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

This direction, made by the Civil Aviation Safety Authority (CASA) under subregulation 209(1) of the Civil Aviation Regulations 1988 and s 33(3) of the Acts Interpretation Act 1901, imposes mandatory conditions on foreign aircraft engaged in private operations when they fly into, out of, or operate within Australian territory. The core mechanical change is that a foreign private aircraft operating in Australian territory must carry and operate automatic dependent surveillance , broadcast (ADS‑B) transmitting equipment that conforms to an applicable approved equipment configuration set out in the instrument’s Schedules, unless authorised otherwise by CASA (see clause 4 and clause 5).

Operationally the instrument does the following, by clause reference:

Declares (cl. 4) that operators and pilots in command of “foreign aircraft engaged in private operations” must comply with the condition in clause 5.
Makes conformity with the applicable Schedule(s) a condition of operations under CAR and CASR (cl. 5).
Specifies technical, operational and administrative requirements for ADS‑B and related SSR transponder carriage and use in Schedule 1 and Schedules 1AA, 1A, 2, 3, 4 and 5 (see Schedules generally; cl. 3; Scheds 2-5 for ADS‑B configurations).
Requires ADS‑B equipment, when serviceable and operated, to transmit the aircraft address and a flight identification matching the filed flight notification or registration or as directed by ATC (cl. 4).
Requires continuous operation of ADS‑B during flight for equipment complying with Schedule 2 (all airspace/altitudes) and within specified airspace/altitude limits for equipment meeting Scheds 3-5, unless ATC directs otherwise (cl. 5).
Prescribes that non‑complying ADS‑B equipment must be deactivated or set to transmit zero values for NUCp, NACp, NIC or SIL before flight in Australian territory, subject to narrow exceptions for test flights (cl. 6-7).

(as amended)

made under subregulation 209 (1) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

This compilation was prepared on 16 July 2020 taking into account amendments up to CASA 25/20 — Direction — use of ADS-B in foreign aircraft engaged in private operations Amendment Instrument 2020 (No. 1). It is a compilation of CASA 61/14 – Direction – use of ADS-B in foreign aircraft engaged in private operations as amended and in force on 11 June 2020.

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

Compilation No. 2.

3 Definitions

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

4 Direction

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

5 Condition

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

Schedule 1 Directions relating to carriage and use of automatic dependent surveillance – broadcast equipment

1 In this Schedule, and in Schedules 1AA, 1A, 2, 3, 4 and 5:

14 CFR 91.225 means regulation 91.225 of the United States Title 14 Code of Federal Regulations (CFR) titled Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, as in force from time to time.

ADS-B means automatic dependent surveillance – broadcast.

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

aircraft means a foreign aircraft.

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

AMSL means above mean sea level.

approved equipment configuration for ADS-B transmitting equipment means an equipment configuration that:

(a) meets the conditions for approval set out in Schedules 2, 3, 4 or 5, as applicable; or

(b) is approved in writing by CASA.

ATC means air traffic control.

CASR means the Civil Aviation Safety Regulations 1998.

Certain light sport, experimental and other aircraft means any of the following:

(a) a light sport aircraft for which a special certificate of airworthiness has been issued and is in force under regulation 21.186 of CASR;

(b) a light sport aircraft for which an experimental certificate has been issued and is in force under paragraph 21.191 (j) or (k) of CASR;

(c) any other aircraft for which an experimental certificate has been issued and is in force under paragraph 21.191 (g) or (h) of CASR;

(d) an aircraft for which an experimental certificate has been issued and is in force under subregulation 21.190 (1) of CASR;

(e) an aircraft to which any of the following Civil Aviation Orders (CAOs) applies:

CAO 95.4, 95.4.1, 95.8, 95.10, 95.12, 95.12.1, 95.32, 95.53, 95.54 or 95.55;

(f) a Part 103 aircraft within the meaning of regulation 103.005 of CASR.

Note Part 103 of CASR commences on 25 March 2021 (see regulation 2 of the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019). Paragraph (f) is permitted by subsection 98 (5D) of the Civil Aviation Act 1998.

Class A TABS means TABS functionality relating to transponder function, altitude source function, and ADS‑B OUT function, in accordance with (E)TSO‑C199, as in force from time to time.

Class B TABS means TABS functionality relating to position source function, in accordance with (E)TSO‑C199, as in force from time to time.

Class B TABS position source device means a device with a Class B TABS functionality.

EASA means the European Aviation Safety Agency.

EASA AMC 20-24 means Annex II to ED Decision 2008/004/R titled Certification Considerations for the Enhanced ATS in Non-Radar Areas using ADS-B Surveillance (ADS-B-NRA) Application via 1090 MHz Extended Squitter, dated 2 May 2008, of EASA, or a later version as in force from time to time.

EASA CS‑ACNS means Annex I to ED Decision 2013/031/R titled Certification Specifications and Acceptable Means of Compliance for Airborne Communications, Navigation and Surveillance CS-ACNS, dated 17 December 2013, or a later version as in force from time to time.

EHS DAPs means enhanced surveillance downlink of aircraft parameters.

ETSO means European Technical Standard Order of the EASA.

FAA means the Federal Aviation Administration of the United States.

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

FL 290 means flight level 290.

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

foreign aircraft means a foreign aircraft engaged in private operations in Australian territory.

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

GPS means the Global Positioning System.

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

IFR has the same meaning as I.F.R. and stands for instrument flight rules.

integrated TABS device means a device with integrated Class A TABS and Class B TABS functionality.

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

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

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

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

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

NACp means Navigation Accuracy Category for Position as specified in paragraph 2.2.3.2.7.1.3.8 of RTCA/DO‑260B.

NAA has the same meaning as in regulation 1.004 of the Civil Aviation Safety Regulations 1998.

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

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

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

NIC means Navigation Integrity Category as specified in paragraph 2.2.3.2.3.3 of RTCA/DO-260B.

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

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

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

RTCA/DO‑260B means RTCA Inc. document RTCA DO‑260B titled Minimum Operational Performance Standards for 1090 MHz Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) and Traffic Information Services – Broadcast (TIS-B), dated 2 December 2009, unless a later version as in force from time to time is expressly referred to.

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

SDA means System Design Assurance as specified in section 2.2.3.2.7.2.4.6 of RTCA/DO‑260B.

SIL means Source Integrity Level as specified in paragraph 2.2.3.2.7.1.3.10 of RTCA/DO‑260B.

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

TABS means traffic awareness beacon system.

TSO means Technical Standard Order of the FAA.

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

UK CAP 1391 means Civil Aviation Authority of the United Kingdom document number CAP 1391 titled Electronic conspicuity devices, 2nd edition, dated April 2018, or a later edition as in force from time to time.

VFR has the same meaning as V.F.R. and stands for visual flight rules.

3Subject to clause 12, if an aircraft carries ADS‑B transmitting equipment for operational use in Australian territory:

(a) the equipment must comply with an approved equipment configuration under Schedule 2, 3, 4 or 5 in accordance with the Application provisions of the Schedule; and

(b) for Schedule 5, any administrative standard included in the schedule must be complied with.

4When serviceable ADS‑B transmitting equipment is operated in Australian territory, the equipment must transmit:

(a) the current aircraft address; and

(b) a flight identification that:

(i) corresponds exactly to the aircraft identification mentioned on the flight notification filed with ATC for the flight; or

(ii) if a flight notification is not filed for the flight — is the aircraft’s registration mark; or

(iii) is directed or approved by ATC.

5If an aircraft in flight carries serviceable ADS‑B transmitting equipment, the equipment must be operated:

(a) for equipment that complies with an approved equipment configuration set out in Schedule 2 — continuously during the flight in all airspace and at all altitudes, unless the pilot is directed or approved otherwise by ATC; and

(b) for equipment that complies with the approved equipment configuration set out in Schedule 3, 4 or 5 — continuously during the flight, within the airspace and within the altitude limits specified for the flight in the applicable Schedule, unless the pilot is directed or approved otherwise by ATC.

6Subject to clause 7, if an aircraft carries ADS‑B transmitting equipment which does not comply with an approved equipment configuration, the aircraft must not fly in Australian territory unless the equipment is:

(a) deactivated; or

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

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

7The ADS‑B transmitting equipment need not be deactivated for paragraph 6 if the aircraft is undertaking an ADS‑B test flight in VMC in airspace below FL290.

8An aircraft that is operated:

(a) in an IFR operation; or

(b) in any operation at or above FL290;

must carry serviceable ADS‑B transmitting equipment that complies with the approved equipment configuration set out in Schedule 2.

9If an aircraft is operated in a VFR operation below FL290:

(a) it may carry serviceable ADS-B transmitting equipment (the equipment); and

(b) if it carries the equipment — the equipment must comply with the approved equipment configuration set out in Schedule 2, 3, 4 or 5.

10Clause 8 does not apply to an aircraft if:

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

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

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

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

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

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

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

11Unless otherwise approved in writing by CASA, ADS‑B transmitting equipment carried on an aircraft must allow the pilot to activate and deactivate transmission during flight.

Note This requirement is met if the ADS-B transmitting equipment has a cockpit control that enables the pilot to turn ADS-B transmissions on and off.

12A requirement under Schedule 2, 3 or 4 that an approved equipment configuration for ADS‑B transmitting equipment be authorised in accordance with a specific TSO or ETSO does not apply to the ADS‑B transmitting equipment carried on certain light sport, experimental and other aircraft provided that:

(a) the equipment configuration that is carried provides the pilot, other aircraft and ATC with the same transponder and surveillance capability as would be provided if the equipment were expressly authorised in accordance with the specific TSO or ETSO; and

(b) the pilot or the operator has a statement of conformance (however described) from the equipment manufacturer stating the particular standard or standards of the TSO or ETSO with which the equipment conforms.

Schedule 1AA Instructions — SSR transponder equipment

1For subregulation 174A (1) of CAR, this clause specifies the SSR transponder equipment that must be carried on certain aircraft before they undertake a VFR flight.

2A serviceable Mode A and Mode C SSR transponder must be carried on an aircraft that:

(a) was manufactured before 6 February 2014; and

(b) has not been modified by having its transponder installation replaced on or after that date; and

(c) operates under the VFR and within ATC radar coverage, in Class A airspace below FL290, in Class B airspace, or in Class C airspace.

Note Carriage of a Mode A and Mode C transponder does not remove the requirement to obtain CASA approval to operate in Class A airspace: see subregulation 99AA (3) of CAR.

3Clause 2 does not apply if the aircraft carries serviceable Mode S transponder that meets the standards set out in in Schedule 1A.

4A serviceable Mode A and Mode C SSR transponder must be carried on an aircraft that:

(a) was manufactured before 6 February 2014; and

(b) has not been modified by having its transponder installation replaced on or after that date; and

(d) operates under the VFR in Class E airspace, or above 10 000 ft AMSL in Class G airspace.

5Clause 4 does not apply if the aircraft carries:

(a) a serviceable Mode S transponder that meets the standards set out in in Schedule 1A; or

(b) a serviceable integrated TABS device that meets the standards set out in Schedule 4.

Note Civil Aviation Order 20.18 Amendment Instrument 2020 (No. 1) repealed instrument CASA 316/98 which contained the previous instructions under subregulation 174A (1) of CAR in relation to carriage of transponders

Schedule 1A Standards for Mode S transponder equipment

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

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

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

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

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

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

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

(a) the aircraft address;

(b) the Mode A code;

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

5The aircraft flight identification must:

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

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

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

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

Note 1 Paragraph 3.1.2.10.5.2.3 includes 3.1.2.10.5.2.3.1, 3.1.2.10.5.2.3.2 and 3.1.2.10.5.2.3.3.

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

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

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

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

the equipment’s receiving and transmitting antennae must:

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

Note Paragraph 3.1.2.10.4.2.1 is recommendatory only.

9Subject to clause10, if Mode S transponder equipment incorporates ADS‑B functionality, the equipment must comply with the applicable approved equipment configuration required under Schedule 1 for ADS‑B transmitting equipment.

10For clauses 2 and 9, a requirement that the equipment be authorised in accordance with a specific TSO or ETSO does not apply to Mode S transponder equipment carried on certain light sport, experimental and other aircraft provided that:

Schedule 2 — Approved equipment configuration — ADS-B transmitting equipment — IFR and VFR flight

Part A — ADS-B transmitting equipment — approval and application

Approved equipment configuration — IFR and VFR flight

1Subject to this Part, an equipment configuration for ADS-B transmitting equipment is approved if it complies with the standards specified in Part B or Part C of this Schedule.

Application

2ADS‑B transmitting equipment carried on an aircraft in an IFR flight has an approved equipment configuration if, and only if, it complies with the standards in Part B or Part C of this Schedule.

Note No other Schedule applies to the equipment in an IFR flight.

3ADS‑B transmitting equipment carried on an aircraft in any operation at or above FL290 has an approved equipment configuration if, and only if, it complies with the standards in Part B or Part C of this Schedule.

Note No other Schedule applies to the equipment in an operation above FL290.

4ADS‑B transmitting equipment carried on an aircraft, in a flight that is not an IFR flight or any flight at or above FL290, has an approved equipment configuration if it complies with the standards in Part B or Part C of this Schedule.

Note For example, ADS‑B transmitting equipment carried on an aircraft in a VFR flight below FL290 would have an approved equipment configuration if it complied with the standards in Part B or Part C of this Schedule. However, another Schedule may apply to the equipment in the VFR flight.

Part B

ADS-B transmitting equipment — standard for approval

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

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

(b) meets the following requirements:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Altitude source equipment — standard

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

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

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

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

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

Part C

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

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

(a) it has been approved or accepted by:

(i) the NAA of a recognised country, as meeting the standards of EASA AMC 20‑24 or EASA CS‑ACNS; or

(ii) the FAA, as meeting the standards of 14 CFR 91.225 for 1090 Megahertz (MHz) Extended Squitter ADS-B; and

(b) the aircraft flight manual attests to the approval or acceptance; and

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

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

(a) it has been approved or accepted by:

(i) EASA as meeting the standards of EASA AMC 20‑24; or

(ii) the FAA as meeting the standards of 14 CFR 91.225 for 1090 Megahertz (MHz) Extended Squitter ADS‑B; and

(b) the aircraft flight manual attests to the approval or acceptance; and

Schedule 3 — Approved equipment configuration — Mode S transponder with Class B TABS position source device — VFR flight below FL290 only

Part A — ADS-B transmitting equipment — approval and application

Approved equipment configuration — Mode S transponder with Class B TABS position source device

1Subject to this Part, an equipment configuration for ADS‑B transmitting equipment is approved if it is a Mode S transponder with Class B TABS position source device that complies with the standards specified in Part B of this Schedule.

Application

2A Mode S transponder with Class B TABS position source device carried on an aircraft has an approved equipment configuration if it complies with:

(a) the standards in Part B of this Schedule; and

(b) the conditions set out in clauses 3 and 4.

Note Another Schedule may apply to the equipment in a VFR flight.

3For paragraph 2 (b), a Mode S transponder with Class B TABS position source device may only be operated in VFR flight below FL290.

4For paragraph 2 (b), if a Mode S transponder with Class B TABS position source device transmits a SIL value of less than 2, the aircraft must not enter controlled airspace in which:

(a) aircraft are required to carry serviceable ADS‑B transmitting equipment that complies with an approved equipment configuration in accordance with Schedule 2; or

(b) VFR aircraft are required to carry ADS-B transmitting equipment.

Note Carriage of a Mode S transponder with Class B TABS position source device does not remove the requirement to obtain ATC clearance to operate in Class B or C airspace. Nor does it remove the requirement to obtain CASA approval to operate in Class A airspace – see subregulation 99AA (3) of CAR.

Part B — Standards for a Mode S transponder with Class B TABS position source device

Mode S transponder — standard

1The Mode S transponder must be of a type that:

(a) is authorised in accordance with (E)TSO-C166B, as in force from time to time; or

(b) approved in writing by CASA as meeting the specifications in RTCA/DO‑260B, whether dated 2 December 2009, or a later version as in force from time to time; or

2When required to be operated, the Mode S transponder must transmit NACp, NIC, SIL and SDA values in accordance with the authorised capability of the GNSS position source.

GNSS position source equipment

3The geographical position transmitted by the Mode S transponder must be determined by:

(a) a Class B TABS position source device that is authorised in accordance with (E)TSO‑C199, as in force from time to time; or

(b) another source that is authorised in writing by CASA as being equivalent to a source mentioned in paragraph (a).

Altitude source equipment — standard

4The pressure altitude transmitted by the Mode S transponder must be determined by:

(a) a barometric encoder of a type that is authorised in accordance with (E)TSO-C88a, as in force from time to time; or

(b) another system that is authorised in writing by CASA as being equivalent to a barometric encoder mentioned in paragraph (a).

Schedule 4 — Approved equipment configuration — Integrated TABS device — VFR flight below FL290 only

Part A — ADS-B transmitting equipment — approval and application

Approved equipment configuration — integrated TABS device

1Subject to this Part, an equipment configuration for ADS-B transmitting equipment is approved if it is an integrated TABS device that complies with the standards specified in Part B of this Schedule.

Application

2An integrated TABS device carried on an aircraft has an approved equipment configuration if it complies with:

(a) the standards in Part B of this Schedule; and

(b) the conditions set out in clause 3.

Note Another Schedule may apply to the equipment in a VFR flight.

3For paragraph 2 (b) an integrated TABS device may only be operated in transmitting mode:

(a) in VFR flight below FL290; and

(b) in Class D, Class E or Class G airspace.

Note An integrated TABS device is not a substitute for mandatory carriage of a transponder in relevant airspace, except in Class E airspace, or in Class G airspace above 10 000 ft: see Schedule 1AA, paragraph 5 (b).

Part B — Standards for an integrated TABS device

1An integrated TABS device must meet the technical specifications in (E)TSO‑C199, as in force from time to time, that are for a device with integrated Class A TABS and Class B TABS functionality.

2An integrated TABS device must transmit a SIL value of 1.

3Subject to clause 4, an integrated TABS device must be authorised by the relevant NAA of the equipment manufacturer as meeting the standards mentioned in clauses 1 and 2.

4Clause 3 does not apply to an integrated TABS device carried on certain light sport, experimental and other aircraft provided that the TABS device that is carried:

(a) provides the pilot, other aircraft and ATC with the same transponder and surveillance capability as would be provided if an integrated TABS device were expressly authorised by the relevant NAA; and

(b) the pilot has a statement of compliance (or however described) from the equipment manufacturer certifying that the equipment otherwise meets the standards mentioned in clauses 1 and 2.

Schedule 5 — Approved equipment configuration — EC device — VFR flight below FL290 only

Part A — ADS-B transmitting equipment — approval and application

Approved equipment configuration — EC device

1Subject to this Part, an equipment configuration for ADS‑B transmitting equipment is approved if it is an electronic conspicuity device (an EC device) that complies with the standards specified in Part B of this Schedule.

Note Only EC devices that meet all of the requirements of this Schedule are EC devices for the purposes of this Schedule.

Application

2An EC device carried on an aircraft has an approved equipment configuration if it complies with:

(a) the standards in Part B of this Schedule; and

(b) the conditions set out in clause 3.

Note Another Schedule may apply to the equipment in a VFR flight.

3For paragraph 2 (b), an EC device must not be operated in transmitting mode:

(a) in VFR flight at or above FL290; or

(b) concurrently with a Mode S transponder that is also transmitting ADS-B.

Note An EC device may be operated concurrently with a Mode A/C, or a Mode S transponder (other than one that is transmitting ADS‑B) but it is not a substitute for mandatory carriage of a transponder in relevant airspace.

Part B — Standards for an EC device

1Subject to clauses 3 and 4, an EC device must meet the technical specifications in UK CAP 1391.

2An EC device must use a Class B TABS position source that complies with the performance standards specified in (E)TSO-C199, as in force from time to time.

3An EC device must:

(a) be capable of transmitting a SIL value of 1, in accordance with the standards in UK CAP 1391 for an EC device that uses a Class B TABS position source; and

(b) transmit that SIL value of 1.

4Despite the standards in UK CAP 1391, an EC device must:

(a) meet the requirements described in paragraph 2.2.3.2.7.2.4.6 of RTCA/DO‑260B for transmitting an SDA of 1; and

(b) transmit an SDA value of 1.

5An EC device must use a barometric encoder for altitude information.

6An EC device must be mounted in accordance with the manufacturer’s instructions.

7An EC device, when mounted in accordance with the manufacturer’s instructions, must not:

(a) interfere with aircraft controls; or

(b) otherwise affect the safe operation of the aircraft.

8The following administrative standards for an EC device must be complied with:

Note See paragraph 3 (b) in Schedule 1.

(a) an EC device must have a statement of compliance (however described) from the EC device manufacturer certifying that the device meets the requirements mentioned in clauses 1 to 5 (a declaration of capability and conformance to the requirements in clauses 1 to 5 or a declaration);

(b) the pilot in command of an aircraft that uses an EC device must carry the declaration, or a copy of it, on board the aircraft;

(c) an EC device model must not be operated in a transmit mode anywhere in Australia unless it is listed on the CASA website as an EC device model for which the manufacturer has made a valid declaration.

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

Note 1

Note: CASA 61/14 – Direction – use of ADS-B in foreign aircraft engaged in private operations (in force under under subregulation 209 (1) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901) as shown in this compilation is amended as indicated in the tables below.

Note: > Note: Table of instruments

Title	Date of FRLregistration	Date ofcommencement	Application, saving ortransitional provisions
CASA 61/14Direction – use of ADS-B inforeign aircraft engaged inprivate operations	21 May 2014 (see F2014L00586)	22 May 2014	—
Civil Aviation Legislation Amdt and Repeal (ATSOs) Instrument 2017	30 November 2017(see F2017L01553)	30 November 2017	—
CASA 25/20 — Direction — use of ADS-B in foreign aircraft engaged in private operations Amendment Instrument 2020 (No. 1)	11 June 2020(see F2020L00685)	11 June 2020	—

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="width:465.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span class="CharENotesHeading" style="font-size:10pt; font-weight:bold">Table of Amendments</span></p><p class="TableOfAmendHead" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:149.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>Provision affected</span></p></td><td style="width:304.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Section 1</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>rep. </span><span style="font-style:italic">Legislation Act 2003</span><span>, s. 48D</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Section 2</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>rep. </span><span style="font-style:italic">Legislation Act 2003</span><span>, s. 48C</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Section 3</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>am. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Section 5</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>am. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 1</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>am. </span><span>F2017L01553</span><span>, </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 1AA</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>ad. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 1A</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>am. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 2</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>am. F2017L01553, </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 3</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>ad. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 4</span></p></td><td style="width:304.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>ad. </span><span>F2020L00685</span></p></td></tr><tr><td style="width:149.75pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>Schedule 5</span></p></td><td style="width:304.9pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt; line-height:normal"><span>ad. </span><span>F2020L00685</span></p></td></tr></tbody></table>

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

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

(as amended)

made under subregulation 209 (1) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

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

Compilation No. 2.

3 Definitions

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

4 Direction

5 Condition

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

Schedule 1 Directions relating to carriage and use of automatic dependent surveillance – broadcast equipment

1 In this Schedule, and in Schedules 1AA, 1A, 2, 3, 4 and 5:

14 CFR 91.225 means regulation 91.225 of the United States Title 14 Code of Federal Regulations (CFR) titled Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, as in force from time to time.

ADS-B means automatic dependent surveillance – broadcast.

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

aircraft means a foreign aircraft.

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

The instrument works by defining a narrow regulatory domain and specifying approved equipment configurations and operational modes within it. Main concepts in the text are:

Foreign aircraft engaged in private operations: The direction applies specifically to “foreign aircraft engaged in private operations” when operating in Australian territory (cl. 4; Schedule 1 definitions). The term “foreign aircraft” is used in the schedules to mean that category (Sched 1 note and definitions).
Condition of operation: Clause 5 makes conformity with the applicable Schedules a condition for operations under CAR and CASR. The condition‑based formulation turns technical conformity into a prerequisite for lawful operations into, out of, or within Australia.
ADS‑B transmitting equipment and approved equipment configuration: The heart of the instrument is a regime that defines “approved equipment configurations” for ADS‑B transmitting equipment. These configurations are spelled out in Schedules 2-5 (Sched 1 cl. 3; Scheds 2-5). Schedule 2 is the baseline for IFR and flights at/above FL290. Schedules 3, 4 and 5 provide alternative, more limited configurations for VFR flights below FL290, including Mode S with a Class B TABS position source device (Sched 3), integrated TABS devices (Sched 4) and electronic conspicuity (EC) devices (Sched 5).
Technical standards and international recognition: The instrument references, makes mandatory where applicable, or accepts equivalence to a suite of international technical standards and approvals (FAA TSO‑C166, TSO‑C145a, RTCA/DO‑260, RTCA/DO‑260B, (E)TSO‑C199, EASA AMC/CS‑ACNS, 14 CFR 91.225, Annex 10 of the Chicago Convention, UK CAP 1391, RTCA/DO‑229D). Compliance can be demonstrated by authorisation under those standards, or by written CASA approval or NAA acceptance as described in the schedules (see Schedule 1 definitions and Scheds 2-5).
Operational requirements for transmissions and pilot control: The direction sets transmission content requirements (aircraft address and flight identification per cl. 4) and continuous transmission rules (cl. 5), while preserving ATC authority to direct otherwise. It also requires that, unless otherwise authorised by CASA, equipment must allow the pilot to activate and deactivate transmissions in flight (cl. 11).
Safety and integrity metrics: The instrument requires devices to transmit or be capable of transmitting technical integrity metrics such as NUCp, NACp, NIC, SIL and SDA where applicable (Scheds 1, 1A, 3, 4 and 5). It also regulates how those values interact with allowed airspace (e.g. Sched 3 cl. 4 prohibits entry into certain controlled airspace if SIL < 2).
Administrative documentation and declarations: For certain equipment types, manufacturers must supply statements of conformance or declarations which pilots must carry and for EC devices the model must be listed on CASA’s website (Schedule 5 Part B cl. 8).

The instrumental logic is to link international technical approvals to Australian operational permission, but also to provide limited, conditional alternative solutions for small, light sport and experimental aircraft through manufacturer declarations and CASA written approvals. The instrument creates multiple tiers of permitted equipment depending on flight rules, altitude and airspace.

The primary legal subjects are operators and pilots in command of foreign aircraft engaged in private operations when flying into, out of, or within Australian territory (cl. 4). That includes private‑use foreign registered airplanes that are not operating as commercial air transport and that enter Australian airspace.

Affected parties and stakeholders include:

Pilots in command and aircraft operators of foreign private aircraft: They carry the duty to ensure the aircraft’s ADS‑B and SSR transponder equipment complies with the applicable Schedule for the intended flight (cl. 4-5, Scheds 2-5). They must also carry required administrative documents onboard (e.g. EC device declaration per Sched 5 Part B cl. 8(b)).
Aircraft manufacturers and equipment suppliers: For certain light sport, experimental and other aircraft the instrument permits operation without specific TSO/ETSO authorisation if the manufacturer provides a “statement of conformance” certifying conformity with TSO/ETSO standards (cl. 12; Scheds 4 cl. 4; 1A cl. 10). EC device manufacturers must provide model declarations and statements of compliance which are relied on administratively (Sched 5 Part B cl. 8).
National Airworthiness Authorities (NAAs) and foreign regulators: The instrument accepts approvals or acceptances by the FAA or EASA (Sched 2 Pt C cl. 7-8, Sched 1 definitions and notes), and it imports NAA‑issued aircraft addresses and other data (Sched 1 definitions). NAAs thus play a role where devices or configurations rely on their certification.
Air Traffic Control (ATC) and CASA: ATC retains operational authority to direct or approve deviations from continuous transmission obligations (cl. 5). CASA retains discretion to grant written authorisation to operate without ADS‑B or to approve equipment that does not meet a named TSO/ETSO (cl. 10, cl. 12, Sched 2 Pt B cl. 2(c)).
Pilots of aircraft subject to SSR/transponder carriage rules: Schedule 1AA imposes Mode A/C carriage requirements for specified aircraft manufactured before 6 February 2014 or with older installations and operating in certain airspace, thereby affecting a cohort of older foreign aircraft (Sched 1AA cl. 2, 4).
Users of EC devices and integrated TABS: For VFR flights below FL290, operators may use lower‑grade EC devices or integrated TABS devices subject to the specific technical and administrative standards in Scheds 4 and 5, affecting the market for “electronic conspicuity” devices (Sched 4 Part A cl. 3; Sched 5 Part A cl. 3).

Who is not directly regulated by this direction, by its plain terms:

Foreign aircraft engaged in commercial operations and Australian-registered aircraft (the instrument explicitly operates in the context of foreign aircraft engaged in private operations; Schedule 1 definition and cl. 4 context). The direction therefore targets a discrete subset of international operators rather than every aircraft arriving in Australia.

Who decides:

CASA has a recurring decision role: written authorisations, approvals, equivalence findings, and listings on the CASA website (see cl. 10(a), cl. 12, Sched 2 Part B cl. 2(c), Sched 5 Part B cl. 8(c)).

In short, private foreign operators and their pilots must make operational and procurement choices about surveillance equipment that align with the Schedule applicable to the flight’s rules and altitude, and must carry and produce specified manufacturer statements or attestations where the Schedule requires them.

The instrument allocates concrete duties, permissions and limited rights as follows.

Duties (operator and pilot in command)

Comply with the direction and the condition that operations under CAR and CASR must conform with the applicable Schedule (cl. 4-5). This is the central legal duty.
If serviceable ADS‑B transmitting equipment is carried, ensure it transmits the current aircraft address and a flight identification that matches the flight notification filed with ATC, or is the registration if no flight notification is filed, or is otherwise directed/approved by ATC (cl. 4).
Operate ADS‑B transmitting equipment continuously during flight where required: Schedule 2 equipment must be operated continuously during the flight in all airspace and at all altitudes unless ATC directs otherwise; equipment complying with Scheds 3, 4 or 5 must be operated continuously within the airspace/altitude limits set by those Schedules unless ATC directs otherwise (cl. 5).
Ensure that, if carrying ADS‑B equipment that does not comply with an approved configuration, the equipment is deactivated or set to transmit zero values for NUCp, NACp, NIC or SIL prior to the flight (cl. 6). The instrument notes that transmitting zero values is considered equivalent to deactivation.
In IFR operations and in all operations at or above FL290, carry serviceable ADS‑B transmitting equipment that complies with the approved equipment configuration in Schedule 2 (cl. 8).
For VFR below FL290, ensure any carried ADS‑B equipment complies with Schedule 2, 3, 4 or 5 (cl. 9).
Allow pilot control to activate and deactivate transmissions unless CASA approves otherwise in writing (cl. 11).

Rights, discretionary permissions and exceptions

CASA can authorise in writing an operation without ADS‑B transmitting equipment (cl. 10(a)). This is an explicit administrative right available to operators who obtain CASA approval.
Short‑term flights with unserviceable ADS‑B equipment may proceed within 3 days of the discovery of the unserviceability provided one of a small set of conditions applies: CASA wrote approval for the flight, the unserviceability is permissible under the State of registration’s MEL, or ATC clears the flight despite the unserviceability (cl. 10(b)(i)-(iii)).
ADS‑B test flights in VMC below FL290 need not deactivate equipment even if non‑complying, subject to cl. 7.
For certain light sport, experimental and other aircraft, the requirement that equipment be authorised to a specified TSO/ETSO is waived if the carried equipment provides equivalent transponder and surveillance capability and the pilot/operator has a manufacturer statement of conformance (cl. 12 and Scheds 4 cl. 4; Sched 1A cl. 10; Sched 2 cl. 12).

Administrative obligations

For EC devices, the manufacturer must provide a statement of compliance, the pilot in command must carry that declaration on board, and the model must be listed on CASA’s website as an EC device model for which the manufacturer has made a valid declaration (Sched 5 Part B cl. 8(a)-(c)).
For alternative approved configurations recognised by foreign NAAs or the FAA, the aircraft flight manual must attest to the approval or acceptance (Sched 2 Part C cl. 7-8).

Technical obligations

GNSS, barometric encoder and other technical requirements are imposed depending on the schedule: e.g. GNSS receivers for aircraft manufactured on or after 8 December 2016 must be TSO‑C145a/146a/196 authorised or meet specified FDE and HPL requirements (Sched 2 Part B cl. 3); pressure altitude must be from a TSO‑C88a authorised barometric encoder or equivalent (Sched 2 Part B cl. 5).

Limits on duties and ATC discretion

ATC retains the right to direct otherwise with respect to transmission operation (cl. 5).
CASA retains authorisation powers; where CASA grants written authorisation or approval, the operator may operate notwithstanding otherwise applicable Schedule restrictions (cl. 10, cl. 12, Scheds).

The instrument does not itself specify criminal fines or civil penalty amounts. It imposes operational conditions and technical carriage requirements which, if not met, will make an operation non‑conforming with CAR/CASR and therefore exposed to enforcement action under the broader civil aviation regulatory framework.

The instrument is a direction that creates conditions of lawful operation, but it does not itself set out specific monetary penalties, criminal offences, or a graduated enforcement regime within its text. The direction is framed as an administrative instrument made under subregulation 209(1) of CAR and s 33(3) of the Acts Interpretation Act 1901 (instrument heading and compilation note). As such, the likely enforcement pathway is administrative and regulatory, using CASA’s statutory powers under the Civil Aviation Act 1988, CAR and CASR to address contraventions, but those enforcement powers, penalties and processes are not described in this direction itself.

What the direction does provide that bears on enforcement and compliance:

It makes ADS‑B technical conformity an express condition of operations under CAR and CASR (cl. 5). A failure to meet this condition converts the operation into one that does not comply with the regulatory preconditions for lawful operation and therefore renders the operator/pilot exposed to enforcement action under the primary aviation statutes and regulations. The direction itself does not create new criminal offences in its text.
It creates clear, measurable technical compliance hooks: transmission content (aircraft address, correct flight identification), continuous operation obligations, specific GNSS and encoder standards, and administrative requirements like manufacturer declarations. These elements are objectively verifiable by inspectors and ATC, facilitating enforcement in practice (cl. 4-5; Scheds).
It reserves explicit authorising and approving powers to CASA (cl. 10(a), cl. 12, Scheds 2 Pt B cl. 2(c), Sched 5 Part B cl. 8(c)), indicating that CASA will exercise discretion in granting exemptions or making equivalence findings. Non‑compliance without CASA written authorisation removes the defence of administrative permission.
The instrument includes flight safety related restrictions tied to integrity metrics (e.g. Sched 3 cl. 4 disallowing entry into certain controlled airspace if SIL < 2). ATC may deny clearance or take operational measures where aircraft do not meet the declared surveillance capability.

Practical enforcement mechanisms in the field (implied by the direction’s structure, not stated as sanctions in the text):

ATC may refuse clearance or deny entry to controlled airspace where the equipment does not meet the required configuration or transmitted parameters do not match filed identification (cl. 4, cl. 5, Sched 3 cl. 4).
CASA inspection or oversight functions can check compliance with required manufacturer declarations and with whether EC device models are listed on CASA’s website (Sched 5 Part B cl. 8).
Written CASA approvals and attestations required by the schedules create administrative records which inspectors and enforcement officers can audit.

Because the instrument itself is silent on the quantum and mechanics of penalties, operators should assume that enforcement will be through the broader Civil Aviation regulatory enforcement framework rather than via bespoke sanctions contained within the direction. Parties needing certainty should refer to the Civil Aviation Act, CAR and CASR for details on enforcement powers, notices, infringement notices, suspension of authorisations and civil penalties applicable to non‑compliance with directions and regulatory conditions.

The direction explicitly anchors itself to, and interacts with, several layers of aviation law and technical standards. The text itself cites and relies on other instruments, international technical standards and civil aviation law in multiple ways:

Statutory and regulatory framework

Made under subregulation 209(1) of CAR and s 33(3) of the Acts Interpretation Act 1901 (instrument heading and preamble). Clause 5 makes the direction a condition for operations “under CAR and CASR”. The direction thus operates within the statutory/regulatory space created by the Civil Aviation Act, CAR and CASR; it does not replace those instruments.
Schedule 1AA expressly references subregulation 174A(1) of CAR as the provision for which the SSR transponder specification is relevant (Sched 1AA cl. 1), tying the instrument to specific CAR obligations on carriage of transponders.

International standards and foreign NAA approvals

The direction integrates FAA TSOs, (E)TSOs, EASA AMC/CS‑ACNS and 14 CFR 91.225, RTCA DO documents and Annex 10 standards into the approval framework. For example, Schedule 2 Part B requires ADS‑B transmitting equipment to be authorised by the FAA in accordance with TSO‑C166 or to meet RTCA/DO‑260 specifications, or to be otherwise authorised in writing by CASA (Sched 2 Pt B cl. 2). Schedule 2 Part C allows alternative approval where a device has been approved by a recognised NAA as meeting EASA AMC 20‑24 or FAA 14 CFR 91.225 and where the aircraft flight manual attests to that approval (Sched 2 Pt C cl. 7-8).
The instrument expressly recognises NAA and foreign acceptance for equivalence and certification tasks. The Schedule 1 definition of NAA notes EASA can act for a country in relation to functions it carries out on behalf of that country.

Civil Aviation Orders and CASR amendments

The instrument references Civil Aviation Orders (CAOs) in its definition of “Certain light sport, experimental and other aircraft” (Sched 1 definition e). It also notes that Part 103 of CASR commences on 25 March 2021 and that its inclusion is permitted by s 98(5D) of the Civil Aviation Act (Sched 1 note). This reflects interplay with other administrative instruments that determine aircraft categories and operational regimes.

Administrative authorisations and documents

The instrument requires written authorisations or approvals from CASA in several places (cl. 10(a), cl. 12, Sched 2 Pt B cl. 2(c), Sched 5 Part B cl. 8(a)-(c)). It thus relies on CASA’s administrative discretion and record‑keeping.
The requirement that EC device models be listed on CASA’s website (Sched 5 Part B cl. 8(c)) connects technical certification to public administrative lists, which is an interaction across regulatory instrument form and administrative practice.

Operational law and ATC

The continuous operation obligation is subject to ATC directions or approvals (cl. 5). The direction therefore interfaces directly with operational ATC authority, which is embedded within the civil aviation operational law framework.

Technical standards, avionics approvals and airworthiness law

The instrument imports avionics certification standards (TSOs, ETSOs, RTCA documents). These standards are typically applied in airworthiness approvals and equipment certification. The direction permits CASA to accept equivalence where foreign NAA approvals exist, linking operational permissibility to airworthiness certification regimes.

Transitional, amendment and saving provisions

The Notes and Table of Amendments show the instrument has been updated and interacts with amendment instruments (e.g. Civil Aviation Legislation Amdt and Repeal (ATSOs) Instrument 2017; CASA 25/20 amendment 2020) , these amendments change which TSOs/ETSOs or Schedules apply and thus interact with earlier instruments and commencement of other regulatory parts (Notes table).

In practical terms, operators must consider not just the direction but the web of standards and approvals it imports. Compliance often requires satisfying foreign NAA TSOs or ETSOs or obtaining CASA written approvals. The instrument does not stand alone: it creates conditions enforceable through CAR/CASR and depends on airworthiness certification systems, ATC operational rules, CAOs, and technical standards referenced in the Schedules.

The instrument as compiled was prepared on 16 July 2020 and includes amendments up to CASA 25/20 , Direction , use of ADS‑B in foreign aircraft engaged in private operations Amendment Instrument 2020 (No. 1). The Notes accompanying the compilation record the following principal instrument dates and amendments:

Original instrument: CASA 61/14 , Direction , use of ADS‑B in foreign aircraft engaged in private operations, registered 21 May 2014 and commencing 22 May 2014 (see the Table of Instruments in the Notes).
Civil Aviation Legislation Amendment and Repeal (ATSOs) Instrument 2017: registered 30 November 2017 and commencing 30 November 2017. The Table of Amendments indicates Schedule 1 and Schedule 2 were amended (F2017L01553 referenced in the Table of Amendments for Schedule 1 and Schedule 2).
CASA 25/20 , Direction , use of ADS‑B in foreign aircraft engaged in private operations Amendment Instrument 2020 (No. 1): registered 11 June 2020 and commencing 11 June 2020 (F2020L00685). This instrument amended several provisions including s 3, s 5, Schedule 1, Schedule 1A, Schedule 2, and added Schedules 1AA, 3, 4 and 5 among other changes (see the Table of Amendments in the Notes where F2020L00685 appears against Section 3, Section 5, Schedule 1, Schedule 1A, Schedule 2 and ad. for Schedules 1AA, 3, 4, 5).

The Table of Amendments in the instrument’s Notes lists, by “Provision affected” column, the amendments and their shorthand references, for example:

Section 3 , amended F2020L00685.
Section 5 , amended F2020L00685.
Schedule 1 , amended F2017L01553 and F2020L00685.
Schedule 1AA , added F2020L00685.
Schedule 1A , amended F2020L00685.
Schedule 2 , amended F2017L01553 and F2020L00685.
Schedules 3 and 4 , added F2020L00685.
Schedule 5 , added F2020L00685.

There are also earlier repeals or substitutions recorded in the Table of Amendments for Sections 1 and 2 concerning the Legislation Act 2003 (rs./rep. entries for s 48C/D), reflecting formal compilation changes to statutory text rather than operational content.

The notes also record that Civil Aviation Order 20.18 Amendment Instrument 2020 (No. 1) repealed instrument CASA 316/98, which previously contained instructions under subregulation 174A(1) of CAR regarding carriage of transponders. That repeal and the addition of Schedule 1AA reflect administrative reorganisation of transponder carriage requirements.

Mechanically, the amendments in 2017 and 2020 broadened the range of acceptable equipment configurations (adding Schedules addressing Mode S/Class B TABS, integrated TABS, and EC devices), updated references to TSOs/ETSOs and RTCA documents, created administrative declaration regimes for EC devices, and added carriage instructions (Schedule 1AA) for SSR transponder equipment. The 2020 instrument (CASA 25/20) appears to be the source of most of the added Schedules and the administrative declaration framework for EC devices and integrated TABS.

Where precise transitional arrangements apply (for example, the note that Part 103 of CASR commences on 25 March 2021), the instrument records those links in Schedule 1 notes, but no separate transitional mechanics beyond the schedules’ application clauses are set out in the direction text. Users should consult the amendment instruments themselves and CASA guidance for operational transitional provisions and for any current CASA lists (for EC device models) produced after the 2020 amendment.

The direction’s text and accompanying compilation include no references to litigation, judicial decisions, legal challenges or case law construing the instrument. The instrument does not cite any judicial authorities and the Notes provide only amendment and registration history. Consequently, within the source you supplied there are no named cases or litigation outcomes to report.

Practitioners seeking precedent or judicial interpretation must therefore look beyond this instrument to the broader civil aviation statute and to any relevant decisions under the Civil Aviation Act, CAR or CASR in external legal databases. The direction itself is an administrative instrument that sets conditions and technical standards; absent court decisions cited in the instrument, one cannot infer how courts or tribunals have treated compliance disputes, the scope of CASA’s authorisation powers under this instrument, or any enforcement actions taken in respect of contraventions of the direction without searching external litigation records.

The direction contains several provisions that can create operational or compliance traps if not read carefully. These are concrete, technical points that affect whether an aircraft may lawfully operate and how pilots or operators must act.

“Foreign aircraft engaged in private operations” restricts application: The instrument applies to foreign aircraft engaged in private operations (cl. 4; Schedule 1 definitions). It does not by its terms regulate foreign commercial operations or Australian‑registered aircraft. Make sure the aircraft’s operation type is correctly classified; misclassification can lead to misunderstanding of the applicable Schedule.
Schedule applicability depends on flight rules and altitude: Compliance obligations differ sharply by whether the flight is IFR or VFR and whether it is at or above FL290. IFR flights and any operation at or above FL290 must carry Schedule 2 equipment (cl. 8; Sched 2 Pt A). VFR flights below FL290 have a menu of options (Scheds 2, 3, 4, 5) but each alternative carries its own limitations (e.g. Sched 3 and 4 are limited to VFR below FL290 and may restrict controlled airspace entry if certain integrity metrics are low , Sched 3 cl. 3-4; Sched 4 cl. 3). Operators must plan equipment against the exact flight profile.
Non‑compliant equipment must be deactivated or set to zeros: Clause 6 requires deactivation or setting NUCp/NACp/NIC/SIL to zero before flying in Australia. The instrument explicitly treats zero transmission as equivalent to deactivation. Some avionics may not have a clear “deactivate ADS‑B” capability or may not permit setting those values to zero; pilots must ensure their equipment can comply or obtain CASA authorisation.
Pilot activation/deactivation control required, unless CASA directs otherwise: Clause 11 requires that ADS‑B equipment allow the pilot to activate/deactivate transmissions during flight unless CASA approves otherwise. Some non‑Australian certified equipment may not have such cockpit control; operators should verify compliance and, where absent, seek CASA written approval.
Alternative approvals require documentary evidence: Schedule 2 Part C allows equipment authorised by FAA/EASA to be accepted, but the aircraft flight manual must attest to the approval or acceptance (Sched 2 Pt C cl. 7-8). Similarly, EC devices require manufacturer statements and listing on the CASA website (Sched 5 Part B cl. 8). Failure to carry the required documents onboard (or to ensure model listing on CASA’s site) can be a compliance shortfall.
Light sport/experimental aircraft concessions are limited and conditional: Clause 12 and corresponding schedule clauses permit equipment not authorised to a TSO/ETSO where the equipment provides equivalent capability and a manufacturer statement of conformance exists. However, equivalence and the required statement must be established in writing, and such statements may not substitute for formal airworthiness approvals in all contexts.
Transmission content and matching flight identity: Clause 4 requires that flight identification transmitted by ADS‑B correspond exactly to the flight notification filed with ATC, or the aircraft registration if no flight notification is filed, unless ATC directs otherwise. Mismatch between filed flight ID and transmitted flight ID can create ATC operational problems and potentially lead to denial of clearance.
Mode S EHS DAPs caution: Schedule 1A notes that Australian Mode S SSR are EHS DAPs‑capable and that implementation of EHS DAPs transmissions not in accordance with ICAO standards may be misleading to ATC (Sched 1A cl. 7 and notes). If Mode S equipment transmits EHS DAPs, the transmitted DAPs must comply with Annex 10 standards. Operators should ensure correct parameter transmission.
EC device concurrent transmission limitation: An EC device must not be operated in transmitting mode concurrently with a Mode S transponder that is also transmitting ADS‑B (Sched 5 Part A cl. 3(b)). Operators that install both devices must understand how they interact and ensure only permitted combinations are used.
Antenna installation and diversity for certain aircraft: Schedule 1A cl. 8 requires upper and lower fuselage antenna locations and diversity operation for certain newer aircraft (first registered on/after 9 Feb 2012 with MTOW > 5,700kg or VMO > 250kt). Antenna placement that does not meet these requirements may render the equipment non‑compliant for those aircraft classes.
Administrative dependency on CASA listings and approvals: For EC devices, the model must be listed on CASA’s website (Sched 5 Part B cl. 8(c)). There is an administrative dependency and potential timing issue , a device may meet the technical spec, but until the manufacturer’s declaration has been processed and the model listed, it may not be lawfully used in transmit mode in Australia.
Short unserviceability window requires prior clearance or MEL permissibility: Clause 10(b) allows some flights with unserviceable equipment within 3 days of discovery only if one of a narrow set of approvals or MEL permissibility applies and ATC clears the flight. Operators relying on this short window must ensure either CASA approval, acceptance under their State of registration’s MEL, or ATC clearance in advance.

Operators and compliance teams should document and cross‑check the exact schedule applicable to each intended flight, carry required attestations and manufacturer statements on board, verify equipment capabilities (pilot cockpit control, ability to set zero NUCp/NACp/NIC/SIL values, antenna placement), and obtain CASA written approvals where the equipment or operational need falls outside the Schedules’ default regimes.

Compliance requires matching the aircraft and planned flight to the appropriate Schedule(s), ensuring the installed equipment meets the prescribed technical standards or has CASA‑accepted equivalence, carrying required documents, and following operational transmission rules. Below is a practical compliance checklist, grounded in the instrument’s clauses and Schedules.

Determine applicability

Confirm the aircraft is a “foreign aircraft engaged in private operations” operating into, out of, or within Australian territory (cl. 4; Schedule 1 definitions). If not, the direction in this form does not apply.

Identify flight type and applicable Schedule

IFR or any operation at/above FL290: Schedule 2 is mandatory (cl. 8; Sched 2 Pt A cl. 2-3). No other Schedule applies for IFR or flights at/above FL290 (Sched 2 notes).
VFR below FL290: you may use equipment complying with Schedule 2, 3, 4, or 5 as applicable; check the specific restrictions in each Schedule (cl. 9; Scheds 2-5 Pt A Application clauses).
If operating in certain controlled airspace, additional restrictions may apply (Sched 3 cl. 4).

Meet equipment technical standards

For Schedule 2 baseline: ensure ADS‑B equipment is TSO‑C166 authorised by FAA or meets RTCA/DO‑260 and utilises HPL as required (Sched 2 Pt B cl. 2). For aircraft manufactured on/after 8 Dec 2016, GNSS must be TSO‑C145a/TSO‑C146a/TSO‑C196 or meet specified FDE/HPL/SIL/NIC requirements (Sched 2 Pt B cl. 3). Ensure pressure altitude comes from a TSO‑C88a barometric encoder or equivalent (Sched 2 Pt B cl. 5).
For Sched 3 Mode S + Class B TABS: ensure Mode S authorised to (E)TSO‑C166B or RTCA/DO‑260B and Class B TABS source authorised to (E)TSO‑C199 (Sched 3 Pt B cl. 1, 3).
For Sched 4 integrated TABS devices: meet (E)TSO‑C199 integrated Class A and Class B functionality, transmit SIL 1, and operate only in VFR below FL290 and in Class D/E/G airspace (Sched 4 Part B cl. 1-3; Part A cl. 3).
For Sched 5 EC devices: meet UK CAP 1391 specs subject to additional RTCA/DO‑260B SDA requirements; use Class B TABS position source that meets (E)TSO‑C199 and barometric encoder for altitude (Sched 5 Part B cl. 1-6). Ensure device transmits SIL 1 and SDA 1 as required (Sched 5 cl. 3-4).

Verify and document approvals and attestations

If relying on FAA/EASA/NAA approvals or alternative acceptance, ensure the aircraft flight manual attests to the approval/acceptance as required by Schedule 2 Part C cl. 7-8.
For light sport/experimental aircraft relying on manufacturer statements instead of a TSO/ETSO, obtain the statement of conformance and carry it on board where schedules require (cl. 12; Sched 4 cl. 4; Sched 1A cl. 10).
For EC devices, obtain the manufacturer’s statement of compliance and ensure the pilot in command carries a copy on board; ensure the model is listed on CASA’s website before transmitting in Australia (Sched 5 Part B cl. 8(a)-(c)).

Configure transmissions correctly

Verify that the ADS‑B equipment transmits the aircraft address assigned by the State of registration’s NAA and that the flight identification matches the ATC flight notification exactly or is the registration if no flight notification is filed, or else is directed/approved by ATC (cl. 4; Sched 1A cl. 3-6).
Ensure the equipment transmits integrity indicators (NUCp, NACp, NIC, SIL, SDA) as required by the relevant schedule and at levels compatible with the intended airspace (Scheds 1, 1A, 3-5). Do not enter airspace prohibited for particular integrity levels (e.g. Sched 3 cl. 4).

Operate continuously as required

For Schedule 2 equipment, operate continuously during the entire flight in all airspace and altitudes unless ATC directs otherwise (cl. 5(a)). For Scheds 3-5, operate continuously within the airspace/altitude ranges specified (cl. 5(b); respective schedule application clauses).
If ATC instructs differently, comply with ATC directions; document any deviations and ATC approvals.

Ensure pilot cockpit control and test flight allowances

Ensure ADS‑B equipment allows pilot activation/deactivation in flight, unless CASA has granted a written exemption (cl. 11).
For ADS‑B test flights in VMC below FL290, note that clause 7 permits operation of non‑complying equipment for the test flight without deactivation. Document the flight as an ADS‑B test flight.

Manage non‑serviceability and short‑term exceptions

If equipment is unserviceable, before intending to fly determine whether the short‑term allowance in cl. 10(b) applies: the flight must take place within 3 days of discovery and at least one of the listed conditions must apply (CASA approval, permissible unserviceability in the State of registration’s MEL, or ATC clearance despite the unserviceability). Obtain ATC clearance in advance if relying on that condition.

Coordinate with ATC and CASA for authorisations

If planning to operate without ADS‑B, or if equipment cannot be configured to meet TSO/ETSO requirements and no manufacturer statement is available, seek written CASA authorisation before flight (cl. 10(a); cl. 12).
If relying on an alternative equipment configuration accepted by a foreign NAA or the FAA, ensure the aircraft flight manual attests to that acceptance (Sched 2 Pt C).

Maintenance, installation and antenna considerations

Ensure antennae are installed to meet any aircraft‑type‑specific requirements (e.g. upper and lower fuselage antennae and diversity for aircraft first registered on or after 9 Feb 2012 with certain weights/speeds , Sched 1A cl. 8).
For EC and integrated devices, ensure mounting complies with manufacturer instructions and does not interfere with controls (Sched 5 Part B cl. 6-7).

Recordkeeping and on‑board documentation

Carry required manufacturer statements, declarations and the aircraft flight manual attestation on board as required by the applicable schedule (Sched 5 cl. 8(b); Sched 2 Pt C cl. 7-8; cl. 12).
Maintain records of CASA approvals and any equivalence determinations.

Verify CASA website listings and current guidance

For EC devices, confirm the model appears on CASA’s EC device list before using transmit mode in Australia (Sched 5 Part B cl. 8(c)). Check for any updated CASA guidance or lists post‑amendment.

If an operator or pilot is uncertain on the equipment classification or equivalence status, obtain CASA written confirmation prior to flight. Because the instrument ties permission to specific technical regimes and administrative attestations, documentation and pre‑flight checks are central to compliance.

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

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

Source text: opening excerpt

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

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