air speed above 250 knots;

 the equipment’s receiving and transmitting antennae must:

(c) be located in the upper and lower fuselage; and

(d) operate in diversity, as specified in paragraphs 3.1.2.10.4 to 3.1.2.10.4.5 (inclusive) of Volume IV, Surveillance and Collision Avoidance Systems, of Annex 10 of the Chicago Convention.

Note   Paragraph 3.1.2.10.4.2.1 is recommendatory only.

Appendix 5

Paragraph 10.8 and definition of approved equipment configuration
in clause 1 of Appendix 4

Part A

 Approved equipment configuration

 1An equipment configuration is approved if it complies with the standards specified in Part B or Part C of this Appendix.

Part B

 ADS-B transmitting equipment — standard for approval

 2ADS-B transmitting equipment must be of a type that:

(a) is authorised by the FAA in accordance with TSO-C166 as in force on 20 September 2004, or a later version as in force from time to time; or

(b) meets the following requirements:

 (i) the type must be accepted by CASA as meeting the specifications in RTCA/DO-260 dated 13 September 2000, or a later version as in force from time to time;

 (ii) the type must utilise HPL at all times HPL is available; or

(c) is otherwise authorised, in writing, by CASA for the purposes of subsection 9B of Civil Aviation Order 20.18 as being equivalent to one of the foregoing types.

 GNSS position source equipment — standard for aircraft manufactured on or after 8 December 2016

 3For an aircraft manufactured on or after 8 December 2016, the geographical position transmitted by the ADS-B transmitting equipment must be determined by:

(a) a GNSS receiver of a type that is authorised by the FAA in accordance with TSO‑C145a or TSO‑C146a as in force on 19 September 2002, or a later version as in force from time to time; or

(b) a GNSS receiver of a type that is authorised by the FAA in accordance with TSO‑C196 as in force on 9 September 2009, or a later version as in force from time to time; or

(c) a GNSS receiver or system which meets the following requirements:

 (i) is certified by an NAA for use in flight under the I.F.R.;

 (ii) has included in its specification and operation the following:

(A) FDE, computed in accordance with the definition at paragraph 1.7.3 of RTCA/DO-229D;

(B) the output function HPL, computed in accordance with the definition at paragraph 1.7.2 of RTCA/DO-229D;

(C) functionality that, for the purpose of HPL computation, accounts for the absence of the SA of the GPS in accordance with paragraph 1.8.1.1 of RTCA/DO-229D; or

(d) another equivalent system authorised in writing by CASA.

Note   The following GNSS receivers meet the requirements of clause 3, namely, those certified to TSO-C145a or TSO‑C146a, or later versions, or those manufactured to comply with TSO-C196.

 GNSS position source equipment — standard for aircraft manufactured before 8 December 2016

 4For an aircraft manufactured before 8 December 2016, the geographical position transmitted by the ADS-B transmitting equipment must be determined by:

(a) a GNSS receiver or system that complies with the requirements of clause 3, other than sub‑subparagraph 3 (c) (ii) (C) which is optional; or

(b) an equivalent GNSS receiver or system that has been approved in writing by CASA.

Note   The following GNSS receivers meet the requirements of clause 4, namely, those certified to TSO-C145a or TSO‑C146a, or later versions, or those manufactured to comply with TSO-C196. Some later versions of GNSS receivers certified to TSO‑C129 may also meet the requirements, i.e. those having FDE and HPL features incorporated.

 Altitude source equipment — standard

 5The pressure altitude transmitted by the ADS-B transmitting equipment must be determined by:

(a) a barometric encoder of a type that is authorised by:

 (i) the FAA in accordance with TSO-C88a as in force on 18 August 1983, or a later version as in force from time to time; or

 (ii) EASA in accordance with ETSO-C88a as in force on 24 October 2003, or a later version as in force from time to time; or

(b) another equivalent system authorised in writing by CASA.

 Aircraft address — standard

 6Unless otherwise approved in writing by CASA, the ADS-B transmitting equipment must:

(a) transmit the current aircraft address; and

(b) allow the pilot to activate and deactivate transmission during flight.

Note   The requirement in paragraph 6 (b) is met if the ADS-B transmitting equipment has a cockpit control that enables the pilot to turn the ADS-B transmissions on and off.

Part C

 Alternative approved equipment configuration — standard for aircraft manufactured on or after 8 December 2016

 7For an aircraft manufactured on or after 8 December 2016, an equipment configuration is approved if:

(a) it has been certified by EASA as meeting the standards of EASA AMC 20‑24; and

(b) the aircraft flight manual attests to the certification; and

(c) the GNSS receiver or system complies with the requirements of clause 3 in Part B.

 Alternative approved equipment configuration — standard for aircraft manufactured before 8 December 2016

 8For an aircraft manufactured before 8 December 2016, an equipment configuration is approved if:

(a) it has been certified by EASA as meeting the standards of EASA AMC 20‑24; and

(b) the aircraft flight manual attests to the certification; and

(c) the GNSS receiver or system complies with the requirements of clause 4 in Part B.

Notes to Civil Aviation Order 82.5

Note 1

The Civil Aviation Order (in force under the Civil Aviation Act 1988) as shown in this compilation comprises Civil Aviation Order 82.5 amended as indicated in the Tables below.

Table of Orders

Table A Application, saving or transitional provisions

Civil Aviation Order 82.5 Amendment Order (No. 1) 2009 (F2009L00233)

3 Application

 (1)Unless CASA approves otherwise in writing for an operator, amendment 1 in Schedule 1 applies to each operator on and from:

(a) 1 July 2009; or

(b) if the operator notifies an earlier date in writing to CASA — that date.

 (2)Unless CASA approves otherwise in writing for an operator, amendment 2 in Schedule 1 applies to each operator on and from:

(a) 1 February 2010; or

(b) if the operator notifies an earlier date in writing to CASA — that date.

Note   AOC holders may chose to have their operations governed by the new arrangements from a date before 1 July 2009 (for SMS), or before 1 February 2010 (for human factors and non-technical skills training).

 (3)Amendment 5 in Schedule 1 applies to each operator on and from 1 December 2009.

The amendments referred to in the application provision are set out below:

Amendments

 [1] Subparagraph 2.1 (a)

   substitute

 (a) establish and maintain an appropriate organisation, with a sound and effective management structure that uses a safety management system approved by CASA; and

   Note   Guidance on what CASA will consider in deciding whether to approve an SMS is contained in the following (the CAAP SMS package):

 (a) CAAP SMS-1(0) — Safety Management Systems for Regular Public Transport Operations;

 (b) CAAP SMS-2(0) — Integration of Human Factors (HF) into Safety Management Systems (SMS);

 (c) CAAP SMS-3(0) — Human Factors and Non-Technical Skills Training for Regular Public Transport Operations.

 [2] After subparagraph 2.1 (b)

   insert

 ; and (c) have a program, approved by CASA, to train and assess personnel in human factors and non-technical skills with the aim of minimising human error.

   Note   The CAAP SMS package contains guidance on what CASA will consider in deciding whether to approve a program for human factors and non-technical skills training.

 [5] After subsection 9

   insert

 9A Obligations in relation to international carriage of a copy of the AOC

   Each operator of an aircraft engaged in an international flight must ensure that the pilot in command can present a true and complete hard copy of the following documents to any person who has a lawful right to inspect them before, during or at the end of the flight:

 (a) the operator’s current AOC; and

 (b) each operational specification (if any) issued in conjunction with the AOC that is relevant to the aircraft.

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

3 Definitions

 (1)In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

 (2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31 Transitional — application of Civil Aviation Orders

 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.