In accordance with section 34(1)(a) of the Civil Aviation Act 1990, the Minister of Transport hereby gives notice of his intention to make the following ordinary Civil Aviation Rules.

Part 91 – General Operating and Flight Rules

The purpose of this rule is to update the Civil Aviation Rules to provide for the transition from secondary surveillance radar to Automatic Dependent Surveillance Broadcast (ADS-B) Out as the primary source of data for surveillance in New Zealand. This proposal primarily relates to changes to Part 91 and includes proposed amendments to other Civil Aviation Rule Parts to ensure they remain fit for purpose in an ADS-B surveillance environment.

The transition to ADS-B Out will occur in two phases:

• Firstly, in respect of aircraft that fly within controlled airspace designated under Part 71 within the New Zealand Flight Information Region above flight level 245 from 31 December 2018; and
• secondly, in respect of aircraft that fly within transponder mandatory airspace designated under Part 71 within the New Zealand Flight Information Region below flight level 245 from 31 December 2021.

This NPRM concerns the rule changes required to implement the first of those two phases. This NPRM contains a draft notice of requirements regarding ADS-B systems and a draft advisory circular.

The NPRM proposes that any ADS-B systems fitted on any aircraft (including those operating below flight level 245) after the date of commencement of this rule would need to meet the standards set out in this rule.

Consequential Amendments are proposed to:

Part 1 – Definitions and Abbreviations

Part 43 – General Maintenance Rules

Part 101 – Gyrogliders and Parasails; and Unmanned Balloons, Kites, Rockets and Model Aircraft – Operating Rules

Part 103 – Microlight Aircraft – Operating Rules

Part 172 – Air Traffic Service Organisations – Certification

NPRM 18-02. CAA docket 16/CAR/12.

The NPRM is available on the Civil Aviation Authority website www.caa.govt.nz or from the Docket Clerk, Civil Aviation Authority, PO Box 3555, Wellington 6140. Telephone: (04) 560 9603. Email: docket@caa.govt.nz.

The NPRM is also available for viewing at the Civil Aviation Authority, Level 15, Asteron Centre, 55 Featherston Street, Wellington 6011, on prior request to the Docket Clerk.

Submissions on the proposed rule should be submitted to the Docket Clerk by 27 October 2017 by post, or email using the Docket Clerk contact details as above.

Dated at Wellington this 21st day of September 2017.

GRAEME HARRIS, Director of Civil Aviation.