{"id":"F2005B00649","name":"Civil Aviation Order 52.1 - Use of airspace - Directions under r 99AA about the use of class A airspace (31/01/2002)","slug":"civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32125,"registerId":"commonwealth-F2005B00649-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"subdivision","heading":"Vertical separation minimum","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":0},{"sectionNumber":"1.1","sectionType":"subdivision","heading":"The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:","content":"#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.","sortOrder":1},{"sectionNumber":"1.2","sectionType":"subdivision","heading":"In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":2},{"sectionNumber":"1.3","sectionType":"subdivision","heading":"The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":3},{"sectionNumber":"2","sectionType":"subdivision","heading":"Use of cruising levels","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":4},{"sectionNumber":"2.1","sectionType":"subdivision","heading":"The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":5},{"sectionNumber":"2.2","sectionType":"subdivision","heading":"The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":6},{"sectionNumber":"In this subsection:","sectionType":"subdivision","heading":"In this subsection:","content":"#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.","sortOrder":7},{"sectionNumber":"3","sectionType":"subdivision","heading":"Aircraft encountering turbulence","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":8},{"sectionNumber":"3.1. If:","sectionType":"subdivision","heading":"3.1. If:","content":"#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;","sortOrder":9},{"sectionNumber":"the pilot in command of the aircraft may","sectionType":"subdivision","heading":"the pilot in command of the aircraft may:","content":"#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;","sortOrder":10},{"sectionNumber":"but, subject to clause 3.2, only in acco","sectionType":"subdivision","heading":"but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":11},{"sectionNumber":"3.2","sectionType":"subdivision","heading":"If:","content":"#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;","sortOrder":12},{"sectionNumber":"the pilot in command may temporarily dev","sectionType":"subdivision","heading":"the pilot in command may temporarily deviate the aircraft to a new track that is:","content":"#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;","sortOrder":13},{"sectionNumber":"if he or she first broadcasts the propos","sectionType":"subdivision","heading":"if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":14},{"sectionNumber":"NOTE The pilot in command is required un","sectionType":"subdivision","heading":"NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":15},{"sectionNumber":"3.3","sectionType":"subdivision","heading":"When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.","content":"#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft","sortOrder":16},{"sectionNumber":"3.1","sectionType":"subdivision","heading":"If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":22},{"sectionNumber":"4","sectionType":"subdivision","heading":"Only one primary altitude measurement system functioning properly","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":23},{"sectionNumber":"4.1","sectionType":"subdivision","heading":"If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:","content":"#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.","sortOrder":24},{"sectionNumber":"5","sectionType":"subdivision","heading":"Failure of both primary altitude measurement systems","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":25},{"sectionNumber":"5.1","sectionType":"subdivision","heading":"If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:","content":"#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.","sortOrder":26},{"sectionNumber":"5.2","sectionType":"subdivision","heading":"If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:","content":"#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.","sortOrder":27},{"sectionNumber":"6","sectionType":"subdivision","heading":"Marked difference between altitudes indicated by primary altitude measurement systems","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":28},{"sectionNumber":"6.1","sectionType":"subdivision","heading":"If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":29},{"sectionNumber":"6.2","sectionType":"subdivision","heading":"If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":30},{"sectionNumber":"6.3","sectionType":"subdivision","heading":"If the pilot in command is unable to find out which of the systems is functioning properly:","content":"#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.","sortOrder":31},{"sectionNumber":"7","sectionType":"subdivision","heading":"Failure of automatic altitude control systems","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":32},{"sectionNumber":"7.1","sectionType":"subdivision","heading":"If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:","content":"#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.","sortOrder":33},{"sectionNumber":"7.2","sectionType":"subdivision","heading":"The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:","content":"#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.","sortOrder":34},{"sectionNumber":"7.3","sectionType":"subdivision","heading":"If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:","content":"#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.","sortOrder":35},{"sectionNumber":"8","sectionType":"subdivision","heading":"Failure of secondary surveillance radar transponder","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":36},{"sectionNumber":"8.1","sectionType":"subdivision","heading":"If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:","content":"#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.","sortOrder":37},{"sectionNumber":"9","sectionType":"subdivision","heading":"Failure of automatic altitude alert systems","content":"Civil Aviation Amendment Order\n\n(No. 3) 2002\n\nI, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 99AA (5) of the Civil Aviation Regulations 1988.\n\n\\[Signed M. Toller\\]\n\nMick Toller\n\nDirector of Aviation Safety\n\n31 January 2001\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. 3) 2002.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Amendment of the Civil Aviation Orders\n\nSchedule 1 amends the Civil Aviation Orders.\n\n  \n\nSchedule 1 Amendment of the Civil Aviation Orders\n\n1 After Part 51\n\ninsert\n\nPART 52\n\nSECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> AIP means the Aeronautical Information Publications as existing on 29 November 2001.\n\n> ATC means air traffic control.\n\n> Class A / RVSM airspace means any part of Class A airspace that is, or was, on 1 November 2001, airspace of the kind referred to in paragraph (a) of the definition of RVSM airspace in subregulation 2 (1) of CAR 1988 (i.e. airspace identified in AIP to be airspace where a vertical separation minimum of 1000 feet applies).\n\n> cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.\n\n> essential RVSM equipment has the meaning given by paragraph 1.2.\n\n> oceanic control area means any airspace described as an oceanic control area in the AIP.\n\n> primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:\n\n(a) meet the requirements of ICAO Doc. 9574-AN/934; and\n\n(b) are designated by the aircraft’s manufacturer as being primary systems.\n\nRVSM (operations) approved aircraft means:\n\n(a) an aircraft covered by an RVSM operational approval; or\n\n(b) an aircraft:\n\n(i) for which an RVSM foreign airworthiness approval is in force; and\n\n(ii) that an operator is approved to operate in RVSM airspace under an approval (however described) given by the competent authority of the country that issued the RVSM foreign airworthiness approval for the aircraft.\n\nTCAS II has the meaning given by regulation 262AA of CAR 1988.\n\ntraffic advisory has the meaning given by regulation 262AA of CAR 1988.\n\n1.2 The essential RVSM equipment of an aircraft consists of:\n\n(a) 2 independent altitude measurement systems; and\n\n(b) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems; and\n\n(c) an altitude alert system; and\n\n(d) an automatic altitude control system;\n\nthat meet the requirements of ICAO Doc. 9574-AN/934.\n\n2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights\n\n2.1 The use of Class A / RVSM airspace by an aircraft engaged in an I.F.R. flight is subject to the directions set out in Appendix 1.\n\n3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights\n\n3.1 The use of Class A / RVSM airspace by an RVSM (operations) approved aircraft engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 2.\n\n4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights\n\n4.1 The use of Class A / RVSM airspace by an aircraft, other than an RVSM (operations) approved aircraft, engaged in an I.F.R. flight is, in addition to the directions set out in Appendix 1, subject to the directions set out in Appendix 3.\n\n  APPENDIX 1\n  Directions about the use of Class A / RVSM airspace — general application\n\n#### 1 Vertical separation minimum\n\n#### 1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:\n\n(a) each of the aircraft is an RVSM (operations) approved aircraft operated by an operator that is approved to operate the aircraft in RVSM airspace; and\n\n(b) the operator or pilot in command of each of the aircraft has, before the flight, informed ATC in the approved manner that, at the time when the information is given, the aircraft’s essential RVSM equipment is functioning properly; and\n\n(c) one of the following conditions apply:\n\n(i) all the essential RVSM equipment of each of the aircraft is functioning properly;\n\n(ii) on either or both aircraft, one of the primary altitude measurement systems has stopped functioning properly after the aircraft has entered Class A / RVSM airspace but all the other essential RVSM equipment is functioning properly.\n\n#### 1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.\n\n#### 1.3 The approved manner for informing ATC of the matter referred to in paragraph 1.1 (b) in relation to a particular flight is by inserting the letter W in item 10 of the flight plan that the operator or pilot in command submits to ATC in respect of the flight.\n\n#### 2 Use of cruising levels\n\n#### 2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.\n\n#### 2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.\n\n#### In this subsection:\n\napproved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.\n\n#### 3 Aircraft encountering turbulence\n\n#### 3.1. If:\n\n(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or\n\n(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;\n\n#### the pilot in command of the aircraft may:\n\n(c) move the aircraft from its cleared flight level to another flight level; or\n\n(d) deviate the aircraft from its assigned track;\n\n#### but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.\n\n#### 3.2 If:\n\n(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:\n\n(i) to move the aircraft to another flight level; or\n\n(ii) to deviate the aircraft from its assigned track; or\n\n(b) ATC is unable to give the clearance requested;\n\n#### the pilot in command may temporarily deviate the aircraft to a new track that is:\n\n(c) parallel to the aircraft’s assigned track; and\n\n(d) not more than 2 nautical miles away from it;\n\n#### if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.\n\n#### NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.\n\n#### 3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.\n\n  APPENDIX 2\n  Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft\n\n#### 1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.\n\n#### 2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly\n\n#### 2.1 If the pilot in command of an aircraft proposing to enter Class A / RVSM airspace finds in flight that any essential RVSM equipment of the aircraft is not functioning properly, he or she must:\n\n(a) notify ATC accordingly; and\n\n(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.\n\n#### 3 Change of flight level\n\n#### 3.1 If the pilot in command of an aircraft moves from one flight level to another while the aircraft is flying in Class A / RVSM airspace, he or she must not overshoot, or undershoot, the flight level to which the aircraft is moving by more than 150 feet or (if the aircraft’s essential RVSM equipment uses the metric system) 45 metres.\n\n#### 4 Only one primary altitude measurement system functioning properly\n\n#### 4.1 If an aircraft flying in Class A / RVSM airspace has only one of its primary altitude measurement systems functioning properly, the pilot in command of the aircraft may continue to use that airspace, but he or she must:\n\n(a) couple that system with the aircraft’s automatic altitude control system; and\n\n(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and\n\n(c) monitor the altitude of the aircraft more often than normally required.\n\n#### 5 Failure of both primary altitude measurement systems\n\n#### 5.1 If both primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace have stopped functioning properly, the pilot in command may continue to use that airspace but must:\n\n(a) if the aircraft is also equipped with an independent altitude measurement system that is not a primary altitude measurement system (a stand-by altimeter) — maintain the altitude indicated by the stand-by altimeter when the last of the primary altitude measurement systems stopped functioning properly; and\n\n(b) turn on all the exterior lights of the aircraft; and\n\n(c) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed course of action; and\n\n(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.\n\n#### 5.2 If the aircraft is flying in an oceanic control area and its pilot in command has not, within a reasonable time, obtained directions from ATC, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be) and then descend below flight level 290; or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 5.1 (a) to (d) until he or she obtains directions from ATC.\n\n#### 6 Marked difference between altitudes indicated by primary altitude measurement systems\n\n#### 6.1 If there is a difference of more than 200 feet between the altitudes indicated by the primary altitude measurement systems of an aircraft flying in Class A / RVSM airspace, the pilot in command of the aircraft must try to find out, through established methods, which of the systems is functioning properly.\n\n#### 6.2 If the pilot in command of the aircraft finds out which system is functioning properly, he or she may continue to use that airspace but must comply with section 4.\n\n#### 6.3 If the pilot in command is unable to find out which of the systems is functioning properly:\n\n(a) both systems must be taken to have stopped functioning properly; and\n\n(b) the pilot in command of the aircraft must comply with section 5.\n\n#### 7 Failure of automatic altitude control systems\n\n#### 7.1 If the automatic altitude control system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft must:\n\n(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and\n\n(b) assess whether he or she can so maintain the cleared flight level for the remainder of the flight in Class A / RVSM airspace; and\n\n(c) if he or she is unable to maintain the cleared flight level for the aircraft — find out whether the aircraft is likely to fly close to the flight path of any other aircraft; and\n\n(d) turn on all the exterior lights of the aircraft; and\n\n(e) if the aircraft is not using VHF to communicate with ATC — broadcast on 121.5 MHz the aircraft’s position and flight level and the pilot’s proposed cause of action; and\n\n(f) notify ATC of the system’s failure and the pilot’s proposed course of action.\n\n#### 7.2 The pilot in command of the aircraft may allow the aircraft to remain in Class A / RVSM airspace only if he or she is able:\n\n(a) to maintain the aircraft at the cleared flight level; or\n\n(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.\n\n#### 7.3 If the aircraft is flying in an oceanic control area and its pilot in command cannot comply with clause 7.2, he or she must:\n\n(a) if there is no adjacent track to the right or to the left of the aircraft’s assigned track — cause the aircraft to leave its assigned track by turning 900 to the right or to the left (as the case may be); or\n\n(b) if he or she cannot take action in accordance with paragraph (a) — continue to comply with paragraphs 7.1 (a) to (f) until he or she obtains directions from ATC.\n\n#### 8 Failure of secondary surveillance radar transponder\n\n#### 8.1 If the secondary surveillance radar transponder of an aircraft stops functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the transponder’s failure.\n\n#### 9 Failure of automatic altitude alert systems\n\n#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft\n\n#### 1 Aircraft proposing to enter Class A / RVSM airspace\n\n#### 1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to enter that airspace.\n\n#### 2 Aircraft seeking clearance for new flight level\n\n#### 2.1 The pilot in command of an aircraft flying in Class A / RVSM airspace must notify ATC that the aircraft is not an RVSM (operations) approved aircraft when he or she asks ATC for a clearance to move to another flight level.","sortOrder":38},{"sectionNumber":"9.1","sectionType":"subdivision","heading":"If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:","content":"#### 9.1 If the automatic altitude alert system of an aircraft, or (in the case of an aircraft that has more than one automatic altitude control system) all the automatic altitude control systems of the aircraft, stop functioning properly while the aircraft is flying in Class A / RVSM airspace, the pilot in command of the aircraft:\n\n(a) may continue to use that airspace; but\n\n(b) must notify ATC of the system’s failure.\n\n  APPENDIX 3\n  Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft","sortOrder":39}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Order implements detailed operational directions to give effect to RVSM procedures in a defined part of Class A airspace. It is technical and prescriptive but stays within the original narrow purpose of enabling reduced vertical separation (1,000 ft) where aircraft meet equipment and approval standards. It does not materially broaden regulatory scope beyond setting the operational conditions, failure procedures and notification requirements necessary to implement RVSM consistent with ICAO standards."},"complexity_factors":["Interpretation section defines ~11 key terms and cross-references ICAO Doc. 9574 and CAR regs (s1.1–1.2)","Three separate appendices with overlapping but distinct rules for: all IFR flights (Appendix 1), RVSM (operations) approved aircraft (Appendix 2), and non‑RVSM aircraft (Appendix 3)","Multiple failure-mode branches (≥10 distinct failure or discrepancy conditions with tailored procedural responses: single primary fail, both primaries fail, >200 ft disagreement, autopilot failure, transponder failure, alert system failure)","Conditional vertical separation rule (1,000 ft vs 2,000 ft) with several cumulative prerequisites (Appendix 1 cl.1.1–1.2)","Several operational tolerances and numeric limits to track/altitude changes (e.g. 150 ft / 45 m overshoot tolerance; 2 NM temporary deviation; turn 90° and descend below FL290 in oceanic contingency)","Cross-references to external operational material that affect meaning and application (AIP as at a specific date; ICAO Doc.9574; CAR regs reg.262AA; CAR subreg.241(4))","Different communications channels and required phraseology (flight plan coding ‘W’, specific phrase for single-primary operation, mandatory 121.5 MHz broadcasts if no VHF)","Special-case logic for oceanic control areas adds separate contingency pathways and reporting duties","Repetition and near-duplicate text in the instrument which increases reading/interpretation workload for users and reviewers"],"plain_english_summary":"**What this instrument does (mechanics first)\n\n- Creates a new Part (Section 52.1) of the Civil Aviation Orders giving detailed directions about how a defined portion of Class A airspace is to be used when Reduced Vertical Separation Minimum (RVSM) rules apply. (See: Interpretation and Appendices 1–3.)\n\n- Sets the vertical separation standard between aircraft in that airspace at either 1,000 feet or 2,000 feet depending on aircraft status and equipment:\n  - 1,000 ft applies only where both aircraft are RVSM (operations) approved and the operator/pilot has notified ATC in the approved way that essential RVSM equipment is working, and the equipment either is fully working or only one primary altimeter failed after entry (Appendix 1, cl.1.1).\n  - 2,000 ft applies in all other cases (Appendix 1, cl.1.2).\n\n- Defines the essential RVSM equipment and key terms used by the directions (Interpretation, s1.1–1.2). Essential RVSM equipment consists of two independent primary altitude measurement systems, an SSR transponder with altitude reporting switchable between those systems, an altitude alert system and an automatic altitude control system meeting ICAO Doc. 9574 standards.\n\n- Prescribes actions and communications required of pilots/operators:\n  - Before a flight, operators/pilots must indicate RVSM capability by inserting the letter \"W\" in item 10 of the flight plan (Appendix 1, cl.1.3).\n  - Pilots must plan to use \"approved flight levels\" (from the AIP) and must use cruising levels only as directed by ATC (Appendix 1, cl.2.1–2.2).\n  - If turbulence or a TCAS II traffic advisory occurs, a pilot may change level or deviate only with ATC clearance, except in specified oceanic cases where a temporary parallel deviation up to 2 nautical miles is permitted provided the pilot broadcasts the deviation (Appendix 1, cl.3.1–3.3).\n\n- Lays out detailed failure-mode procedures for RVSM (operations) approved aircraft (Appendix 2):\n  - Pilot must check essential equipment before entering RVSM airspace (cl.1.1).\n  - If any essential equipment is not functioning, the pilot must notify ATC and may enter only with ATC clearance (cl.2.1).\n  - Limits on how far a pilot may overshoot/undershoot a cleared flight level when changing levels (150 ft or 45 m) (cl.3.1).\n  - If one primary altimeter fails, the aircraft may remain in the airspace provided that altimeter is coupled to the automatic altitude control, ATC is notified using the phrase \"For information operating on one primary altimeter only\", and altitude is monitored more frequently (cl.4.1).\n  - If both primary systems fail the pilot may continue but must follow a set of actions including holding the standby altimeter, turning on exterior lights, broadcasting on 121.5 MHz if VHF is not available, and notifying ATC; special oceanic procedures require leaving the track and descending below FL290 if no adjacent track and no direction from ATC (cl.5.1–5.2).\n  - If there is a >200 ft disagreement between primary systems the pilot must attempt to determine which is correct; if unable, treat both as failed and follow the \"both failed\" procedures (cl.6.1–6.3).\n  - If automatic altitude control fails, the pilot must attempt to maintain level manually, assess continued capability, alert ATC and use exterior lights/broadcasts where appropriate; continued use of RVSM airspace only allowed if the pilot can maintain a cleared or cleared-to level (cl.7.1–7.3).\n  - Transponder or automatic altitude alert failures permit continued use of the airspace but require notification to ATC (cl.8.1, cl.9.1).\n\n- Imposes simplified additional obligations on non-RVSM aircraft: they must advise ATC before entering RVSM airspace or when requesting a new flight level (Appendix 3, cl.1.1, cl.2.1).\n\nWho is affected\n\n- Aircraft operators and pilots who intend to operate in the specified Class A / RVSM airspace. (Appendices 1–3.)\n- Air traffic controllers and ATS units who provide clearances and manage deviations in that airspace.\n- Aircraft that must be RVSM-equipped and approved to take advantage of the 1,000 ft vertical separation.\n- Operators of aircraft that are not RVSM-approved: they face the 2,000 ft separation and extra notification requirements.\n\nWhy it matters (official claim and how that claim maps to real mechanisms)\n\n- Officially, this Order implements RVSM procedures and safety controls consistent with ICAO standards so that adjacent aircraft can be separated vertically by 1,000 ft rather than the older 2,000 ft standard (see Interpretation tying equipment to ICAO Doc. 9574 and Appendix 1 cl.1.1). That claim is implemented by:\n  - Requiring particular equipment (s1.2) and operational approvals (s1.1 definition of RVSM (operations) approved aircraft).\n  - Requiring pre-flight and in-flight notifications (W in item 10; Appendix 1 cl.1.3; Appendix 2 cl.1.1–2.1).\n  - Specifying failure responses and communication protocols so that ATC retains situational awareness and ability to re-separate aircraft (Appendix 2 cl.5–9).\n\nTesting the claimed purpose against costs, incentives and trade‑offs (mechanisms, not judgments)\n\n- Who pays: operators bear the cost of equipping aircraft to the ICAO-mandated standard, obtaining RVSM operational approval, and training crews on the procedures (Interpretation; Appendix 2). Those costs are explicit mechanisms required to obtain the 1,000 ft separation.\n\n- Behavioural incentives: operators with RVSM approval gain access to denser cruising level allocation (and so potential fuel/time benefits) because they may fly with 1,000 ft spacing; non-approved operators remain subject to 2,000 ft spacing (Appendix 1 cl.1.1–1.2). That creates an operational incentive to equip/approve aircraft where it is commercially justified.\n\n- Compliance burden: the Order prescribes concrete, frequent in-flight checks, precise phraseology for ATC notification, flight-plan coding (letter W in item 10) and specified broadcasts in contingency—these are specific procedural burdens on crews and flight-planning operations (Appendix 1 cl.1.3; Appendix 2 cl.1.1, 4.1, 5.1, 7.1).\n\n- Implementation risk & discretion: the rules rely on external items (the AIP as at a historic date, ICAO Doc. 9574, CAR regulations such as reg.262AA and subreg.241(4)) so operational effect depends on accurate cross-referencing and ATS units applying the clearance/monitoring rules (Interpretation; Appendix 1 note). ATC clearance remains the mechanism that controls deviations in non-emergency cases, preserving controller authority.\n\n- Trade-offs & substitution effects: the Order uses procedural controls rather than prescriptive performance levels beyond equipment standards. Where equipment fails, pilots may remain in RVSM airspace subject to mitigation steps; those steps (e.g. extra monitoring, use of standby altimeter, lights on) trade operational complexity for retention of route continuity. Non‑RVSM traffic is effectively segregated by vertical spacing (Appendix 1 cl.1.2 and Appendix 3).\n\nKey cross‑references to watch when applying these rules\n\n- ICAO Doc. 9574 (equipment requirements cited in Interpretation s1.1–1.2);\n- AIP published tables for approved cruising/IFR cruising levels (Appendix 1 cl.2.1);\n- CAR 1988 regs referenced for meanings of TCAS II/traffic advisory and reporting obligations (Interpretation; Appendix 1 note).\n\nPractical takeaway (one line)\n\n- To operate in the Class A / RVSM airspace with 1,000 ft vertical separation you must (a) be an RVSM‑approved aircraft/operator with required equipment, (b) notify ATC pre-flight (\"W\" in item 10) and keep to the detailed failure, communication and ATC-clearance procedures set out in Appendices 1–3.\n"},"kimi_summary":{"_metrics":{"completionTokens":755},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This is a technical aviation safety order implementing RVSM procedures in Australian airspace. The scope remains tightly focused on operational requirements for aircraft using Class A RVSM airspace, with clear delineation between approved and non-approved aircraft. No scope creep detected — the instrument addresses its intended purpose of establishing safe separation standards and equipment requirements."},"complexity_factors":["Multiple defined terms (11 in interpretation section) including nested definitions","Three-tier structure: general rules (Appendix 1), RVSM-approved aircraft rules (Appendix 2), and non-RVSM aircraft rules (Appendix 3)","Extensive cross-referencing to ICAO documents, CAR 1988 regulations, and AIP publications","Conditional logic with multiple exceptions (e.g., equipment failure scenarios with different procedures for oceanic vs non-oceanic areas)","Specific mandatory phrases for ATC communication","Numerical tolerances requiring precise compliance (150 feet/45 metres, 200 feet difference, 2 nautical miles, 90 degree turns)","Emergency procedures with hierarchical decision trees"],"plain_english_summary":"This Civil Aviation Order sets out the rules for flying in **Class A RVSM airspace** — a special category of controlled airspace where aircraft can fly closer together vertically (1,000 feet apart instead of the usual 2,000 feet), allowing more planes to use busy air routes.\n\n**Who it affects:**\n- **Pilots and operators** of aircraft flying under Instrument Flight Rules (IFR) in Australian RVSM airspace\n- **Air traffic controllers** managing these flights\n\n**What it does:**\n\n**For ALL aircraft in this airspace:**\n- Vertical separation is **1,000 feet** only if both aircraft are RVSM-approved and properly equipped. Otherwise, it's **2,000 feet**\n- Pilots must follow ATC directions for flight levels\n- If turbulence or traffic alerts occur, pilots can change altitude or track **only with ATC clearance** — except in oceanic areas where they can temporarily deviate parallel to their track (within 2 nautical miles) after broadcasting to other pilots\n\n**For RVSM-approved aircraft (Appendix 2):**\n- Must have **essential RVSM equipment**: two independent altitude measurement systems, a transponder with altitude reporting, an altitude alert system, and an automatic altitude control system\n- Pilots must check equipment before entering the airspace\n- When changing flight levels, cannot overshoot/undershoot by more than **150 feet (45 metres)**\n- **If equipment fails:**\n  - *One altimeter fails:* Continue flying but notify ATC with specific phrase, couple remaining system to autopilot, monitor altitude more frequently\n  - *Both altimeters fail:* Use standby altimeter, turn on all exterior lights, broadcast position on emergency frequency 121.5 MHz if not on VHF, notify ATC\n  - *Altitude control system fails:* Try manual control, assess if you can maintain altitude, turn on lights, broadcast if needed, notify ATC\n  - *Transponder or alert system fails:* Continue flying but notify ATC\n\n**For non-RVSM aircraft (Appendix 3):**\n- Must **always notify ATC** that they are not RVSM-approved when requesting clearance to enter or change flight levels\n\n**Why it matters:**\nRVSM (Reduced Vertical Separation Minimum) allows more efficient use of airspace and reduces fuel costs, but requires precise altitude-keeping equipment and strict procedures. This Order ensures safety when equipment works properly and provides clear emergency procedures when it doesn't."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-","history":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-/history","analysis":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-/analysis","conflicts":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-/conflicts","importantCases":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-/important-cases","documents":"/api/acts/civil-aviation-order-52-1-use-of-airspace-directions-under-r-99aa-about-the-use-of-class-a-airspace-/documents"}}