Document ID: chunk:federal_register_of_legislation:F2025C00162:body:0:p21
Version: federal_register_of_legislation:F2025C00162
Segment Type: other
Provision Reference: 
Character Range: 52082–54928

the requirements of regulation 91.810 of CASR, but only to the extent of the requirement under:
(a) section 26.68 of the Part 91 Manual of Standards, to fit an approved ADS-B OUT equipment configuration required under item 1 of Table 26.68(2) in that Manual of Standards; and
(b) section 26.04 of the Part 91 Manual of Standards — but only in relation to the equipment mentioned in paragraph (a).
       (4) Each exemption under subsection (3) is subject to the following conditions:
(a) before the ferry operation commences, the pilot in command of the relevant aircraft must inform ATS that the aircraft is not fitted with an approved ADS-B OUT equipment configuration;
       Note 1   An acceptable means of informing ATS is to insert in the RMK element of the flight plan, the indicator "ADSB EXEMPT", as stated in AIP ENR 1.10.
       Note 2   The fact that the relevant aircraft is not fitted with an approved ADS‑B OUT equipment configuration may influence whether ATS issues an air traffic control clearance, or may affect the conditions specified in an air traffic control clearance.
(b) before the ferry operation commences, the pilot in command of the relevant aircraft must be satisfied that the aircraft is airworthy, and its equipment is serviceable, for the flight;
       Note   An aircraft that is operated under a special flight permit (SFP) or special flight authorisation (SFA) is considered to be serviceable.
(c) a relevant aircraft in a ferry operation must not land within Australian territory at more than 2 intermediate stops unless the landing is a necessary response to an unforeseen emergency or an unavoidable equipment malfunction.
       Note   See the definition of intermediate stop in subsection (1). A stop for the purposes of crew rest is not within the definition of an intermediate stop, and a ferry operation must be planned to avoid any such occurrence.

     Part 4 Observers who may be on certain flight tests and proficiency check flights

27 Definitions, etc.
        In this Part:
check pilot means the holder of a pilot licence who:
(a) holds an approval under regulation 121.010 of CASR, for subparagraph 121.580(3)(a)(ii), to conduct a CASR Part 121 proficiency check for an aeroplane of a particular kind; or
(b) is an individual who satisfies the requirements expressed in any of the following provisions of CASR for the conduct of a proficiency check:
           (i) paragraph 133.377(2)(a);
           (ii) paragraph 135.387(2)(a);
           (iii) paragraph 138.505(2)(a).

28 Exemptions – all aircraft – causing or simulating failure of flight instruments
        The pilot in command of an aircraft for a flight is exempted from the following provisions of Part 91 of CASR:
(a) subregulation 91.715(1) — but only in relation to the requirement under paragraph 91.715(2)(b) for a flight that