CASA 61/14 – Direction – use of ADS-B in foreign aircraft engaged in private operations (Cth)

CASA 61/14 – Direction – use of ADS-B in foreign aircraft engaged in private operations

(as amended)

made under subregulation 209 (1) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901. This compilation was prepared on 16 July 2020 taking into account amendments up to CASA 25/20 — Direction — use of ADS-B in foreign aircraft engaged in private operations Amendment Instrument 2020 (No. 1). It is a compilation of CASA 61/14 – Direction – use of ADS-B in foreign aircraft engaged in private operations as amended and in force on 11 June 2020. Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra. Compilation No. 2.

3 Definitions 3The definitions in Schedule 1 also apply for Schedules 1A, 2, 3 4 and 5.

4 Direction I direct that each operator, and each pilot in command, of a foreign aircraft engaged in private operations flying into or out of Australian territory, or operating in Australian territory (a foreign aircraft), must comply with the condition mentioned in section 5.

5 Condition 5It is a condition for operations under CAR and CASR that a foreign aircraft must conform to the requirements of the applicable Schedules in this instrument.

Schedule 1 Directions relating to carriage and use of automatic dependent surveillance – broadcast equipment 1 In this Schedule, and in Schedules 1AA, 1A, 2, 3, 4 and 5: 14 CFR 91.225 means regulation 91.225 of the United States Title 14 Code of Federal Regulations (CFR) titled Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, as in force from time to time. 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. AMSL means above mean sea level. approved equipment configuration for ADS-B transmitting equipment means an equipment configuration that: (a) meets the conditions for approval set out in Schedules 2, 3, 4 or 5, as applicable; or (b) is approved in writing by CASA. ATC means air traffic control. CASR means the Civil Aviation Safety Regulations 1998. Certain light sport, experimental and other aircraft means any of the following: (a) a light sport aircraft for which a special certificate of airworthiness has been issued and is in force under regulation 21.186 of CASR; (b) a light sport aircraft for which an experimental certificate has been issued and is in force under paragraph 21.191 (j) or (k) of CASR; (c) any other aircraft for which an experimental certificate has been issued and is in force under paragraph 21.191 (g) or (h) of CASR; (d) an aircraft for which an experimental certificate has been issued and is in force under subregulation 21.190 (1) of CASR; (e) an aircraft to which any of the following Civil Aviation Orders (CAOs) applies: CAO 95.4, 95.4.1, 95.8, 95.10, 95.12, 95.12.1, 95.32, 95.53, 95.54 or 95.55; (f) a Part 103 aircraft within the meaning of regulation 103.005 of CASR. Note Part 103 of CASR commences on 25 March 2021 (see regulation 2 of the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019). Paragraph (f) is permitted by subsection 98 (5D) of the Civil Aviation Act 1998. Class A TABS means TABS functionality relating to transponder function, altitude source function, and ADS‑B OUT function, in accordance with (E)TSO‑C199, as in force from time to time. Class B TABS means TABS functionality relating to position source function, in accordance with (E)TSO‑C199, as in force from time to time. Class B TABS position source device means a device with a Class B TABS functionality. EASA means the European Aviation Safety Agency. EASA AMC 20-24 means Annex II to ED Decision 2008/004/R titled Certification Considerations for the Enhanced ATS in Non-Radar Areas using ADS-B Surveillance (ADS-B-NRA) Application via 1090 MHz Extended Squitter, dated 2 May 2008, of EASA, or a later version as in force from time to time. EASA CS‑ACNS means Annex I to ED Decision 2013/031/R titled Certification Specifications and Acceptable Means of Compliance for Airborne Communications, Navigation and Surveillance CS-ACNS, dated 17 December 2013, or a later version as in force from time to time. 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. foreign aircraft means a foreign aircraft engaged in private operations in Australian territory. 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. IFR has the same meaning as I.F.R. and stands for instrument flight rules. integrated TABS device means a device with integrated Class A TABS and Class B TABS functionality. 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. NACp means Navigation Accuracy Category for Position as specified in paragraph 2.2.3.2.7.1.3.8 of RTCA/DO‑260B. NAA has the same meaning as in regulation 1.004 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 2.2.3.2.3.3 of RTCA/DO-260B. 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‑260B means RTCA Inc. document RTCA DO‑260B titled Minimum Operational Performance Standards for 1090 MHz Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) and Traffic Information Services – Broadcast (TIS-B), dated 2 December 2009, unless a later version as in force from time to time is expressly referred to. 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. SDA means System Design Assurance as specified in section 2.2.3.2.7.2.4.6 of RTCA/DO‑260B. SIL means Source Integrity Level as specified in paragraph 2.2.3.2.7.1.3.10 of RTCA/DO‑260B. SSR means a secondary surveillance radar system that is used by ATC to detect an aircraft equipped with a radar transponder. TABS means traffic awareness beacon system. TSO means Technical Standard Order of the FAA. Note NAA is defined in regulation 1.4 of the Civil Aviation Safety Regulations 1998. 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 a later edition as in force from time to time. VFR has the same meaning as V.F.R. and stands for visual flight rules. 3Subject to clause 12, if an aircraft carries ADS‑B transmitting equipment for operational use in Australian territory: (a) the equipment must comply with an approved equipment configuration under Schedule 2, 3, 4 or 5 in accordance with the Application provisions of the Schedule; and (b) for Schedule 5, any administrative standard included in the schedule must be complied with. 4When serviceable ADS‑B transmitting equipment is operated in Australian territory, the equipment must transmit: (a) the current aircraft address; and (b) a flight identification that: (i) corresponds exactly to the aircraft identification mentioned on the flight notification filed with ATC for the flight; or (ii) if a flight notification is not filed for the flight — is the aircraft's registration mark; or (iii) is directed or approved by ATC. 5If an aircraft in flight carries serviceable ADS‑B transmitting equipment, the equipment must be operated: (a) for equipment that complies with an approved equipment configuration set out in Schedule 2 — continuously during the flight in all airspace and at all altitudes, unless the pilot is directed or approved otherwise by ATC; and (b) for equipment that complies with the approved equipment configuration set out in Schedule 3, 4 or 5 — continuously during the flight, within the airspace and within the altitude limits specified for the flight in the applicable Schedule, unless the pilot is directed or approved otherwise by ATC. 6Subject to clause 7, 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, NACp, NIC or SIL. Note It is considered equivalent to deactivation if NUCp, NACp, NIC or SIL is set to continually transmit only a value of zero. 7The ADS‑B transmitting equipment need not be deactivated for paragraph 6 if the aircraft is undertaking an ADS‑B test flight in VMC in airspace below FL290. 8An aircraft that is operated: (a) in an IFR operation; or (b) in any operation at or above FL290; must carry serviceable ADS‑B transmitting equipment that complies with the approved equipment configuration set out in Schedule 2. 9If an aircraft is operated in a VFR operation below FL290: (a) it may carry serviceable ADS-B transmitting equipment (the equipment); and (b) if it carries the equipment — the equipment must comply with the approved equipment configuration set out in Schedule 2, 3, 4 or 5. 10Clause 8 does 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; (ii) at least 1 of the following applies for the flight: (A) flight with unserviceable equipment has been approved by CASA, in writing, 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; (iii) before it commences, ATC clears the flight despite the unserviceability. 11Unless otherwise approved in writing by CASA, ADS‑B transmitting equipment carried on an aircraft must allow the pilot to activate and deactivate transmission during flight. Note This requirement is met if the ADS-B transmitting equipment has a cockpit control that enables the pilot to turn ADS-B transmissions on and off. 12A requirement under Schedule 2, 3 or 4 that an approved equipment configuration for ADS‑B transmitting equipment be authorised in accordance with a specific TSO or ETSO does not apply to the ADS‑B transmitting equipment carried on certain light sport, experimental and other aircraft provided that: (a) the equipment configuration that is carried provides the pilot, other aircraft and ATC with the same transponder and surveillance capability as would be provided if the equipment were expressly authorised in accordance with the specific TSO or ETSO; and (b) the pilot or the operator has a statement of conformance (however described) from the equipment manufacturer stating the particular standard or standards of the TSO or ETSO with which the equipment conforms.