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Civil Aviation Regulations 1988 407
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) In every case where the carriage of an officer in the circumstances
specified in paragraph (2) (a) or (c) entails a loss of revenue to the
owner of the aircraft due to the necessity of providing accommodation
which would otherwise have been used for the carriage of a paying
passenger or of cargo for which freight would have been charged, the
owner shall be paid an amount equivalent to the loss of revenue.
Replacement Page Amdt No. 14
March 2007
408 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 5 Airborne collision avoidance systems
262AA Definitions
In this Division:
ACAS means an airborne collision avoidance system for an aircraft
that, when fitted to it, is used to provide information to a pilot of the
aircraft for avoiding a collision with another aircraft.
resolution advisory means information that:
(a) is provided to a pilot of an aircraft by a TCAS II that is fitted to
the aircraft; and
(b) is about a manoeuvre for averting a collision with another aircraft
that the TCAS II recognises as a threat.
TCAS II means a type of ACAS that:
(a) interrogates, and receives replies from, a secondary surveillance
radar transponder; and
(b) uses those replies to provide resolution advisories in the vertical
plane, traffic advisories or both.
traffic advisory means information that:
(a) is provided to a pilot of an aircraft by a TCAS II that is fitted to
the aircraft; and
(b) is about another aircraft that the TCAS II recognises as an
intruder.
turbine-powered commercial aeroplane means a large-capacity
aeroplane that:
(a) is propelled by turbojet, turbofan or turboprop engines; and
(b) is being used, for hire or reward, to carry passengers, cargo or
both.
262AB Meaning of approved TCAS II
In this Division, a TCAS II is taken to be an approved TCAS II for an
aircraft only if :
(a) it has a marking under an authority or approval issued by the
Administrator of the FAA indicating compliance with the
requirements of TSO-C119b; or
(b) in the case of a TCAS II that is not marked as mentioned in
paragraph (a)—its design, construction, installation and
performance meet the requirements of TSO-C119b .
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 409
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Subdivision 1 Australian aircraft
262AC ACAS requirements—turbine-powered commercial aeroplanes
(1) After 31 December 1999, the pilot in command of an Australian
aircraft that is a turbine-powered commercial aeroplane must not begin
a flight if the aircraft is not fitted with an approved TCAS II that is
serviceable.
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply if:
(a) the flight is for the purpose of moving the aircraft to a place to
have:
(i) an approved TCAS II fitted to the aircraft; or
(ii) an approved but unserviceable TCAS II that is fitted to the
aircraft repaired, removed or overhauled; or
(b) when the flight takes place, inclusion in the aircraft of an
approved but unserviceable TCAS II amounts to a permissible
unserviceability in the aircraft.
262AD ACAS must be activated during flight
(1) The pilot in command of an Australian aircraft that is a turbinepowered
commercial aeroplane fitted with an approved TCAS II that
is serviceable must take all reasonable steps to ensure that the TCAS II
is activated at all times while the aircraft is in flight.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AE Reporting unserviceable ACAS during flight
(1) This regulation applies to an approved TCAS II fitted to an Australian
aircraft that is a turbine-powered commercial aeroplane.
(2) If a TCAS to which this regulation applies becomes unserviceable
while the aircraft is in flight in, or on a flight into, Australian territory,
the pilot in command must:
(a) if the aircraft is in controlled airspace—tell air traffic control of
the unserviceability as soon as practicable; or
(b) if the aircraft is not in controlled airspace—take all reasonable
steps to tell air traffic control of the unserviceability before
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