Part 91 MOS Amendment Instrument 2023 (No. 1)

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 91.040 and 201.025 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

5 April 2023

1 Name of instrument

This instrument is the Part 91 MOS Amendment Instrument 2023 (No. 1).

Note MOS is short for Manual of Standards.

2 Commencement

This instrument commences on the day after it is registered.

3 Amendment of Part 91 Manual of Standards

Schedule 1 amends the Part 91 (General Operating and Flight Rules) Manual of Standards 2020.

Schedule 1 Amendment

[1] Paragraph 14.04 (1) (a), the Note

repeal and substitute

Note GNSS cannot be used to substitute for the VOR or NDB: see subsection 14.05 (1A).

[2] Subparagraph 20.01 (2) (c) (iv)

omit

a seat

insert

a seat or a stretcher

[3] After subsection 20.03 (3)

insert

(4) Despite subsections (1) and (2), an infant, or a child under the age of 6, who is a medical patient described in subparagraph 20.01 (2) (c) (iv), is restrained if:

(a) the infant or child is carried in the arms or on the lap (the relevant position) of an adult occupying a seat or a stretcher; and

(b) the adult’s restraint (however described in the applicable procedures in the operator’s exposition for subparagraph 20.01 (2) (c) (iv)) is not fastened around the infant or child; and

(c) the infant or child is restrained in the relevant position in a manner determined by the operator to be appropriate for the circumstances.

[4] Paragraph 21.05 (1) (d)

repeal and substitute

(d) subject to subsections (1A) and (1B), ensure that reports to the ATC service are made in accordance with Table 21.05 (1); and

[5] After subsection 21.05 (1A)

insert

(1B) Despite paragraph (1) (d), for item 5 of Table 21.05 (1), a report to correct a previously reported incorrect position estimate (a previous estimate) is not required if an aircraft’s position is being automatically reported by an ADS-C system, unless the previous estimate was:

(a) from a flight crew member and not the ADS-C; or

(b) due to a flight crew member initiated action.

Note An example of a flight crew member initiated action is a manually initiated speed change.

[6] After subsection 21.06 (2)

insert

(2A) Despite paragraph (1) (a), for item 5 of Table 21.06 (1), a report to correct a previously reported incorrect position estimate (a previous estimate) is not required if an aircraft’s position is being automatically reported by an ADS-C system, unless the previous estimate was:

(a) from a flight crew member and not the ADS-C; or

(b) due to a flight crew member initiated action.

Note An example of a flight crew member initiated action is a manually initiated speed change.

[7] After subsection 26.48 (3)

insert

(3A) Without affecting paragraph (1) (b) (but subject to subsection (4)), subsection (2) does not apply to a single-engine aircraft if:

(a) the aircraft is a single-seat aircraft; or

(b) the aircraft flight is for a purpose related to any of the following:

(i) the aircraft’s manufacture;

(ii) the preparation or delivery of the aircraft following its purchase or transfer of operator;

(iii) the positioning of an Australian aircraft from a location outside Australia to any place at which any ELTs required to be fitted to the aircraft by this Division will be registered with AMSA; or

(b) the aircraft is:

(i) fitted with an operative radio capable, in the event of an emergency, of alerting an appropriate person in relation to the emergency; or

(ii) otherwise capable of continuous communication with a person on the ground during the aircraft’s flight.

[8] Paragraph 26.65 (1) (b)

omit

Talgarno

insert

Anna Plains

[9] Section 26.67, Definitions

insert

UK CAP 1391 means Civil Aviation Authority of the United Kingdom document number CAP 1391 titled Electronic conspicuity devices, 2nd edition, dated April 2018, or any later edition.