As reported in the Nov. 18, 2016, edition of The Australian, the Civil Aviation Safety Authority's acting director of aviation safety, Shane Carmody, offered a delay to the implementation for the ADS-B Out installation but only for a limited number of private-use aircraft.
No, repair stations did not mislead their customers; the ADS-B mandate still stands.
The Australian Instrument referenced by Carmody only affects a limited number of private aircraft and has no impact on flying schools, aerial work, etc. All aircraft operators who wish to fly IFR across in all airspaces and above 10,000 feet must be fitted with ADS-B Out by Feb. 2, 2017. Ultimately, private aircraft owners will still need to fit ADS-B to continue to fly under the instrument flight rules, or they can decide to only fly under the visual flight rules. Until they fit, there will be conditions on where and how they can fly -- it may not be the most fuel-efficient option.
Instrument for Australian registered aircraft
The CASA can only offer this limited relief because it applies to an extremely small number of operators and will not negatively impact those who have already met the regulatory requirement. Australian registered aircraft manufactured before Feb. 6, 2014, not equipped with ADS-B will be able to fly IFR for private operations below 10,000 feet in Class G airspace and also in Class D airspace subject to a clearance from air traffic control. Additionally, aircraft fitted with a secondary surveillance radar transponder will be able to transit Class C and E airspace when arriving at, or departing from, a Class D aerodrome, subject to a clearance from ATC.
The Feb. 2, 2017, mandate still stands. The CASA is introducing two instruments -- one for domestic operators and one for international operators -- that offer restricted, time-limited relief under specific conditions, which will come into effect on Feb. 2, 2017.
The following is transcribed from Instrument number CASA 114/16:
I, SHANE PATRICK CARMODY, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under subparagraph 9B.12 (a) of Civil Aviation Order (CAO) 20.18.
[Signed S. Carmody]
Acting Director of Aviation Safety
22 November 2016
Authorisation -- Australian registered aircraft operating without ADS-B transmitting equipment
(a) commences at the start of 2 February 2017; and (b) is repealed at the end of 1 January 2020.
In this instrument:
ADS-B means automatic dependent surveillance - broadcast.
ATC means Air Traffic Control.
CTA means a control area being airspace above a CTR.
CTR means a control zone, being airspace below a CTA.
IFR means instrument flight rules.
MSL means mean sea level.
SSR means a secondary surveillance transponder.
This instrument applies to the operator of an Australian registered aircraft (the operator) when engaged in private operations in any of the following airspace:
(a) Class C CTA steps, but not Class C CTR;
(b) Class D CTR and Class D CTA steps; (c) Class E CTA steps; (d) Class G.
Note The authorisation has no application in Class A airspace.
I authorise the operator to operate an Australian registered aircraft (the aircraft) under the IFR without ADS-B transmitting equipment.
The authorisation in section 4 is subject to the following conditions:
(a) the aircraft must be one that was manufactured before 6 February 2014;
(b) the aircraft must be operated below 10 000 feet above MSL;
(c) any operation by the aircraft in Class C or Class E airspace is restricted to arrival at, or departure from, a Class D aerodrome;
(d) for any operation in Class C or Class E airspace, the aircraft must be fitted with an SSR transponder;
(e) for any operation in Class C, D or E airspace, the pilot of the aircraft must have been given clearance for the flight by ATC;
(f) the flight plan for the operation must include the following details at item 18 of the plan: RMK/NIL ADSB AUTH.
Note This authorisation instrument does not mean that appropriate ATC clearance to enter Class C, D or E airspace is automatic or guaranteed. ATC makes clearance decisions subject to prevailing air traffic and operational conditions at the time of the flight.
The Aircraft Electronics Association is extremely disappointed that neither the CASA nor Airservices discussed the possibility of the limited delay at the recent AEA Connect Conference in Melbourne. The AEA will continue to work with the CASA to ensure a smooth transition to the ADS-B implementation.
FOR MORE INFORMATION:
Contact Ric Peri, vice president of government & industry affairs for AEA, by email at firstname.lastname@example.org or by phone at 202-589-1144.