NOTE The pilot in command is required unNOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.

Civil Aviation Amendment Order

(No. 3) 2002

I, 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.

[Signed M. Toller]

Mick Toller

Director of Aviation Safety

31 January 2001

__________________

1 Name of Order

This Order is the Civil Aviation Amendment Order (No. 3) 2002.

2 Commencement

This Order commences on gazettal.

3 Amendment of the Civil Aviation Orders

Schedule 1 amends the Civil Aviation Orders.

Schedule 1 Amendment of the Civil Aviation Orders

1 After Part 51

insert

PART 52

SECTION 52.1 DIRECTIONS UNDER REGULATION 99AA OF CAR 1988 ABOUT THE USE OF PART OF CLASS A AIRSPACE

1 Interpretation

1.1 In this section, unless the contrary intention appears:

AIP means the Aeronautical Information Publications as existing on 29 November 2001.

ATC means air traffic control.

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).

cleared flight level, for an aircraft, means the flight level that is assigned by ATC to the aircraft.

essential RVSM equipment has the meaning given by paragraph 1.2.

oceanic control area means any airspace described as an oceanic control area in the AIP.

primary altitude measurement system, for an aircraft, means each of the 2 independent altitude measurement systems on board the aircraft that:

(a) meet the requirements of ICAO Doc. 9574-AN/934; and

(b) are designated by the aircraft’s manufacturer as being primary systems.

RVSM (operations) approved aircraft means:

(a) an aircraft covered by an RVSM operational approval; or

(b) an aircraft:

(i) for which an RVSM foreign airworthiness approval is in force; and

(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.

TCAS II has the meaning given by regulation 262AA of CAR 1988.

traffic advisory has the meaning given by regulation 262AA of CAR 1988.

1.2 The essential RVSM equipment of an aircraft consists of:

(a) 2 independent altitude measurement systems; and

(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

(c) an altitude alert system; and

(d) an automatic altitude control system;

that meet the requirements of ICAO Doc. 9574-AN/934.

2 Use of Class A / RVSM airspace — all aircraft engaged in I.F.R. flights

2.1 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.

3 Use of Class A / RVSM airspace — RVSM (operations) approved aircraft engaged in I.F.R. flights

3.1 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.

4. Use of Class A / RVSM airspace — aircraft, other than RVSM (operations) approved aircraft, engaged in I.F.R. flights

4.1 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.

APPENDIX 1 Directions about the use of Class A / RVSM airspace — general application

1 Vertical separation minimum

1.1 The vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 1000 feet if:

(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

(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

(c) one of the following conditions apply:

(i) all the essential RVSM equipment of each of the aircraft is functioning properly;

(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.

1.2 In any other case, the vertical separation minimum between 2 aircraft using Class A / RVSM airspace is 2000 feet.

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.

2 Use of cruising levels

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.

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.

In this subsection:

approved 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.

3 Aircraft encountering turbulence

3.1. If:

(a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or

(b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;

the pilot in command of the aircraft may:

(c) move the aircraft from its cleared flight level to another flight level; or

(d) deviate the aircraft from its assigned track;

but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.

3.2 If:

(a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:

(i) to move the aircraft to another flight level; or

(ii) to deviate the aircraft from its assigned track; or

(b) ATC is unable to give the clearance requested;

the pilot in command may temporarily deviate the aircraft to a new track that is:

(c) parallel to the aircraft’s assigned track; and

(d) not more than 2 nautical miles away from it;

if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.

NOTE The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.

3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.

APPENDIX 2 Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft

1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace

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.

2 Entry into Class A / RVSM airspace — aircraft with essential RVSM equipment not functioning properly

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:

(a) notify ATC accordingly; and

(b) may enter that airspace only in accordance with a clearance given by ATC after it has been so notified.

3 Change of flight level

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.

4 Only one primary altitude measurement system functioning properly

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:

(a) couple that system with the aircraft’s automatic altitude control system; and

(b) notify ATC of the situation by using the words “For information operating on one primary altimeter only”; and

(c) monitor the altitude of the aircraft more often than normally required.

5 Failure of both primary altitude measurement systems

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:

(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

(b) turn on all the exterior lights of the aircraft; and

(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

(d) notify ATC of the systems’ failure and the pilot’s proposed course of action.

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:

(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

(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.

6 Marked difference between altitudes indicated by primary altitude measurement systems

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.

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.

6.3 If the pilot in command is unable to find out which of the systems is functioning properly:

(a) both systems must be taken to have stopped functioning properly; and

(b) the pilot in command of the aircraft must comply with section 5.

7 Failure of automatic altitude control systems

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:

(a) try to maintain the cleared flight level for the aircraft through manual control of the aircraft’s altitude; and

(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

(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

(d) turn on all the exterior lights of the aircraft; and

(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

(f) notify ATC of the system’s failure and the pilot’s proposed course of action.

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:

(a) to maintain the aircraft at the cleared flight level; or

(b) to move the aircraft to, and maintain it at, another flight level for which he or she has obtained clearance from ATC.

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:

(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

(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.

8 Failure of secondary surveillance radar transponder

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:

(a) may continue to use that airspace; but

(b) must notify ATC of the transponder’s failure.

9 Failure of automatic altitude alert systems

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:

(a) may continue to use that airspace; but

(b) must notify ATC of the system’s failure.

APPENDIX 3 Directions about the use of Class A / RVSM airspace — Aircraft other than RVSM (operations) approved aircraft

1 Aircraft proposing to enter Class A / RVSM airspace

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.

2 Aircraft seeking clearance for new flight level

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.