Document ID: chunk:federal_register_of_legislation:F2020C00611:front:0:p13
Version: federal_register_of_legislation:F2020C00611
Segment Type: other
Provision Reference: 
Character Range: 31230–34175

territory unless the equipment is:
(a) deactivated; or
(b) set to transmit only a value of zero for the NUCp, NACp, NIC or SIL.
Note   It is considered equivalent to deactivation if NUCp, NACp, NIC or SIL is set to continually transmit only a value of zero.
       9B.7The ADS-B transmitting equipment need not be deactivated for paragraph 9B.6 if the aircraft is undertaking an ADS-B test flight in VMC in airspace below FL290.
       9B.8An aircraft that is operated:
(a) in an IFR operation; or
(a) in any operation at or above FL290;
       must carry serviceable ADS‑B transmitting equipment that complies with the approved equipment configuration set out in Appendix XI.
       9B.9If an aircraft is operated in a VFR operation below FL290:
(a) it may carry serviceable ADS‑B transmitting equipment (the equipment); and
(b) if it carries the equipment — the equipment must comply with the approved equipment configuration set out in Appendix XI, XII, XIII or XIV.
       9B.10Paragraph 9B.8 does not apply to an aircraft if:
(a) the aircraft owner, operator or pilot has written authorisation from CASA for the operation of the aircraft without the ADS‑B transmitting equipment; or
(b) the equipment is unserviceable for a flight, and each of the following applies:
           (i) the flight takes place within 3 days of the discovery of the unserviceability;
           (ii) at least 1 of the following applies for the flight:
            (A) flight with unserviceable equipment has been approved by CASA, in writing, subject to such conditions as CASA specifies;
            (B) the unserviceability is a permissible unserviceability set out in the minimum equipment list for the aircraft and any applicable conditions of a direction under subregulation 37 (2) of CAR 1988 have been complied with;
           (iii) before it commences, ATC clears the flight despite the unserviceability.
       9B.11Unless otherwise approved in writing by CASA, ADS‑B transmitting equipment carried on an aircraft must allow the pilot to activate and deactivate transmission during flight.
Note   This requirement is met if the ADS-B transmitting equipment has a cockpit control that enables the pilot to turn ADS-B transmissions on and off.
       9B.12A requirement under Appendix XI, XII, or XIII that an approved equipment configuration for ADS-B transmitting equipment be authorised in accordance with a specific TSO or ETSO does not apply to the ADS-B transmitting equipment carried on certain light sport, experimental and other aircraft provided that:
(a) the equipment configuration that is carried provides the pilot, other aircraft and ATC with the same transponder and surveillance capability as would be provided if the equipment were expressly authorised in accordance with the specific TSO or ETSO; and
(b) the pilot or the operator has a statement of conformance (however described) from the equipment manufacturer stating the particular