Document ID: chunk:federal_register_of_legislation:F2025C00187:reg:3:p1
Version: federal_register_of_legislation:F2025C00187
Segment Type: reg
Provision Reference: reg 3 (pt 1/7)
Character Range: 389488–392376

3     In-flight emergency (unless otherwise instructed by ATC).  7700

26.70 Mode S transponders, ADS-B OUT and electronic conspicuity equipment — specific requirements
       (1) An approved Mode S transponder fitted to an aircraft for a flight must have the following items entered into the equipment:
(a) the assigned aircraft address;
(b) as far as practicable for the equipment — 1 of the following forms of aircraft flight identification:
           (i) if a flight notification is filed with ATS for the flight — the aircraft identification mentioned on the flight notification;
           (ii) if no flight notification is filed with ATS for the flight — the aircraft registration mark.
       (2) An approved ADS-B OUT equipment configuration, approved integrated TABS configuration or approved EC device configuration, fitted to, or carried on, an aircraft for a flight, must have the following items entered into the equipment:
(a) the assigned aircraft address;
(b) 1 of the following forms of aircraft flight identification:
           (i) if a flight plan is filed with ATS for the flight — the aircraft identification mentioned on the flight plan;
           (ii) if no flight plan is filed with ATS for the flight — the aircraft registration mark.
       (3) An approved Mode S transponder must transmit each of the following when interrogated on the manoeuvring area of an aerodrome or in flight:
(a) the assigned aircraft address;
(b) the Mode A code;
(c) the Mode C code;
(d) subject to subsection (4) — the aircraft flight identification.
       (4) Transmission of the aircraft flight identification by an approved Mode S transponder is optional for an aircraft that was first certificated in its country of manufacture before 9 February 2012 (an older aircraft). However, an older aircraft that is equipped to do so may transmit its aircraft flight identification.
       (5) If an approved Mode S transponder transmits any Mode S EHS DAPs, the transmitted DAPs must comply with the standards set out in paragraph 3.1.2.10.5.2.3 and Table 3‑10 of Volume IV, Surveillance and Collision Avoidance Systems, of ICAO Annex 10.
Note 1   Paragraph 3.1.2.10.5.2.3 includes paragraphs 3.1.2.10.5.2.3.1 and 3.1.2.10.5.2.3.2 and 3.1.2.10.5.2.3.3.
Note 2   Australian Mode S SSR supports EHS DAPs. Transmission of Mode S EHS DAPs that are not in accordance with the ICAO standards may provide misleading information to ATS. Operators need to ensure that EHS DAPs are being transmitted.
       (6) If an approved Mode S transponder is fitted to an aircraft first certificated in its country of manufacture on or after 9 February 2012:
(a) that has a certificated MTOW above 5 700 kg; or
(b) that is capable of normal operation at a maximum cruising true airspeed above 250 kts;
        then the transponder's receiving and transmitting antennae must:
(c) be located in the upper