Part 91

Question 1

91.201 - Safety of aircraft

Answer 1

A pilot-in-command of an aircraft must—

(1) before operating the aircraft, be satisfied that the aircraft is airworthy and in a condition for safe flight, after—

(i) the documents required under rule 91.111 have been inspected; and

(ii) the aircraft has been inspected; and

(2) during the flight, ensure the safe operation of the aircraft and the safety of its occupants; and

(3) on completion of the inspections required by paragraph (1), and on completion of the flight, record in the technical log or other equivalent document acceptable to the Director any aircraft defects that are identified by the crew during the inspections and during the flight.

Question 2

91.203 - Authority of the pilot-in-command

Answer 2

Each pilot-in-command of an aircraft shall give any commands necessary for the safety of the aircraft and of persons and property carried on the aircraft, including disembarking or refusing the carriage of—

(1) any person who appears to be under the influence of alcohol or any drug where, in the opinion of the pilot-in-command, their carriage is likely to endanger the aircraft or its occupants; and

(2) any person, or any part of the cargo, which, in the opinion of the pilot-in-command, is likely to endanger the aircraft or its occupants.

Question 3

91.205 - Crew members at stations

Answer 3

(a) Each crew member on duty during take-off and landing in an aircraft, other than in a balloon, shall—

(1) be at their crew member station unless their absence is necessary to perform duties in connection with the operation of the aircraft; and

(2) have their safety belt fastened while at the crew member station.

(b) Each crew member on duty during take-off and landing in an aircraft, other than in a balloon, shall have their shoulder harness fastened while at their crew member station, unless—

(1) the seat at the crew member station is not equipped with a shoulder harness; or

(2) the crew member would be unable to perform their duties with the shoulder harness fastened.

Question 4

91.207 - Occupation of seats and wearing of restraints

Answer 4

(a) A pilot-in-command of an aircraft must require each passenger to occupy a seat or berth and to fasten their safety belt, restraining belt or, if equipped, shoulder harness or single diagonal shoulder belt—

(1) during each take-off and landing; and

(2) when the aircraft is flying at a height of less than 1000 feet above the surface; and

(3) at other times when the pilot-in-command considers it necessary for their safety; and

(4) during aerobatic flight; and

(5) at all times in an open cockpit aircraft.

(b)* A pilot-in-command of an aircraft may permit a passenger to unfasten a shoulder harness or single diagonal shoulder belt—

(1) during take-off and landing; and

(2) when the aircraft is flying at a height of less than 1000 feet above the surface—

(b)** if the pilot-in-command is satisfied that such action is necessary for the passenger’s performance of an essential function associated with thepurpose of the flight.

(c) A pilot-in-command of an aircraft must require each passenger to place their seat in the take-off and landing configuration during take-off and landing.

(d) Paragraphs (a)(1), (2), and (3) do not apply to a child under 4 years of age if the child—

(1) is held by an adult who is occupying a seat or berth, and the child is secured by a safety belt attached to the adult’s safety belt; or

(2) occupies a seat equipped with a child restraint system, if the child does not exceed the specified weight limit for that system and is accompanied by a parent, guardian, or by an attendant designated by the child’s parent or guardian to attend to the safety of the child during the flight.

(e) Paragraph (a) does not apply to passengers carried in balloons or engaged in parachute operations.

Question 5

91.209 - Use of oxygen equipment

Answer 5

(a) A pilot-in-command of an unpressurised aircraft must, during any time that the aircraft is being operated above 13 000 feet AMSL and during any period of more than 30 minutes that the aircraft is being operated between 10 000 feet and up to and including 13 000 feet AMSL, require—

(1) each crew member and each passenger to use supplemental oxygen; and

(2) each crew member to use portable oxygen equipment, including a regulator and attached oxygen mask, for any duty requiring movement from their usual station.

(b) A pilot-in-command of a pressurised aircraft must—

(1) during any time the cabin pressure altitude is above 10 000 feet AMSL, require—

(i) each crew member to use supplemental oxygen; and

(ii) each crew member to use portable oxygen equipment, including a regulator and attached oxygen mask, for any duty requiring movement from their usual station; and

(2) during any time the aircraft is being operated from flight level 350 up to and including flight level 410, require—

(i) one pilot at a pilot station to wear and use an oxygen mask that either supplies supplemental oxygen at all times or automatically supplies supplemental oxygen whenever the cabin pressure altitude exceeds 13 000 feet AMSL; or

(ii) two pilots to be at their pilot stations and each pilot to have access to an oxygen mask that can be placed on the face and supplying oxygen within 5 seconds; and

(3) during any time the aircraft is being operated above flight level 410, require one pilot at a pilot station to wear and use a demand oxygen mask at all times.

(c) A pilot-in-command of a pressurised aircraft must, following pressurisation failure, require each passenger to use supplemental oxygen during any time that the cabin pressure is above 14 000 feet AMSL, unless the aircraft can descend to 14 000 feet AMSL or below within 4 minutes.

Question 6

91.211 - Passenger briefing

Answer 6

(a) A person operating an aircraft carrying passengers must ensure that each passenger has been briefed on—

(1) the conditions under which smoking is permitted; and

(2) the applicable requirements specified in 91.121 and 91.207; and

(3) the location and means for opening the passenger entry doors and emergency exits; and

(4) when required to be carried by this Part—

(i) the location of survival and emergency equipment for passenger use; and

(ii) the use of flotation equipment required under 91.525 for a flight over water; and

(iii) the normal and emergency use of oxygen equipment installed in the aircraft for passenger use; and

(5) procedures in the case of an emergency landing; and

(6) the use of portable electronic devices in accordance with 91.7.

(b) The briefing required under paragraph (a)—

(1) must be given by the pilot-in-command, a member of the crew, a person nominated by the operator, or by a recorded presentation; and

(2) must, for flights above FL 250, include a demonstration on the use of supplemental oxygen equipment; and

(3) must include a demonstration on the use of life preservers when required to be carried by this Part; and

(4) must include a statement, as appropriate, that Civil Aviation Rules require passenger compliance with lighted passenger signs and crew member instructions; and

(5) may be supplemented by printed cards for the use of each passenger containing—

(i) diagrams of, and methods of operating the emergency exits; and

(ii) other instructions necessary for the use of emergency equipment intended for use by passengers; and

(6) is not required if the pilot-in-command determines that all the passengers are familiar with the contents of the briefing.

(c) Where printed cards are used in accordance with paragraph (b)(5), the operator must place them in convenient locations on the aircraft for the use of each passenger and ensure that they contain information that is pertinent only to the type and model of aircraft on which they are carried.

Question 7

91.213 - Carry-on baggage

Answer 7

A person operating an aircraft, other than a balloon, must ensure that, before take-off or landing, all passenger baggage aboard the aircraft is stowed away—

(1) in a baggage locker; or

(2) under a passenger seat in such a way that it cannot—

(i) slide forward under crash impact; or

(ii) hinder evacuation of the aircraft in the event of an emergency.

Question 8

91.215 - Carriage of cargo

Answer 8

(a) An operator must not permit cargo to be carried in an aircraft unless it is—

(1) carried on a seat, in a cargo rack or bin, or in a cargo or baggage compartment; and

(2) properly secured by a safety belt or other restraining device having enough strength to ensure that the cargo does not shift under all normally anticipated flight and ground conditions; and

(3) packaged and covered to avoid injury to passengers.

(b) An operator who permits the carriage of cargo in an aircraft must not permit cargo—

(1) to exceed the load limitation for the seats, berths, or floor structure as prescribed by the aircraft flight manual, or by placards; or

(2) to be located in a position that restricts the access to or use of any required emergency exit, or the use of the aisle between the crew and the passenger compartments.

Question 9

91.217 - Preflight action

Answer 9

Before commencing a flight, a pilot-in-command of an aircraft must obtain and become familiar with all information concerning that flight including—

(1) where practicable, the current meteorological information; and

(2) the fuel requirements; and

(3) the alternatives available if the planned flight cannot be completed; and

(4) any known or likely traffic delays that have been notified by ATS; and

(5) the status of the communication and navigation facilities intended to be used; and

(6) the current conditions of the aerodrome and runway lengths at aerodromes of intended use; and

(7) any take-off and landing distance data contained in the aircraft flight manual; and

(8) in the case of aircraft powered by two or more engines—

(i) engine inoperative procedures; and

(ii) one engine inoperative performance data.

Question 10

91.219 - Familiarity with operating limitations and emergency equipment

Answer 10

Each pilot of an aircraft shall, before beginning a flight, be familiar with—

(1) the aircraft flight manual for that aircraft; and

(2) any placards, listings, instrument markings, or any combination thereof, containing any operating limitation prescribed for that aircraft by the manufacturer or the Director; and

(3) the emergency equipment installed on the aircraft; and

(4) which crew member is assigned to operate the emergency equipment; and

(5) the procedures to be followed for the use of the emergency equipment in an emergency situation.

Question 11

91.221 - Flying equipment and operating information

Answer 11

(a) A pilot-in-command of an aircraft must ensure that the following equipment and information, in current and appropriate form, is accessible to every flight crew member of the aircraft:

(1) an accurate means of indicating the time:

(2) appropriate aeronautical charts:

(3) for IFR operations, every appropriate navigational en route, terminal area, approach, and instrument approach and departure chart:

(4) for night operations, an operable electric torch for every flight crew member.

(b) In addition to paragraph (a), a pilot-in-command of an aircraft in excess of 5700 kg MCTOW, or having a certificated seating capacity of 10 passenger seats or more, must ensure that every flight crew member uses a cockpit checklist covering the normal and emergency procedures for the operation of the aircraft in accordance with the aircraft flight manual.

Question 12

91.223 - Operating on and in the vicinity of an aerodrome

Answer 12

(a) Except as provided in paragraph (b), a pilot of an aeroplane operating on or in the vicinity of an aerodrome must—

(1) observe other aerodrome traffic for the purpose of avoiding a collision; and

(2) unless otherwise authorised or instructed by ATC, conform with or avoid the aerodrome traffic circuit formed by other aircraft; and

(3) perform a left-hand aerodrome traffic circuit when approaching for a landing at and after take-off from an aerodrome that is published in the AIPNZ unless—

(i) the pilot is otherwise authorised or instructed by ATC; or

(ii) the IFR procedure published in the AIPNZ for the runway being used specifies a right-hand turn and the approach for landing or the take-off is being performed in accordance with the instrument procedure; and

(4) perform a right-hand aerodrome traffic circuit when approaching for a landing at and after take-off from an aerodrome that is published in the AIPNZ, if the details published in the AIPNZ for the aerodrome specify a right-hand aerodrome traffic circuit for the runway being used unless—

(i) the pilot is otherwise authorised or instructed by ATC; or

(ii) the IFR procedure published in the AIPNZ for the runway being used specifies a left-hand turn and the approach for landing or the take-off is being performed in accordance with the instrument procedure; and

(5) unless otherwise authorised or instructed by ATC, comply with any special aerodrome traffic rules prescribed in Part 93 for the aerodrome.

(b) Paragraphs (a)(3), (a)(4), and (a)(5) do not apply to the pilot-in-command of an aircraft operating at an aviation event in accordance with rule 91.703.

(c) Notwithstanding paragraphs (a)(3) and (a)(4), a pilot-in-command of an aircraft performing an agricultural aircraft operation from an aerodrome that is published in the AIPNZ may make turns in any direction when approaching for a landing or after take-off if—

(1) the aerodrome does not have an aerodrome control service in attendance; and

(2) an aerodrome ground signal depicted in Figure 1 is displayed alongside the runway in use; and

(3) there is no conflict with other aerodrome traffic.

(d) Subject to paragraphs (b) and (c), a pilot-in-command of a helicopter operating on or in the vicinity of an aerodrome must comply with paragraph (a) or avoid the aerodrome traffic circuit being used by an aeroplane operating on or in the vicinity of the aerodrome.

• Figure 1 Agricultural operations aerodrome ground signal

Question 13

91.225 - Operations at aerodromes with air traffic services

Answer 13

(a) A pilot-in-command of an aircraft on or in the vicinity of an aerodrome with an aerodrome control service in operation must—

(1) unless otherwise authorised by ATC, maintain two-way radio communications with that service on the prescribed frequency; and

(2) obtain an ATC clearance from that service before—

(i) taxiing on any portion of the manoeuvring area; or

(ii) landing at or taking-off from any runway or heliport at that aerodrome; or

(iii) entering a control zone.

(b) A pilot-in-command of an aircraft on or in the vicinity of an aerodrome with an aerodrome flight information service in operation must—

(1) if the aircraft is equipped with radio, maintain two-way radio communications with that service on the prescribed frequency; and

(2) advise that service of the intended use of that aerodrome before—

(i) taxiing on any portion of the manoeuvring area; or

(ii) landing at or taking-off from any runway or heliport at that aerodrome; or

(iii) entering the aerodrome traffic circuit at that aerodrome.

(c) A pilot-in-command of an aircraft that is not equipped with radio and that is on or in the vicinity of an aerodrome with an aerodrome flight information service in operation must advise that service of the intended use of the aerodrome before —

(1) taxiing on to any portion of the manoeuvring area; and

(2) entering the aerodrome traffic circuit at that aerodrome.

Question 14

91.227 - Operating near other aircraft

Answer 14

A pilot must not operate an aircraft—

(1) so close to another aircraft as to create a collision hazard; or

(2) in formation flight except by prior arrangement with the pilot-in-command of each aircraft in the formation; or

(3) in formation flight while carrying passengers for hire or reward unless the requirements of paragraph (2) are met and the pilot is performing—

(i) a parachute-drop aircraft operation; or

(ii) an adventure aviation formation flight operation under the authority of an adventure aviation operator certificate issued by the Director under the Act and Part 115.

Question 15

91.229 - Right-of-way rules

Answer 15

(a) A pilot of an aircraft—

(1) must, when weather conditions permit, regardless of whether the flight is performed under IFR or under VFR, maintain a visual lookout so as to see and avoid other aircraft; and

(2) that has the right of way, must maintain heading and speed, but is not relieved from the responsibility of taking such action, including collision-avoidance manoeuvres based on resolution advisories provided by ACAS, that will best avert collision; and

(3) that is obliged to give way to another aircraft, must avoid passing over, under, or in front of the other aircraft, unless passing well clear of the aircraft, taking into account the effect of wake turbulence.

(b) A pilot of an aircraft must, when approaching another aircraft head-on, or nearly so, alter heading to the right.

(c) A pilot of an aircraft that is converging at approximately the same altitude with another aircraft that is to its right, must give way, except that the pilot operating—

(1) a power-driven heavier-than-air aircraft must give way to airships, gliders, and balloons; and

(2) an airship must give way to gliders and balloons; and

(3) a glider must give way to balloons; and

(4) a power-driven aircraft must give way to aircraft that are towing other aircraft or objects; and

(5) all aircraft must give way to parachutes.

(d) A pilot of an aircraft that is overtaking another aircraft must, if a turn is necessary to avoid that aircraft, alter heading to the right, until the overtaking aircraft is entirely past and clear of the other aircraft.

(e) For the purpose of paragraph (d), an overtaking aircraft is an aircraft that approaches another from the rear on a line forming less than 70 degrees with the plane of symmetry of the latter.

(f) A pilot of an aircraft in flight or on the surface must—

(1) give way to any aircraft that is in the final stages of an approach to land or is landing; and

(2) when the aircraft is one of 2 or more heavier-than-air aircraft approaching an aerodrome for the purpose of landing, give way to the aircraft at the lower altitude; and

(3) not take advantage of right-of-way under subparagraph (2) to pass in front of another aircraft, which is on final approach to land, or overtake that aircraft.

(g) A pilot of an aircraft must not take off if there is an apparent risk of collision with another aircraft.

(h) A pilot of an aircraft taxiing on the manoeuvring area of an aerodrome must—

(1) give way to aircraft landing, taking off, or about to take off; and

(2) when 2 aircraft are approaching head on, or nearly so, stop or, where practicable, alter course to the right so as to keep well clear of the other aircraft; and

(3) when 2 aircraft are on a converging course, give way to other aircraft on the pilot’s right; and

(4) when overtaking another aircraft, give way and keep well clear of the aircraft being overtaken.

(i) A pilot of an aircraft must give way to any aircraft that is in distress.

Question 16

91.231 - Right-of-way rules water operations

Answer 16

Each pilot of an aircraft on the water shall comply with the requirements of the International Regulations for Preventing Collisions at Sea.

Question 17

91.233 - Aircraft lights

Answer 17

(a) A pilot of an aircraft must not—

(1) operate an aircraft at night unless it has lighted position lights; or

(2) moor or move an aircraft at night on a water aerodrome unless the aircraft complies with the lighting requirement of the International Regulations for Preventing Collisions at Sea; or

(3) operate an aircraft at night that is required by Subpart F to be equipped with an anti-collision light system unless the anti-collision light system is operating.

(b) A person must not park or move an aircraft at night on a manoeuvring area of an aerodrome that is in use for aircraft operations unless theaircraft—

(1) is clearly illuminated; or

(2) has lighted position lights; or

(3) is in an area that is marked by obstruction lights.

(c) Notwithstanding paragraph (a)(3), a pilot of an aircraft is not required to operate the anti-collision light system if the pilot determines that, because of operating conditions, it is in the best interest of safety to turn the system off.

Question 18

91.235 - Dropping of objects

Answer 18

A pilot of an aircraft shall not allow any object to be dropped from that aircraft in flight unless the pilot has taken reasonable precautions to ensure the dropping of the object does not endanger persons or property.

Question 19

91.237 - Aircraft speed

Answer 19

(a) Except as provided in paragraph (b), a pilot must not operate an aircraft at an indicated speed of more than 250 kts below an altitude of 10 000 feet AMSL when—

(1) that aircraft is operated IFR in Class D, E, F, or G airspace; or

(2) that aircraft is operated VFR in Class C, D, E, F, or G airspace.

(b) Paragraph (a) does not apply when—

(1) the minimum safe speed of the aircraft prescribed in the flight manual is more than 250 kts and the aircraft is operated at that minimum safe speed; or

(2) the aircraft is being operated at an aviation event in accordance with 91.703.

Question 20

91.239 - Altimeter settings

Answer 20

(a) A pilot of an aircraft must maintain the cruising altitude or flight level of the aircraft by reference to an altimeter that is set in accordance with the following:

(1) when operating at or above flight level 150, set altimeter to 1013.2 hPa:

(2) when operating at or below 13 000 feet, set altimeter to the appropriate area QNH zone setting or aerodrome QNH altimeter setting:

(3) when operating between 13 000 feet and flight level 150, set altimeter to the appropriate area QNH zone setting as advised by an ATC unit.

(b) A pilot of an aircraft that is ascending or descending must set the altimeter in accordance with the following:

(1) when ascending above 13 000 feet, set altimeter to 1013.2 hPa:

(2) when descending through flight level 150, set altimeter to the appropriate area QNH zone setting or aerodrome QNH altimeter setting.

Question 21

91.241 - Compliance with ATC clearances and instructions

Answer 21

(a) A pilot of an aircraft operating in a control area or control zone designated under Part 71 must—

(1) except when manoeuvring in accordance with an ACAS resolution advisory or a GPWS or TAWS alert, comply with any ATC clearance or instruction issued by the ATC unit responsible for the control area or control zone; and

(2) when a deviation from an ATC clearance or instruction is required for the safe operation of the aircraft, notify ATC of the deviation as soon as possible.

(b) A pilot of an aircraft need not comply with an ATC clearance or instruction if compliance would cause the pilot to breach any rule in this Part.

(c) A pilot of an aircraft who elects not to comply with an ATC clearance or instruction under paragraph (b) must immediately notify the appropriate ATC unit of the non-compliance.

Question 22

91.243 - ATC light signals

Answer 22

Each pilot of an aircraft shall comply with the clearance or instruction specified for ATC light signals in Table 1.

• Table 1 Table 1. ATC light signals.

Question 23

91.245 - Operations in controlled airspace

Answer 23

(a) Except as provided in paragraphs (e) and (f), a pilot-in-command of an aircraft must not enter a control area or control zone designated under Part 71 unless the pilot-in-command obtains an ATC clearance to enter the control area or control zone.

(b) A pilot-in-command of an aircraft operating in Class A airspace must—

(1) operate the aircraft under IFR; and

(2) unless otherwise authorised by the ATC unit responsible for the class A airspace, maintain two-way communications with that ATC unit on the appropriate frequency.

(c) A pilot-in-command of an aircraft that operates in the following classes of airspace must maintain two-way radio communications with the ATC unit responsible for the airspace concerned on the appropriate frequency unless otherwise authorised by the ATC unit:

(1) Class B, C, or D airspace:

(2) Class E airspace under IFR.

(d) If different classes of airspace adjoin one above the other, a pilot operating at the common level may comply with the requirements of the less restrictive class of airspace.

(e) A pilot of an aircraft operating under VFR does not require an ATC clearance to enter a control area that is classified under Part 71 as class E airspace.

(f) Airspace within a control area and a control zone becomes uncontrolled class G airspace during those times when an air traffic control service is not being provided within that control area or control zone.

Question 24

91.246 - Revoked

Question 25

91.247 - Use of transponder and altitude reporting equipment

Answer 25

(a) Except as provided in paragraph (g), a pilot-in-command of an aircraft operating in transponder mandatory controlled airspace designated under Part 71 within the New Zealand FIR must, unless otherwise authorised or instructed by ATC—

(1) operate the transponder to transmit ADS-B data; and

(2) Ensure That ADS-B data is transmitted at all times when the aircraft begins to move under its own power until it has come to a complete stop at the end of the flight.

(b) A pilot-in-command of an aircraft operating in uncontrolled transponder mandatory special use airspace designated under Part 71 within the New Zealand FIR must operate the transponder —

(1) in Mode A and Mode C; or

(2) in Mode S if the aircraft is equipped with Mode S equipment and allocated a unique Mode S code referred to in paragraph (d); or

(3) referred to in rule 91.257(1) providing an ADS-B system as specified in that rule.

(c) Except if paragraph (3) applies or if operating Mode S equipment, the pilot-in-command must set the transponder SSR code—

(1) to the code assigned by ATC for the flight; or

(2) if not assigned a code by ATC, in accordance with Table 2; and

(3) in the event of an in-flight emergency, loss of radio communications, or an act of unlawful interference, set the transponder to the appropriate code in accordance with Table 3.

(d) A pilot-in-command of an aircraft must not operate Mode S transponder equipment unless the aircraft is transmitting a unique Mode S code assigned by the State of registry.

(e) Reserved

(f) A pilot-in-command of an aircraft operating in transponder mandatory controlled airspace must immediately advise the ATC unit having jurisdiction over the relevant airspace of any failure or partial failure of the transponder equipment.

(g) Unless otherwise required by ATC, only one of the aircraft in a formation flight is required to operate a transponder in accordance with paragraph (a) or paragraph (b).

• Table 2 Table 2. Airspace SSR Codes
  0111 | For aircraft involved in fire fighting and reconnaissance duties (VFR)
  2000 | All IFR, and VFR only while in Auckland Oceanic FIR
  2200 | All aircraft when operating in the aerodrome traffic circuit at a controlled aerodrome (VFR)
  1200 | Aeroplanes other than Defence aeroplanes (VFR)
  1300 | Gliders or balloons (VFR)
  1400 | Powered aircraft in designated general aviation areas (VFR)
  1500 | Helicopters other than Defence helicopters (VFR)
  6000 | Defence aeroplanes
  6500 | Defence helicopters
• Table 3 Table 3. Emergency SSR Codes
  7500 | Unlawful interference
  7600 | Loss of radio communication
  7700 | In flight emergency when no code has been allocated by ATC

Question 26

91.249 - Aircraft callsigns

Answer 26

(a) If required to communicate by radiotelephony under the Civil Aviation Rules, a pilot-in-command of a New Zealand registered aircraft must use 1 of the following radiotelephony callsigns—

(1) the telephony designator of the aircraft operating agency as approved by the Director, followed by the flight identification; or

(2) the telephony designator of the aircraft operating agency as approved by the Director followed by the last 3 letters of the aircraft registration marking; or

(3) the name of the aircraft manufacturer, or the aircraft model, and the last 3 letters of the aircraft registration marking.

(b) Notwithstanding paragraph (a)(2), the pilot-in-command may, after establishing two-way communication with an appropriate ATS unit, use an abbreviated callsign consisting of the last 3 letters of the aircraft registration marking.

(c) The Director may only approve the callsigns prescribed in paragraphs (a)(1) and (2) for the use of—

(1) the holder of an air operator certificate issued under Part 119 or Part 129 conducting—

(i) a regular air transport service; or

(ii) a search and rescue flight; or

(iii) a medical transfer or medical emergency flight; and

(2) aircraft being flown on a police operation that is authorised by the Commissioner of Police.

(d) An applicant for the approval of a telephony designator must submit to the Director in writing the name of the aircraft operating agency and a payment of the appropriate application fee prescribed by regulations made under the Act.

Question 27

91.251 - Time-in-service recorder operation

Answer 27

A person must not tamper with the operation of an automatic time-in-service recorder that is required to be installed in the aircraft in accordance with rule 91.509(b).

Question 28

91.253 - Transition Provision use of certain transponders before and after 31 December 2021

Answer 28

(a) This rule applies to an aircraft operating in controlled airspace within transponder mandatory airspace below flight level 245 designated under Part 71 within the New Zealand FIR.

(b) Despite rules 91.247(a) and 91.255, the aircraft is not required to be equipped with an ADS-B system if it is equipped with a transponder that operates in –

(1) Mode A and C; or

(2) Mode S,

until 31 December 2022, or on an earlier date specified by the Minister in a notice in the Gazette.

(c) Despite rules 91.247(a) and 91.255, the aircraft is not required to be equipped with an ADS-B system if –

(1) it is equipped with a transponder that operates in Mode A and C, or Mode S; and

(2) it is operating in class D control zone from surface to 1500 feet; and

(3) it is operating under VFR; and

(4) the operator has prior approval from ATC; and

(5) the operation is only for the purpose of getting ADS-B equipment installed in the aircraft.

(d) This rule expires on 31 December 2022, or on an earlier date specified by the Minister in a notice in the Gazette.

Question 29

91.255 - Mandatory use of ADS-B system in controlled airspace

Answer 29

(a) Except as provided in rules 91.253 and 91.255D and 91.255E, a person must not operate an aircraft in transponder mandatory controlled airspace designated under Part 71 in the New Zealand FIR unless the aircraft is equipped with an ADS-B system which meets the minimum performance standards and requirements under rule 91.257.

(b) Paragraph (a) does not apply to an aircraft operating in any portion of the airspace within the Auckland Oceanic FIR.

Question 30

91.255D - Operation of aircraft without ADS-B for discreet operations

Answer 30

(a) Despite rule 91.255(a), a person may operate an aircraft without transmitting ADS-B data in the prescribed airspace referred to in that rule if the person is carrying out a discreet operation –

(1) for national defence or security purposes; or

(2) for intelligence or law enforcement purposes; or

(3) for any other suitable purpose approved by the Director where the transmitting of ADS-B data would compromise the security of the operation or pose a safety risk to the aircraft, crew or people and property in the air or on the ground.

(b) An operator must ensure that a discreet operation is not carried out unless –

(1) for a flight under IFR, information submitted in the flight plan as required by rule 91.407 includes that the proposed operation is a discreet operation; and

(2) the appropriate ATS unit is notified of the operation as soon as practicable before the operation is to occur; and

(3) the appropriate ATS unit approves the carrying out of the operation.

(c) A person referred to in paragraph (a)(1) or (a)(2) must inform the Director of the details of the discreet operation in the CAA005 form within 14 days of completing the operation unless the person is required to report an accident or incident involving the discreet operation as required under Part 12.

Question 31

91.255E - Operation of aircraft without ADS-B due to characteristics of aircraft type

Answer 31

(a) Despite rule 91.255(a), a person may operate an aircraft without transmitting ADS-B data in the prescribed airspace referred to in that rule if the aircraft cannot practicably or reasonably be equipped with an ADS-B system because of the characteristics of the aircraft type.

(b) Before operating an aircraft referred to in paragraph (a), the person must obtain specific authorisation from the ATC unit having jurisdiction over the relevant airspace as part of the ATC clearance to enter that airspace.

Question 32

91.257 - ADS-B system performance standards and requirements

Answer 32

An ADS-B system must meet the following minimum requirements -

(1) include a 1090 MHz Mode S Extended Squitter transponder, or any other suitable transponder determined by the Director as specified in a notice referred to in rule 91.258;

(2) include a GNSS position source that is compatible with the 1090 MHz Mode S Extended Squitter transponder, or any other suitable transponder referred to in paragraph (1);

(3) include a barometric altitude pressure system and any related equipment;

(4) transmit an ADS-B OUT message set determined by the Director as specified in a notice referred to in rule 91.258;

(5) meet performance standards regarding ADS-B systems determined by the Director as specified in a notice referred to in rule 91.258;

(6) meet the testing and power requirements determined by the Director as specified in a notice referred to in rule 91.258.

Question 33

91.257A - Prohibited transmission of non-compliant ADS-B or misleading data

Answer 33

(a) A person operating an aircraft in transponder mandatory controlled airspace designated under Part 71 within the New Zealand FIR must not –

(1) allow the transmission of non-compliant ADS-B data or misleading data; or

(2) use a 978 MHz Universal Access Transceiver to transmit data.

(b) In this rule, non-compliant ADS-B data refers to any data that does not meet the requirements of the notice referred to in rule 91.258, unless the non-compliance is caused by factors beyond the control of the aircraft operator, such as but not limited to GNSS outage.

Question 34

91.258A - Process prior to issuing or amending a notice

Answer 34

Before issuing or amending a notice to specify the requirements referred to in rule 91.258, the Director must –

(1) conduct a review to assess the risk to aviation safety of the matter giving rise to particular safety concerns by taking into account –

(i) the requirements of the ATC surveillance system:

(ii) the compatibility of equipment, performance standards and procedures for an ADS-B system required under rule 91.257:

(iii) how ICAO or other ICAO Contracting States are dealing with the risk:

(iv) the practicability of the proposed requirements:

(v) any other information that the Director considers may be relevant; and

(2) consult publicly by publishing the initial or amended notice on the CAA website; and

(3) consider the following:

(i) ICAO’s annexes to the Convention or legislation by ICAO Contracting States in relation to surveillance systems and ADS-B systems, including equipage:

(ii) International standards of the ICAO or ICAO Contracting States and recommended practices and guidance as set out in any document, plan, strategy or manual relating to surveillance systems and ADS-B systems, including equipage; and

(iii) any factors unique or relevant to New Zealand’s operations; and

(4) determine, after conducting the review, whether or not it is necessary to impose requirements to eliminate or mitigate any risk to aviation safety.

Question 35

91.258 - Director may determine certain requirements regarding ADS-B as specified in a notice

Answer 35

(a) After complying with rule 91.258A, the Director may determine the following as specified in a notice -

(1) the requirements for an ADS-B OUT message set;

(2) the performance standards for ADS-B system;

(3) the testing and power requirements regarding an ADS-B system;

(4) the requirements regarding the installation and approval of ADS-B system;

(5) any conditions relating to ADS-B OUT system or design change requirements or combinations of position source and transponder; and

(6) any other suitable transponder that is compatible to the GNSS position source.

(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.

Question 35

91.258B - Notice to be published

Answer 35

The Director must, as soon as practicable after issuing, amending or revoking a notice, publish on the CAA website—

(1) the notice; and

(2) the date the notice comes into effect; and

(3) the reasons for the notice.

Question 36

91.258C - Effective date of notice

Answer 36

(a) A notice made under rule 91.258 comes into force on the date specified by the Director.

(b) In determining the date under paragraph (a), the Director must provide reasonable time for affected parties to be made aware of the notice before it comes into force.

Question 37

91.258D - Amendment of notice

Answer 37

(a) The Director may amend a notice made under rule 91.258 at any time after following the procedures specified in rules 91.258A and 91.258B.

(b) Despite paragraph (a), rules 91.258A and 91.258C(b) do not apply to any amendment or correction that is minor and non-controversial.

Question 38

91.258E - Revocation of notice

Answer 38

(a) The Director may revoke a notice made under rule 91.258 at any time if the Director is satisfied that the notice is no longer necessary after having consulted publicly on the CAA website.

Question 39

91.261 - Requirements for navigation specification

Answer 39

A person must not operate an aircraft using a navigation specification referred to in rule 91.263 unless all of the following requirements are met –

(1) the aircraft meets the airworthiness and performance requirements –

(i) determined by the Director as specified in a notice referred to in rule 91.263; or—

(ii) equivalent to those referred to in paragraph (i) as acceptable to the Director;

(2) the person –

(i) is suitably trained and qualified for the navigation specification applicable to the planned route and airspace as specified in a notice;

91.261 (2((ii) complies with the operational procedures and any limitations applicable to the navigation specification, route, or airspace as specified by the Director in a notice;

(iii) is able to navigate the aircraft safely using an alternative means of navigation acceptable to the Director if the primary means of navigation fails at any point on the planned route; and

(3) the Director has approved the operation if specified to do so in a notice.

Question 40

91.263 - Director may determine navigation specifications, requirements and related matters in a notice

Answer 40

(a) After complying with rule 91.263B, the Director may determine the following as specified in a notice –

(1) the navigation specifications applicable to PBN routes and designated airspaces;

(2) the operational requirements and limitations associated with the navigation specifications;

(3) the airworthiness and performance requirements for an aircraft operating under IFR and using a navigation specification;

(4) requirements for demonstrating compliance with the navigation specification;

(5) suitable training requirements for a person who operates an aircraft under IFR and using a navigation specification;

(6) definitions and abbreviations to give full meaning to the terms used in a notice; and

(7) unless otherwise provided for in the rules, the expiry of any transition provision for a matter determined by the Director in a notice.

(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.

(c) For the purposes of rule 91.261(2)(i), and this rule, suitably trained and qualified or suitable training means the person meets all the applicable training requirements specified in a notice and under Part 61.

(d) Before determining the expiry date of any transitional provision referred to in paragraph (a)(7), the Director must be satisfied that the date is reasonable after having consulted publicly on the CAA website.

Question 41

91.263B - Procedures for ADS-B notice apply to navigation specification notice

Answer 41

(a) The procedures relating to the making, amending and revoking of an ADS-B notice referred to in rules 91.258A to 91.258E apply to a navigation specification notice referred to in rule 91.263.

(b) When following the procedures, a reference to –

(1) ADS-B, ADS-B system or ADS-B systems is to be read as PBN or navigation specifications; and

(2) surveillance or surveillance systems is to be read as navigation or navigation systems.

Question 42

91.263C - Savings Provision

Answer 42

(a) A RNP operation procedures manual and any amendments to the manual that was approved by the Director under rule 91.246(d) immediately before 1 December 2021, continue to be valid and may be used for conducting IFR operations referred to in paragraph (b)(2).

(b) A person operating an aircraft and using an aircraft navigation system in accordance with RNP performance requirements approved by the Director, on the applicable RNP routes and in RNP designated airspace under rule 91.519(c), immediately before 1 December 2021, –

(1) is deemed to have been approved by the Director to carry out a navigation specification under rule 91.261(3);

(2) may conduct IFR operations using the applicable navigation specification specified in a notice referred to in rule 91.263(a)(1); and

(3) must comply with all the requirements that apply to the applicable navigation specification specified in a notice referred to in rule 91.263(a)(2).