Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:3:p2
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 3 (pt 2/4)
Character Range: 71129–73941

without ATC clearance (a clearance).
       (2) Despite subsection (1), VFR flights do not require clearance to enter Class E airspace.
       (3) Subsection (1) does not apply when an ATC service is not in operation for a control zone or a control area.

15.08 Control zones and control areas — operating within
       (1) A Part 131 aircraft must not be operated within a control zone or a control area unless the pilot in command holds 1 of the following:
(a) a current commercial pilot (balloon) licence;
(b) a current CAR certificate of validation;
(c) an authorisation (however described) that is issued by a relevant Part 131 ASAO to the pilot in command to operate a Part 131 aircraft within a control zone or a control area.
Note 1   Under the Part 149 MOS, a relevant ASAO must have the approved aviation administration function of issuing pilot authorisations that include the privileges of operating in controlled airspace or at controlled aerodromes.
Note 2   A similar kind of authorisation is mentioned in paragraph 15.06 (1) (c). Nothing in this MOS requires the 2 kinds of authorisations to be separately issued to pilots by an ASAO. An ASAO could issue a combined authorisation covering both circumstances.
       (2) Part 131 aircraft operations in a control zone or a control area must be conducted in accordance with the authorised aeronautical information.
       (3) The pilot in command of a Part 131 aircraft operating in a control zone or a control area must:
(a) notify ATC of any deviation from an ATC clearance (a clearance) given under section 15.07; and
(b) take positive action to comply with the clearance as soon as a deviation is recognised.
    Note   Regulation 91.257 also applies to a Part 131 aircraft.

15.09 Readback of ATC clearances and instructions
       (1) This section applies to the pilot in command of a Part 131 aircraft in relation to the use by the aircraft of a control zone, a control area, or a controlled aerodrome.
       (2) The pilot in command must ensure that they personally, or another member of the flight crew (if any), read back to an air traffic controller the safety-related parts of any ATC clearance or instruction which the controller has transmitted by voice (a relevant ATC clearance or instruction).
       (3) Without affecting subsection (2), the following parts of a relevant ATC clearance or instruction must always be read back to the air traffic controller:
(a) ATC route clearances, including any amendments;
       Note   ATC route clearances include departure, en route, arrival and approach clearances.
(b) clearances, conditional clearances and instructions to wait, take off from, or land;
(c) the assigned altimeter settings, Mode A transponder codes, altitude instructions, operating area instructions;
(d) radio frequency