Document ID: chunk:federal_register_of_legislation:F2020C00611:front:0:p20
Version: federal_register_of_legislation:F2020C00611
Segment Type: other
Provision Reference: 
Character Range: 49891–52750

(a) subsection 9C; and
(b) the following clause or clauses of Appendix XI:
           (i) clauses 2 and 5 of Part B; or
           (ii) clause 7 of Part C; or
           (iii) clause 8 of Part C.
Note 1   A Mode A/C transponder does not meet this requirement.
Note 2   ADS-B OUT transmission is not mandatory but the Mode S transponder must be ADS‑B capable.
       9E.5Paragraphs 9E.2 and 9E.4 do not apply to an aircraft for a flight if the Mode S transponder equipment is unserviceable for the flight, and each of the following applies:
(a) the flight takes place within 3 days of the discovery of the unserviceability;
(b) at least 1 of the following applies for the flight:
           (i) flight with unserviceable equipment has been approved by CASA, in writing, subject to such conditions as CASA specifies;
           (ii) the unserviceability is a permissible unserviceability set out in the minimum equipment list for the aircraft, and any applicable conditions under subregulation 37 (2) of CAR 1988 have been complied with;
(c) ATC clears the flight despite the unserviceability.

10 Serviceability
       10.1In the case of a charter or RPT aircraft, all instruments and equipment that it carries, or is fitted with, under subregulation 207 (2) of CAR 1988 must be serviceable before take-off, unless:
(a) flight with unserviceable instruments or equipment has been approved by CASA, subject to such conditions as CASA specifies; or
(b) the unserviceability is a permissible unserviceability set out in the minimum equipment list for the aircraft and any applicable conditions under subregulation 37 (2) of CAR 1988 have been complied with; or
(c) CASA has approved the flight with the unserviceable instrument or equipment and any applicable conditions that CASA has specified, in writing, have been complied with; or
(d) the unserviceable instrument or equipment is a passenger convenience item only and does not affect the airworthiness of the aircraft.
Note   Equipment referred to in paragraph 10.1 includes oxygen and protective breathing equipment, emergency lifesaving equipment, seats, seat belts and safety equipment that are required to meet an applicable standard, and other instruments and equipment required to be carried or fitted under this Order.
10.1A A private or aerial work aircraft must not be operated:
(a) under the V.F.R., unless:
 (i) all instruments and equipment required to be fitted to the aircraft under subsection 3 are serviceable before take-off; or
 (ii) CASA has approved the flight with the unserviceable instrument or equipment and any applicable conditions that CASA has specified, in writing, have been complied with; or
(b) under the I.F.R., unless:
 (i) all instruments and equipment required to be fitted to the aircraft under subsection 4 are serviceable before take-off; or
 (ii) CASA has approved the