Document ID: chunk:federal_register_of_legislation:F2005B00649:body:0:p3
Version: federal_register_of_legislation:F2005B00649
Segment Type: other
Provision Reference: 
Character Range: 5195–7993

operator or pilot in command submits to ATC in respect of the flight.

   2 Use of cruising levels

       2.1 The pilot in command of an aircraft intending to fly through Class A / RVSM airspace must plan using approved flight levels for any track that the pilot proposes to follow when flying through that airspace.

       2.2 The pilot in command of an aircraft flying through Class A / RVSM airspace must use flight levels only in accordance with directions given by ATC.

       In this subsection:
   approved flight level, for a track used, or intended to be used, by an aircraft, means a flight level that is listed, in the table of IFR cruising levels published in the AIP, as a flight level that may be used by aircraft flying along tracks heading in the same direction as that track.

   3 Aircraft encountering turbulence

       3.1. If:
           (a) an aircraft using Class A / RVSM airspace encounters turbulence that may affect its safety; or
           (b) in a case where an aircraft using that airspace is fitted with a TCAS II — the TCAS II issues a traffic advisory;

        the pilot in command of the aircraft may:
           (c) move the aircraft from its cleared flight level to another flight level; or
           (d) deviate the aircraft from its assigned track;

        but, subject to clause 3.2, only in accordance with a clearance first obtained from ATC.

       3.2 If:
           (a) the aircraft is flying in an oceanic control area and its pilot in command is unable to contact ATC for a clearance:
                (i) to move the aircraft to another flight level; or
                (ii) to deviate the aircraft from its assigned track; or
           (b) ATC is unable to give the clearance requested;

         the pilot in command may temporarily deviate the aircraft to a new track that is:
           (c) parallel to the aircraft's assigned track; and
           (d) not more than 2 nautical miles away from it;

        if he or she first broadcasts the proposed deviation on the VHF inter-pilot air‑to‑air frequency.

        NOTE  The pilot in command is required under subregulation 241 (4) of CAR 1988 to report the deviation as soon as possible to ATC.

       3.3 When the pilot in command has returned the aircraft to its assigned track, he or she must notify ATC accordingly.

APPENDIX 2

   Directions about the use of Class A / RVSM airspace — RVSM (operations) approved aircraft

       1 Pilot to check essential RVSM equipment before entering Class A / RVSM airspace

       1.1 The pilot in command of an aircraft proposing to enter Class A / RVSM airspace must, while in flight and within a reasonable time before entering that airspace, check whether the essential RVSM equipment of the aircraft is functioning properly.