3AOperations to which flight and navigation equipment requirements do not apply

3A Operations to which flight and navigation equipment requirements do not apply

3A.1Paragraph 3.2 does not apply to a helicopter that operates under the V.F.R., and for which an experimental certificate has been issued under paragraph 21.191 (g) or (h) of CASR 1998, if equipment is carried that provides a pilot with the same information that would be obtained by compliance with the requirements of Appendix VI for operations by day, or Appendix VIII if approved for operations by night.

3A.2Paragraph 3.3 does not apply to a balloon that operates by day under the V.F.R.:

(a) being an aircraft for which a current certificate of airworthiness as a light sport aircraft (LSA) has been issued; or

(b) being an aircraft for which an experimental certificate has been issued under paragraph 21.191 (g), (h) or (j), or an LSA for which an experimental certificate has been issued under paragraph 21.191 (k), of CASR 1998;

if equipment is carried that provides a pilot with the same information that would be obtained by compliance with the requirements of Appendix X.

3A.3Paragraph 3.4 does not apply to any other aircraft that operates under the V.F.R.:

(a) being an aircraft for which a current certificate of airworthiness as an LSA has been issued; or

(b) being an aircraft for which an experimental certificate has been issued under paragraph 21.191 (g), (h) or (j) or an LSA for which an experimental certificate has been issued under paragraph 21.191 (k), of CASR 1998;

if equipment is carried that provides a pilot with the same information that would be obtained by compliance with the requirements of Appendix I for operations by day, or Appendix IV if approved for operations by night.

3A.4An aircraft referred to in paragraphs 3A.1 to 3A.3 that is approved to operate at night and is equipped with an Electronic Flight Information System (EFIS), or other means of electronically displaying the required information, must be provided with a battery‑powered back-up, or another form of instrumentation independent of the aircraft electrical system, that is approved by an authorised person as suitable, in the case of a failure of the aircraft electrical system, for the purpose of enabling the pilot to divert to and use a safe landing site.

3A.5If an aircraft equipped as required under paragraph 3A.4 has a battery-powered back‑up to an EFIS, the back-up must be of sufficient capacity to power the EFIS panel or other display for 90 minutes and must be fully charged before the commencement of a flight at night.

3A.6Subject to paragraph 3A.7, an Australian registered aircraft may be operated without compliance with the flight and navigation equipment requirements in subsections 3 and 4 of this Order if it can show compliance with an equivalent level of safety, as determined by the type certificating authority for the aircraft, taking into consideration its intended operation.

3A.7The type certificating authority for the aircraft must be a recognised authority.

3A.8In paragraph 3A.7:

recognised authority means an authority of a country listed in regulation 21.012 of CASR 1998.