Commonwealth legislation

CASA EX10/16 - Exemption—aircraft operating without carriage of Mode S transponder equipment (National Jet Express)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument gives National Jet Express temporary permission to operate one specific aircraft—a BAe 146-100 with registration VH-NJV—without standard transponder equipment at Australia's four major airports (Brisbane, Sydney, Melbourne, and Perth).

Normally, aircraft must carry a working ADS-B capable Mode S transponder (a device that broadcasts the aircraft's position and identity to air traffic control). This exemption waives that legal requirement for a short period—from 4 February 2016 to the end of March 2016.

Important condition: For every flight plan filed for this aircraft in Australian airspace, the operator must include a specific note in Item 18: RMK/CASA MODE S EXEMPT. If this exact text is missing, Airservices Australia's computer systems will automatically reject the flight plan.

This is a targeted, time-limited exemption allowing the aircraft to continue operating while presumably awaiting equipment installation or repair.

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Current sections

Direct links to the current provisions in CASA EX10/16 - Exemption—aircraft operating without carriage of Mode S transponder equipment (National Jet Express).

CASA EX10/16 - Exemption—aircraft operating without carriage of Mode S transponder equipment (National Jet Express)

Instrument number CASA EX10/16

I, PETER beilby cromarty, Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P.B. Cromarty]

Peter Cromarty
Executive Manager
Airspace and Aerodrome Regulation Division

19th January 2016

Exemption — aircraft operating without carriage of Mode S transponder equipment (National Jet Express)

1 Duration

This instrument:

(a) commences on 4 February 2016; and

(b) expires at the end of March 2016, as if it had been repealed by another instrument.

2 Application

This instrument applies to the aircraft mentioned in Schedule 1 operated by National Jet Express Pty Ltd, Aviation Reference Number 580965 (the operator).

3 Exemption

A person using the aircraft mentioned in section 2 at Brisbane, Sydney, Melbourne or Perth aerodrome is exempt from compliance with paragraph 9E.4 of Civil Aviation Order 20.18 in relation to the requirement to carry a serviceable ADS-B capable Mode S transponder.

4 Condition

A person, who is using an aircraft to which this instrument applies, must ensure that all I.F.R. flight plans for the aircraft in Australian airspace are annotated in Item 18 with “RMK/CASA MODE S EXEMPT” (quotation marks omitted).

Note If this annotation is not included in a flight plan, the Airservices Australia automated systems will reject the plan.

Schedule 1 Aircraft

An aircraft of an aircraft type mentioned in column 1 with the registration mark in column 2 in the following table:

Column 1Aircraft type	Column 2Registration mark
BAe 146-100	VH-NJV

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX10/16 - Exemption—aircraft operating without carriage of Mode S transponder equipment (National Jet Express)