Document ID: chunk:federal_register_of_legislation:F2020C00611:front:0:p8
Version: federal_register_of_legislation:F2020C00611
Segment Type: other
Provision Reference: 
Character Range: 18266–20857

is carrying 10 or more passengers; and
(b) is engaged in RPT, or charter, operations;
       must not be operated under the I.F.R. unless it is fitted with:
(c) an approved GPWS that has a predictive terrain hazard warning function; or
(d) if paragraph 9.1CA applies — a GPWS that meets the requirements of Civil Aviation Order 108.36 (a CAO 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 CAO 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 Civil Aviation Order 82.1 or paragraph 10.3 of Civil Aviation Order 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
(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.
       9.1DFor 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 database 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