{"id":"F2005B00731","name":"CASA 202/98 - Direction under subregulation 99AA(5) relating to the use of class E airspace by V.F.R. aircraft","slug":"casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32191,"registerId":"commonwealth-F2005B00731-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 202/98 - Direction under subregulation 99AA(5) relating to the use of class E airspace by V.F.R. aircraft","content":"INSTRUMENT NUMBER: CASA 202/98\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS\n\nDIRECTION UNDER SUBREGULATION 99AA (5) RELATING TO THE USE OF CLASS E AIRSPACE BY V.F.R. AIRCRAFT\n\nI, JOHN EDWIN INNES PIKE, Acting Director of Aviation Safety:\n\n(a) revoke instrument number CASA 47/98; and\n\n(b) under subregulation 99AA (5) of the Civil Aviation Regulations, on behalf of CASA, direct that the pilot in command of an aircraft with an engine driven electrical system that is capable of continuously powering a transponder must not engage in V.F.R. flight in airspace that AA has determined under subregulation 2.04 (1) of the Air Services Regulations to be Class E airspace unless:\n\n(i) the aircraft is fitted with a serviceable Mode A and Mode C secondary surveillance radar transponder; and\n\n(ii) the transponder is activated.\n\nThis instrument starts having effect on 24 June 1998.\n\n\\[Signed John Pike\\]\n\nJOHN PIKE\n\nActing Director of Aviation Safety\n\n18 June 1998","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly revokes the earlier instrument CASA 47/98 and replaces it with a direction that specifies mandatory carriage and activation of a serviceable Mode A and Mode C transponder for VFR flights in AA-declared Class E airspace where the aircraft has an engine-driven electrical system capable of continuously powering a transponder (revocation and directive appear in the opening paragraph and paragraph (b)). The available text does not include the content of CASA 47/98, so the change is that the earlier instrument is revoked and superseded by this explicit transponder requirement; assessing differences in substantive scope beyond revocation is not possible from this instrument alone."},"complexity_factors":["Dependence on other provisions for scope: invokes subregulation 99AA(5) of the Civil Aviation Regulations and relies on AA classifications under subregulation 2.04(1) of the Air Services Regulations, requiring cross-reference to determine where the rule applies.","Technical eligibility condition: the requirement applies only to aircraft with an engine-driven electrical system capable of continuously powering a transponder, which requires a technical assessment.","Operational condition plus equipment specification: combines an operational prohibition (no VFR flight unless) with two specific equipment/activation requirements (serviceable Mode A and C transponder; transponder activated).","Revocation of a prior instrument (CASA 47/98), creating a transitional/legal replacement element to consider.","Enforcement complexity: verifying serviceability and activation in flight or by inspection requires monitoring and inspection processes."],"plain_english_summary":"This instrument revokes CASA 47/98 and, effective 24 June 1998, directs that for VFR flights in any airspace AA has declared Class E, the PIC of an aircraft with an engine‑driven electrical system capable of continuously powering a transponder must have a serviceable Mode A and Mode C transponder fitted and switched on. It thus affects VFR pilots and owners/operators of such electrically powered aircraft by making carriage and activation mandatory."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope: imposing a specific equipment mandate on a defined category of VFR operations in Class E airspace. It replaces an earlier instrument on the same subject without expanding beyond the original safety purpose."},"complexity_factors":["Single operative provision with two straightforward conditions (i) and (ii)","Only 4 defined/regulated terms requiring external knowledge: 'Class E airspace', 'V.F.R.', 'Mode A', 'Mode C'","No nested exceptions or conditional logic — the prohibition is absolute for the defined class of aircraft","Short length (under 200 words of operative text)","Single cross-reference to enabling regulation (subregulation 99AA(5)) and one to Air Services Regulations for airspace classification"],"plain_english_summary":"**What this does:**\nThis is a safety direction from Australia's aviation regulator (CASA) that sets a hard rule for pilots flying under Visual Flight Rules (VFR — basically, flying by looking out the window rather than relying on instruments).\n\n**Who it affects:**\nPilots flying aircraft with engine-driven electrical systems that can power a transponder (a device that sends signals to air traffic control radar showing the aircraft's position and altitude).\n\n**The rule:**\nIf you're flying VFR in **Class E airspace** (controlled airspace where commercial jets often fly, but with less strict rules than busy airport zones), you **must** have a working transponder that is turned on. Specifically:\n- The transponder must be capable of **Mode A** (sends a unique code identifying your aircraft) and **Mode C** (sends your altitude automatically)\n- It must actually be **activated** (not just fitted)\n\n**Why it matters:**\nClass E airspace sits between busy commercial routes and uncontrolled areas. Without transponders, air traffic control can't see VFR aircraft on radar, creating collision risks with faster, larger aircraft that *are* being tracked. This rule closes that safety gap by ensuring all properly-equipped VFR aircraft are visible to controllers.\n\n**What it replaces:**\nThis direction revokes an earlier instrument (CASA 47/98) and took effect on 24 June 1998."}},"importantCases":[],"_links":{"self":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai","history":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai/history","analysis":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai/analysis","conflicts":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai/conflicts","importantCases":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai/important-cases","documents":"/api/acts/casa-202-98-direction-under-subregulation-99aa-5-relating-to-the-use-of-class-e-airspace-by-v-f-r-ai/documents"}}