10Obligations in relation to foreign registered aircraft

10 Obligations in relation to foreign registered aircraft

10.1 This subsection applies to foreign registered aircraft only.

10.2 Subject to paragraphs 10.3 and 10.5, an operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

(a) has a maximum take-off weight of more than 15 000 kg; or

(b) is carrying 10 or more passengers;

must ensure that the aeroplane is not operated under the I.F.R. in regular public transport operations unless it is fitted with a ground proximity warning system (GPWS) that meets the requirements of section 108.36.

10.3 Paragraph 10.2 does not apply to the operator if:

(a) at any time before the aeroplane is operated under the I.F.R. in regular public transport operations, the person who was, at that time, the holder of the certificate authorising the operation of the aeroplane has given to CASA an undertaking in an approved form that the aeroplane will, on or before 1 January 2001, be fitted with an approved GPWS that has a predictive terrain hazard warning function; and

(b) the operations manual provided by the holder of the certificate authorising the operation of the aeroplane sets out the details of a course of training in awareness of controlled flight into terrain; and

(c) the pilot in command of the aeroplane, and (if applicable) any other pilot occupying a control seat in the aeroplane, have completed the course of training.

10.4 Paragraphs 10.2 and 10.3 cease to have effect at the end of 31 December 2000.

10.5 An operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

(a) has a maximum take-off weight of more than 15 000 kg or is carrying 10 or more passengers; and

(b) is engaged in regular public transport operations;

must ensure that the aeroplane is not operated under the Instrument Flight Rules unless it is fitted with:

(c) an approved ground proximity warning system (GPWS) that has a predictive terrain hazard warning function; or

(d) if paragraph 10.6 applies — a GPWS that meets the requirements of section 108.36 (a section 108.36 GPWS); or

(e) if the aeroplane has a maximum take-off weight of 5 700 kg or less, but is carrying 10 or more passengers — a TAWS-B + system.

10.6 Up to the end of June 2005, an aeroplane may be fitted with a section 108.36 GPWS:

(a) if, immediately before 1 January 2001, paragraph 10.2 applied to the aeroplane; or

(b) if the aeroplane first becomes a foreign registered aircraft on or after 1 January 2001 (unless it is an aircraft in respect of which an undertaking has been given under paragraph 9.1A of section 20.18, as in force immediately before 1 January 2001); or