Commonwealth legislation

CASA EX36/16 - Exemption — aircraft operating without carriage of Mode S transponder equipment (Goldrush Ballooning)

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 exemption allows Goldrush Ballooning Pty Ltd (a hot air balloon operator) to fly without carrying a Mode S transponder—a radio device that normally broadcasts an aircraft's exact location and identity to air traffic control.

What the exemption does Normally, all aircraft must carry a serviceable ADS-B capable Mode S transponder (essentially a GPS tracker that talks to air traffic control). This instrument excuses Goldrush Ballooning's balloons from that rule.

Who it affects Only Goldrush Ballooning Pty Ltd (Aviation Reference Number 569224). No other operators can use this exemption.

The catch When filing flight plans under Instrument Flight Rules (I.F.R.), the operator must add a specific code in Item 18: RMK/CASA MODE S EXEMPT. If they forget, Airservices Australia's computer systems will automatically reject the flight plan.

Expiry This instrument replaced an earlier exemption (EX12/16) and was set to automatically expire at the end of December 2018.

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Current sections

Direct links to the current provisions in CASA EX36/16 - Exemption — aircraft operating without carriage of Mode S transponder equipment (Goldrush Ballooning).

CASA EX36/16 - Exemption — aircraft operating without carriage of Mode S transponder equipment (Goldrush Ballooning)

Instrument number CASA EX36/16

I, Mark alan skidmore, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed Mark Skidmore AM]

Mark Skidmore AM
Director of Aviation Safety

7 March 2016

Exemption — aircraft operating without carriage of Mode S transponder equipment (Goldrush Ballooning)

1 Duration

This instrument:

(a) commences on the day of registration; and

(b) expires at the end of December 2018, as if it had been repealed by another instrument.

2 Repeal

Instrument CASA EX12/16 is repealed.

3 Application

This instrument applies to balloons operated by Goldrush Ballooning Pty Ltd, Aviation Reference Number 569224 (the operator).

4 Exemption

The balloons mentioned in section 3 are exempt from compliance with paragraph 9E.2 of Civil Aviation Order 20.18 in relation to the requirement to carry a serviceable ADS-B capable Mode S transponder.

5 Condition

A person who is using balloons 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.

Source text

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

1 CASA EX36/16 - Exemption — aircraft operating without carriage of Mode S transponder equipment (Goldrush Ballooning)