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must not be operated under the Instrument Flight Rules unless it is fitted with a
ground proximity warning system that meets the requirements of section
108.36.
9.1A Paragraph 9.1 does not apply to an aeroplane if:
(a) at any time before the aeroplane is operated under the Instrument Flight
Rules in regular public transport, or charter, operations, the person who
was, at that time, the holder of the AOC 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
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Replacement Page Amdt No. 226 – 19 March 2005 Issue 9: 8 December 2004
Incorporates Amdt Nos. 222, 225
ground proximity warning system that has a predictive terrain hazard
warning function; and
(b) the operations manual provided by the holder of the AOC 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.
9.1B Paragraphs 9.1 and 9.1A cease to have effect at the end of 31 December 2000.
9.1C 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, or charter, operations;
must not be 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 9.1CA 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.
9.1CA 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 9.1 applied to the
aeroplane; or
(b) if the aeroplane first becomes an Australian aeroplane on or after 1
January 2001 (unless it is an aircraft in respect of which an undertaking
has been given under paragraph 5.3 of section 82.1 or paragraph 10.3 of
section 82.3 or 82.5, as in force immediately before 1 January 2001); or
(c) if:
(i) immediately before 1 January 2001, paragraph 9.1 did not apply to
the aeroplane because of paragraph 9.1A; and
(ii) the holder of the AOC authorising the operation of the aeroplane (the
AOC holder) provides satisfactory evidence to CASA, in accordance
with paragraph 9.1CB, that it is not possible to fit the aeroplane with
an approved GPWS that has a predictive terrain hazard warning
function.
9.1CB For the purposes of sub-subparagraph 9.1CA (c) (ii), evidence is taken to be
satisfactory only if it is:
(a) a statement in writing to the AOC holder from the manufacturer of an
approved GPWS that has a predictive terrain hazard warning function; or
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Issue 9
Replacement Page Amdt No. 226 – 19 March 2005 Issue 9: 8 December 2004
Incorporates Amdt Nos. 222, 225
(b) a statutory declaration by the AOC holder;
to the effect that the FAA’s list of supplemental type certificates does not
include any reference to a supplemental type certificate relating to the fitting of
an aeroplane of the same type with an approved GPWS that has that function.
9.1D For the purposes of this subsection:
(a) a GPWS has a predictive terrain hazard warning function if it employs
an aircraft navigation system and a terrain data base to compute a display
of terrain along, and in the vicinity of, the flight path of an airborne
aeroplane in order to provide the flight crew of the aeroplane with a
warning of any terrain that may endanger the aeroplane if its flight path
were to remain unchanged; and
(b) the GPWS is taken to be approved only if it meets:
(i) the requirements set out in FAA notice N 8110.64 as in force on 15
August 1999; or
(ii) the standard for the Class A Terrain Awareness Warning System
specified in TSO C-151, TSO C-151a or TSO C-151b.
9.2 A ground proximity warning system shall be demonstrated to the satisfaction
of CASA to be capable of providing automatically a timely and distinctive
warning to the flight crew when the aeroplane is in potentially hazardous
proximity to the earth’s surface.
9.3 Except as provided in paragraph 9.4 an aeroplane required to be fitted with a
ground proximity warning system shall not commence a flight with that
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