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A person must not operate an aircraft unless—
(1) the aircraft is equipped with the type and number of instruments and equipment required by this Subpart; and
(2) the instruments and equipment installed in the aircraft comply with—
(i) the applicable specifications and airworthiness design standards listed in the following:
(A) Appendix A to this Part:
(B) Appendix C to Part 21:
(C) Part 26:
(D) for an aircraft that has a special category airworthiness certificate, the aircraft manufacturer’s design specifications; or
(ii) an alternative specification and design standard—
(A) approved by the Director; or
(B) for an aircraft that has a special category airworthiness certificate, that is acceptable to the Director following a flight evaluation; and
(3) the instruments and equipment installed in the aircraft have been installed in accordance with the aircraft manufacturer’s instructions or other equivalent instructions acceptable to the Director; and
(4) except as provided in rule 91.537, the instruments and equipment installed in the aircraft are in an operable condition.
An operator must ensure that—
(1) any instruments and equipment operated or used by one pilot can be readily seen and operated from that pilot’s normally seated position; and
(2) any single instrument or item of equipment operated or used by two pilots, is installed so that it can be readily seen and operated from each pilot’s normally seated position.
(a) Except as provided in paragraph (b), each aircraft, other than a balloon, must be equipped with a—
(1) seat or berth for each person on board; and
(2) safety belt for each seat and restraining belts for each berth; and
(3) shoulder harness for—
(i) each seat of an aircraft certificated for aerobatic flight; and
(ii) each crew member seat of an aircraft having a certificated seating capacity of 10 passenger seats or more; and
(4) shoulder harness or a single diagonal shoulder belt for—
(i) each flight crew member seat of a helicopter; and
(ii) each flight crew member seat of an aeroplane engaged in flight training; and
(iii) each crew member seat of an aeroplane when that aeroplane is operated in accordance with rule 91.311(c).
(b) Notwithstanding paragraphs (a)(1) and (2), a seat, berth, safety belt, or restraining belt is not required for—
(1) any child being carried in accordance with rule 91.207(d)(1); and
(2) any passenger engaged in parachute operations.
Any aircraft, except a balloon, which has a certificated seating capacity of 10 passenger seats or more in passenger compartments separated from direct communication from the flight crew compartment must be equipped with signs operated by the crew that are visible to passengers and flight attendants to notify them when—
(1) smoking is prohibited; and
(2) safety belts must be fastened.
(a) A powered aircraft with an airworthiness certificate, except a powered glider, must be equipped with a means of—
(1) indicating airspeed; and
(2) indicating Mach number, if the speed limitation specified in the aircraft flight manual is expressed in terms of Mach number; and
(3) indicating altitude in feet; and
(4) indicating magnetic heading; and
(5) indicating fuel tank contents, other than auxiliary fuel tank contents; and
(6) indicating engine revolutions of each engine; and
(7) indicating oil pressure of each engine using a pressure lubricating system; and
(8) indicating coolant temperature of each liquid-cooled engine; and
(9) indicating oil temperature of each engine rated at over 250 brake horsepower using a pressure lubricating system; and
(10) indicating manifold pressure of each supercharged or turbocharged piston engine, and each piston engine fitted with a constant speed propeller; and
(11) indicating cylinder head temperature of each air-cooled piston engine rated at over 250 brake horsepower; and
(12) indicating flap position, if flaps are fitted, unless the position of the flaps can be determined visually by the flight crew member; and
(13) indicating landing gear position, if the aircraft has retractable undercarriage; and
(14) indicating the correct functioning of electrical power generating equipment; and
(15) indicating the presence of carbon monoxide in the cabin if the aircraft is fitted with an exhaust manifold cabin heater or a combustion cabin heater.
(b) Subject to paragraph (c), the following New Zealand registered aircraft issued with an airworthiness certificate must be equipped with a means of automatically recording and accumulating the time-in-service for the aircraft:
(1) a helicopter that is used for agricultural aircraft operations conducted in accordance with Part 137:
(2) a helicopter that is used for air operations conducted in accordance with Part 135:
(3) a helicopter, except a helicopter that has a special category— experimental airworthiness certificate or a special category— amateur-built airworthiness certificate, that is used for any other type of operation:
(4) an aeroplane that is used for agricultural aircraft operations conducted in accordance with Part 137.
(c) Paragraph (b) comes into force on a date to be appointed by the Minister by notice; and 1 or more notices may be made bringing different provisions of paragraph (b) into force on different dates.
(d) An aircraft equipped with a lockable door leading to any compartment normally accessible to passengers must be equipped with a means for a crew member to unlock the door.
(a) A powered aircraft with an airworthiness certificate operated under VFR by night must be equipped in accordance with rule 91.509 and have—
(1) except as provided in paragraph (b), a means of indicating rate of turn and slip; and
(2) position lights; and
(3) an anti-collision light system; and
(4) illumination for each required instrument or indicator.
(b) An aircraft equipped with a third attitude instrument indicator that is usable through 360° of pitch and roll does not need to be equipped with a means of indicating rate of turn.
(a) Unless authorised by ATC to operate under VFR without radio communication, an aircraft operating under VFR in controlled airspace classified under Part 71 as Class B, C, D, or in Class E airspace at night, must be equipped with radio communications equipment that—
(1) meets level 1 or 2 standards specified in Appendix A, A.9; and
(2) is capable of providing continuous two-way communications with an appropriate ATC unit.
(b) An aircraft operating under VFR outside controlled airspace must be equipped with radio communications equipment that meets level 1 or 2 standards specified in Appendix A, A.9 if the equipment is to be used for communication with any ATS unit.
An aircraft operating under VFR over water, at a distance that is more than 30 minutes flying time from the nearest shore, must be equipped with—
(1) communication equipment that—
(i) meets level 1 or 2 standards specified in Appendix A, A.9; and
(ii) is capable of providing continuous two-way communications with an appropriate ATS unit or aeronautical telecommunications facility; and
(2) navigation equipment that is capable of being used to navigate the aircraft in accordance with the flight plan.
A powered aircraft issued with an airworthiness certificate and operating under IFR, must be equipped in accordance with rules 91.509 and 91.511 and have the means of indicating—
(1) aircraft attitude, by gyroscopic or inertial means; and
(2) magnetic heading, by gyroscopic or inertial means; and
(3) that the power supply to any gyroscopic instruments is adequate; and
(4) sensitive pressure altitude, in feet, adjustable for barometric pressure in hectoPascals or millibars; and
(5) outside air temperature; and
(6) time in hours, minutes, and seconds; and
(7) airspeed in knots, with a means of preventing malfunctioning due to either condensation or icing; and
(8) rate of climb and descent.
(a) An aircraft operating under IFR must be equipped with communication equipment that—
(1) meets level 1 standards specified in Appendix A.9; and
(2) is capable of providing continuous two-way communications with an appropriate ATS unit or aeronautical telecommunications facility.
(b) Except as provided in paragraph (ba), an aircraft operating under IFR must be equipped with a navigation system that—
(1) meets level 1 standards specified in Appendix A.9; and
(2) will enable the aircraft to proceed in accordance with—
(i) the flight plan required under rules 91.407; and
(ii) reserved
(iii) the requirements of ATC.
(ba) Paragraph (b)(1) does not apply to an aircraft operating under IFR using a navigation specification referred to in rule 91.263.
(c) Reserved
(d) An aircraft operating in airspace with an MNPS designated under ICAO Doc 7030 must—
(1) be equipped with navigation equipment capable of continuously indicating to the flight crew adherence to or departure from track, in accordance with the MNPS, at any point along that track; and
(2) be approved by the Director for MNPS operations.
(e) An aircraft operating in airspace where a RVSM of 1000 feet is applied by ATC above flight level 290 must be—
(1) approved by the Director for operation in the airspace concerned; and
(2) equipped with equipment capable of—
(i) indicating to the flight crew member the flight level being flown; and
(ii) automatically maintaining a selected flight level; and
(iii) for aircraft first issued with a type certificate before 1 January 1997, providing an aural and visual alert to the flight crew when a deviation of 300 feet from the selected flight level occurs; and
(iv) for aircraft first issued with a type certificate after 31 December 1996, providing an aural and visual alert to the flight crew member when a deviation of 200 feet from the selected flight level occurs; and
(v) automatically reporting pressure altitude with the capability for switching to operate from either altitude measurement system referred to in paragraph (f).
(f) The equipment required in paragraph (e)(2)(i) must consist of at least 2 altitude measurement systems.
(g) If any independent system for either communication or navigation purposes fails, an aircraft operating in MNPS airspace must have the equipment required by paragraphs (a), (b), and (d)(1) installed in such number as to ensure that the remaining equipment will enable the aircraft to continue the flight in compliance with paragraphs (a), (b), and (d).
(a) An aircraft performing a Category II or III precision approach procedure must be equipped in accordance with rules 91.509, 91.511, and 91.517, and have—
(1) two localiser and glide slope receiving systems that—
(i) each provide a basic ILS display at each pilot station; and
(ii) have at least one localiser antenna and one glide slope antenna; and
(2) at least one ILS system required under paragraph (1) that is not affected by the use of the aircraft communication equipment; and
(3) a marker beacon receiver that provides distinctive aural and visual indications of the outer and middle markers; and
(4) two gyroscopic or inertial aircraft attitude indicators; and
(5) two gyroscopic or inertial magnetic heading indicators; and
(6) two airspeed indicators calibrated in knots with a means of preventing malfunctioning due to either condensation or icing; and
(7) two sensitive altimeters, calibrated in feet, each having a placarded correction for altimeter scale error and for the wheel height of the aircraft; and
(8) two rate of climb and descent indicators; and
(9) a flight control guidance system that consists of—
(i) an automatic approach coupler, with, at least, automatic steering in relation to an ILS localiser at one pilot station; or
(ii) a flight director system that displays computed information as steering commands in relation to an ILS localiser, and on the same instrument, either computed information as pitch commands in relation to an ILS glide slope or basic ILS glide slope information; and
(10) for operation with a decision height below 150 feet—
(i) a marker beacon receiver providing aural and visual indications of the inner marker; or
(ii) a radio altimeter; and
(11) warning systems, for immediate detection by the pilot of system faults in—
(i) items required by subparagraphs (1), (4), (5), and (9); and
(ii) if installed for use in Category III precision approach procedures, the radio altimeter and autothrottle system; and
(12) fully functioning dual controls; and
(13) an externally vented static pressure system with an alternate static pressure source; and
(14) a windshield wiper, or equivalent means of providing adequate cockpit visibility for a safe transition, by either pilot, to touchdown and rollout.
(b) The number of instruments and equipment required under paragraphs (a)(4), (5), (6), (7), and (8) includes the instruments and equipment required for IFR operations under rule 91.517.
(a) An aircraft with a certificated seating capacity of 10 passenger seats or more must be equipped with—
(1) the number of first aid kits specified in Table 7, which must be distributed and readily accessible in each passenger compartment for the treatment of injuries likely to occur in flight or in minor accidents; and
(2) the number of hand-held fire extinguishers specified in Table 8, which must be readily accessible, and distributed in accordance with Table 8.
(b) An aircraft with a certificated seating capacity of 20 passenger seats or more must be equipped with an axe that is readily accessible to the crew.
(c) An aircraft with a certificated seating capacity of 61 passenger seats or more must be equipped with portable battery-powered megaphones—
(1) readily accessible from the flight attendant seat for the crew members who are assigned to direct emergency evacuation; and
(2) distributed in accordance with Table 9.
(d) Each item of equipment that is required under paragraphs (a)(2) and (c) must clearly indicate its method of operation.
(e) Each compartment or container that contains an item of equipment that is required under paragraph (a), must be marked to indicate its contents.
(f) Paragraph (c) does not apply when the aircraft is carrying cargo exclusively in any passenger compartment converted for the carriage of cargo.
Table 7. First aid kit
| Certificated passenger seating capacity of— | Total number of kits |
|---|---|
| 1 through 100 | 1 |
| 101 through 200 | 2 |
| 201 through 300 | 3 |
| 301 through 400 | 4 |
| 401 through 500 | 5 |
| 501 through 600 | 6 |
| 601 or more | 7 |
Table 8. Hand-held fire extinguishers
| Location | Distribution |
|---|---|
| Accessible to the crew near the entrance to each Class A, B, and E cargo compartment | 1 |
| On or near the flight deck, readily accessible from the flight crew station | 1 |
| A galley not in a passenger, crew, or cargo compartment | 1 |
| Accessible to each galley in a passenger compartment | 1 |
| Passenger Compartment with certificated passenger seating capacity of— | |
| 1 through 30 | 1 |
| 31 through 60 | 2 |
| 61 through 200 | 3 |
| 201 through 300 | 4 |
| 301 through 400 | 5 |
| 401 through 500 | 6 |
| 501 through 600 | 7 |
| 601 or more | 8 |
Table 9. Megaphones
| Certificated passenger seating capacity of— | Distribution | |
|---|---|---|
| Forward end | Most rearward location | |
| 61 through 99 | 1 | |
| 100 or more | 1 | 1 |
(a) An aircraft that is operated on a flight over water must be equipped with 1 life preserver for each person on board and stowed in a position that is readily accessible from the seat or berth occupied by the person if—
(1) the aircraft is a single-engine aircraft and the flight distance to shore is more than gliding distance for the aircraft; or
(2) the aircraft is a multi-engine aircraft that is unable to maintain a height of at least 1000 feet AMSL with 1 engine inoperative, and the flight distance to shore is more than gliding distance for the aircraft; or
(3) the aircraft is a multi-engine aircraft that is capable of maintaining a height of at least 1000 feet AMSL with 1 engine inoperative and the flight distance to shore is more than 50 NM.
(b) A single-engine aircraft, or multi-engine aircraft that is unable to maintain a height of at least 1000 feet AMSL with 1 engine inoperative, that is operated on a flight over water that extends to more than 100 NM from shore must be equipped with—
(1) enough life-rafts with buoyancy and rated capacity to accommodate all the occupants of the aircraft; and
(2) a survival locator light on each life-raft; and
(3) a survival kit, appropriately equipped for the route to be flown, attached to each life-raft; and
(4) at least 1 pyrotechnic signalling device on each life-raft; and
(5) 1 ELT(S) or 1 EPIRB.
(c) A multi-engine aircraft that is capable of continuing flight with 1 or more engines inoperative that is operated on a flight over water that extends to more than 200 NM from shore must be equipped with the equipment specified in paragraph (b).
(d) An aircraft in excess of 5700 kg MCTOW that is operated on a flight over water that extends to more than 200 NM from shore must be equipped with—
(1) the equipment specified in paragraph (b); and
(2) an additional ELT(S) or EPIRB.
(e) A manned balloon must be equipped with 1 life preserver for each person on board stowed in a position that is readily accessible from the position occupied by the person if—
(1) the flight crosses or might cross the shore of any lake or sea; or
(2) the flight takes off from or intends to land at a site where the takeoff or approach path is so disposed over water that in the event of a mishap there is a likelihood of a ditching; or
(3) the flight takes off from a site that is located within 1 NM of water at the ordinary high water mark and the wind is offshore or is less than 5 knots onshore.
(f) The life preservers, life-rafts, signalling devices, ELT(S), and EPIRB required under any of paragraphs (a) to (e) must be installed in conspicuously identified locations and must be easily accessible in the event of a ditching of the aircraft.
An aircraft operating on water must be equipped with—
(1) one life preserver for each person on board, stowed in a position readily accessible from each seat or berth; and
(2) for each aircraft in excess of 5700 kg MCTOW, one sea anchor.
(a) A person must not operate a New Zealand registered aircraft within the New Zealand Flight Information Region without an AELS installed in the aircraft that has been approved by the Director in a notice under paragraph (ab).
(aa) Despite paragraph (a), a person may operate without an AELS in accordance with paragraphs (b), (c), (d), (e), rule 121.353(a)(1)(ii), and rule 121.353(b).
(ab) The Director may issue a notice that approves an AELS if satisfied that it:
(1) automatically broadcasts a signal in the event of an accident for at least 24 hours that:
(i) alerts search and rescue providers without human intervention; and
(ii) identifies the aircraft’s location to at least a 5 kilometre radius; and
(iii) contains the aircraft’s identifying information required by paragraph (f)(1); and
(2) broadcasts a homing signal; and
(3) has an independent power source; and
(4) is suitable for the aircraft type in which it is installed; and
(5) is constructed so as to remain operable after an accident, as far as is reasonably practicable.
(ac) Before approving an AELS under paragraph (ab) the Director must:
(1) be satisfied that the AELS is not contrary to the interests of aviation safety; and
(2) consult with any party that the Director considers appropriate.
(ad) An approval made under paragraph (ab) comes into force on the date specified by the Director.
(ae) The Director must as soon as practicable after making an approval under paragraph (ab) publish it on the CAA website.
(b) Despite paragraph (a) an aircraft may be operated without an AELS installed if—
(1) the operation is to ferry the aircraft from the place where the operator takes possession of the aircraft to a place where an AELS is to be installed; and
(2) the aircraft does not carry a passenger.
(c) Despite paragraph (a) and rule 91.501(4), an aircraft may be operated with an inoperative AELS if—
(1) the operation is to ferry the aircraft from a place where repairs or replacement of the AELS cannot be made to a place where the repairs or replacement can be made; and
(2) the aircraft does not carry a passenger.
(d) Despite paragraph (a) and rule 91.501(4), an aircraft may be operated without an operable AELS for a period of not more than 7 days if the aircraft is equipped with an ELT(S) or PLB that is accessible to any person on board the aircraft.
(e) Paragraph (a) does not apply to any of the following aircraft:
(1) an aircraft that is equipped with no more than 1 seat if the pilot is equipped with an ELT(S) or PLB:
(2) a glider or microlight aircraft if at least 1 person carried in the glider or microlight aircraft is equipped with an ELT(S) or PLB:
(3) a glider, or powered aircraft, including a microlight aircraft, that is equipped with no more than 2 seats, if the glider or powered aircraft is operated not more than 10 NM from the aerodrome from which the glider or powered aircraft takes off:
(4) a manned free balloon.
(f) A holder of a certificate of registration for a New Zealand registered aircraft that is equipped with an AELS or carries an ELT(S), EPIRB, or PLB that operates on 406 MHz must not operate the aircraft unless—
(1) for an AELS or ELT(S), the AELS or ELT(S) is coded with the International Telecommunication Union (ITU) country code for New Zealand, and any of the following:
(i) the AELS or ELT(S) serial number:
(ii) the 24-bit aircraft address:
(iii) the ICAO aircraft operating agency designator and a serial number allocated by the operator:
(iv) the aircraft nationality and registration marks; and
(2) for an EPIRB or PLB, the EPIRB or PLB is coded with—
(i) the International Telecommunication Union (ITU) country code for New Zealand; and
(ii) a unique code to identify the EPIRB or PLB; and
(3) the holder of the aircraft certificate of registration has notified the Rescue Coordination Centre New Zealand of—
(i) the code, in accordance with subparagraph 1 or 2, for each AELS, EPIRB, ELT(S), or PLB that is installed or carried in the aircraft; and
(ii) the name and emergency contact details of the aircraft operator.
(g) A person must not operate a foreign aircraft in New Zealand that is equipped with or carries an ELT that operates on 406 MHz unless the ELT is coded with—
(1) the International Telecommunication Union (ITU) country code of the State of registry; and
(2) any of the following:
(i) the ELT serial number:
(ii) the 24-bit aircraft address:
(iii) the ICAO aircraft operating agency designator and a serial number allocated by the operator:
(iv) the aircraft nationality and registration marks.
An aircraft operated at altitudes above 13 000 feet AMSL, or for more than 30 minutes between 10 000 feet up to and including 13 000 feet AMSL, must be equipped with a means of indicating—
(1) to the flight crew—
(i) the amount of oxygen available in each source of supply and whether the oxygen is being delivered to the dispensing units; and
(ii) of a pressurised aircraft, by visual or aural warning when the cabin pressure altitude exceeds 10 000 feet AMSL; and
(2) to each user of an individual dispensing unit, the amount of oxygen available and whether the oxygen is being delivered to the dispensing unit.
(a) An aircraft with a non-pressurised cabin that is operated at altitudes above 10 000 feet AMSL must—
(1) if operating at altitudes up to and including 13 000 feet AMSL be equipped with—
(i) supplemental oxygen for continuous use by every crew member and 10% of passengers if the aircraft is operated above an altitude of 10 000 feet AMSL for any period in excess of 30 minutes; and
(ii) therapeutic oxygen for continuous use by not less than 3% of the passengers; and
(2) if operating at altitudes above 13 000 feet AMSL and up to and including 25 000 feet AMSL be equipped with—
(i) supplemental oxygen for continuous use by every crew member and passenger; and
(ii) therapeutic oxygen for continuous use by not less than 1% of the passengers; and
(iii) portable oxygen equipment for each flight attendant that is readily accessible for immediate use and containing the greater of 120 litres of oxygen or the quantity of oxygen required for continuous use during the period that the cabin pressure altitude exceeds 10 000 feet.
(b) The requirements in paragraph (a) may be satisfied by substituting an equivalent quantity of supplemental oxygen for therapeutic oxygen or an equivalent quantity of therapeutic oxygen for supplemental oxygen.
(a) An aircraft with a pressurised cabin that is to be operated at altitudes above 10 000 feet AMSL and up to and including 25 000 feet AMSL must be equipped with—
(1) an on-demand oxygen mask for each flight crew member, that is readily accessible to the flight crew member at their normally-seated position and capable of providing a continuous supply of supplemental oxygen for the period that the cabin pressure altitude exceeds 10 000 feet AMSL if the cabin pressurisation system fails; and
(2) the following equipment that is readily accessible to each flight attendant at their normally-seated position:
(i) a passenger oxygen mask:
(ii) portable oxygen equipment that is readily accessible for immediate use and containing the greater of 120 litres of oxygen or the quantity of oxygen required for continuous use for the period that the cabin pressure altitude exceeds 10 000 feet AMSL if the cabin pressurisation system fails; and
(3) sufficient spare oxygen masks, or portable oxygen equipment, distributed to provide immediate availability of oxygen to each crew member regardless of their location; and
(4) subject to paragraph (b), a minimum quantity of supplemental oxygen that must provide—
(i) 45 minutes supply for each flight crew member; and
(ii) 12 minutes supply for each flight attendant, and each passenger; and
(5) subject to paragraph (b), the greater of the quantity of supplemental or therapeutic oxygen that may be required by any one of the following:
(i) if the aircraft is capable of descending from its flight altitude to below 14 000 feet AMSL within 4 minutes—a quantity to provide oxygen for 10% of the passengers for any period that the cabin pressure altitude exceeds 10 000 feet AMSL:
(ii) if the aircraft cannot descend to below 14 000 feet AMSL within 4 minutes—a quantity to provide oxygen for all the passengers for the period that the cabin pressure altitude exceeds 14 000 feet AMSL:
(iii) a quantity to provide oxygen for 10% of the passengers for a period of 30 minutes:
(iv) a quantity to provide oxygen for continuous use by 1% of the passengers.
(b) The calculation of the quantity of oxygen that is required to meet the requirements under paragraphs (a) (4) and (a) (5) in the event of a cabin pressurisation system failure must take into account-
(1) the time that is required for the aircraft to make an emergency descent and recover to level flight at a safe altitude; and
(2) the time that is required for the aircraft to be flown at a pressure altitude above 10 000 feet during any subsequent stage of the flight prior to landing.
(c) An aircraft with a pressurised cabin that is operated at altitudes above 25,000 feet AMSL and up to and including 30,000 feet AMSL must be equipped with the equipment required under paragraph (a) and—
(1) a quick donning on-demand mask for each flight crew member that is readily accessible to the flight crew member at their normally seated position; and
(2) oxygen masks capable of providing supplemental oxygen—
(i) to every passenger and flight attendant; and
(ii) in each washroom and each separate lavatory; and
(3) therapeutic oxygen capable of providing not less than 15 minutes supply in addition to the oxygen required under paragraph (a)(5)(iii), for 10% of the passengers carried.
(d) An aircraft with a pressurised cabin that is to be operated at altitudes above 30 000 feet AMSL must be equipped with the equipment required under paragraphs a and c with the following additional requirements:
(1) the total number of oxygen outlets and masks in the passenger compartments, including those in each washroom and lavatory, must be at least 10% greater than the number of passenger seats:
(2) the extra oxygen units must be uniformly distributed throughout the aircraft:
(3) the oxygen masks must be automatically presented to the passengers and flight attendants in the passenger compartment if the cabin pressure altitude exceeds 14 000 feet AMSL:
(4) the flight crew must be provided with a manual means of making the passenger masks available if the automatic system fails.
(a) An aircraft with inoperative instruments or equipment may be operated if—
(1) an MEL has been approved for the aircraft in accordance with rule 91.539; and
(2) the aircraft is certified for release-to-service with the inoperative instruments or equipment in accordance with the requirements of rule 43.107; and
(3) the aircraft is operated in accordance with every applicable condition and limitation contained in the MEL.
(b) An aircraft that does not exceed 5700 kg MCTOW and does not have a MEL approved under rule 91.539 may be operated under this Part with inoperative instruments and equipment if—
(1) the inoperative instruments and equipment are—
(i) not instruments and equipment prescribed for VFR day certification in the applicable airworthiness requirements under which the aircraft was type certificated; and
(ii) not required by this Subpart for specific operations; and
(iii) not required by an airworthiness directive to be in operable condition; and
(2) the aircraft is certified for release-to-service with the inoperative instruments or equipment in accordance with the requirements of rule 43.107.
(c) An aircraft that does not meet the requirements of paragraphs a or b may be operated with inoperative instruments and equipment if a special flight permit has been issued in respect of the aircraft in accordance with Subpart I of Part 21.
(a) An applicant for the approval of a MEL must complete the appropriate CAA form, and submit it to the Director together with a payment of the appropriate application fee prescribed by regulations made under the Act.
(b) A MEL must contain—
(1) the type and model of the aircraft to which it applies; and
(2) a list of instruments and equipment for the aircraft that may be partially or fully inoperative that—
(i) has been approved by the manufacturer of the aircraft; or
(ii) has been approved by the ICAO Contracting State that issued the type certificate for the aircraft; or
(iii) is acceptable to the Director on the grounds that the inoperative instruments and equipment do not affect the safe operation of the aircraft.
(c) A MEL must not contain any instruments or equipment that are—
(1) either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated; or
(2) required by this subpart for specific operations; or
(3) required by an AD to be in operable condition.
(d) The Director may specify operating conditions and limitations on the MEL that the Director considers necessary in the interests of aviation safety.
(a) Where an aircraft is equipped with ATCRBS transponder equipment, the transponder must have—
(1) Mode 3/A 4096 code capability replying to Mode 3/A interrogations with the code specified by ATC; and
(2) Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100 foot increments.
(b) Where an aircraft is equipped with Mode S transponder equipment, the transponder must be capable of replying to─
(1) Mode 3/A interrogations with the code specified by ATC;
(2) intermode; and
(3) Mode S interrogations.
(c) An ADS-B system installed in an aircraft must meet the minimum performance standards and requirements under rule 91.257.
(a) Except as provided in paragraph (b), a turbojet or turbofan powered aeroplane must be equipped with an altitude alerting system or device that—
(1) alerts the pilot upon approaching a preselected altitude in either ascent or descent—
(i) by a sequence of both aural and visual signals in sufficient time to establish level flight at that preselected altitude; or
(ii) by a sequence of visual signals in sufficient time to establish level flight at that preselected altitude, and when deviating above or below that preselected altitude, by an aural signal; and
(2) provides the required signals from sea level to the highest operating altitude approved for the aeroplane in which it was installed; and
(3) enables use of preselected altitudes in increments that are commensurate with the altitudes at which the aeroplane can be operated; and
(4) may be tested without special equipment to determine proper operation of the alerting signals; and
(5) accepts barometric pressure settings if the system or device operates on barometric pressure.
(b) Paragraph (a) does not apply—
(1) to the operation of any aeroplane that has an airworthiness certificate issued in the restricted, or special category; or
(2) to the operation of any aeroplane for the purposes of—
(i) ferrying a newly acquired aeroplane from the place where possession of it was taken to a place where the altitude alerting system or device is to be installed; or
(ii) conducting an airworthiness flight test of the aeroplane; or
(iii) ferrying an aeroplane to a place outside New Zealand for the purpose of registering it in a foreign country; or
(iv) conducting a sales demonstration of the operation of the aeroplane; or
(v) training foreign flight crews in the operation of the aeroplane before ferrying to a place outside New Zealand for the purpose of registering it in a foreign country.
(a) Except as provided in paragraph (c), an aeroplane operating under IFR that is not equipped with an altitude alerting system or device must be equipped with a means of indicating an altitude assigned by ATC.
(b) The means of indicating assigned altitude required by paragraph (a) must—
(1) be located so that it may be readily adjusted for setting from each pilot station; and
(2) display assigned altitude information that is clearly visible to every flight crew member whose duty involves altitude assignment monitoring; and
(3) enable use of preselected altitudes in increments that are commensurate with the altitudes at which the aeroplane can be operated.
(c) An aeroplane that has a special category—exhibition airworthiness certificate or a special category—limited airworthiness certificate is not required to be equipped with a means of indicating assigned altitude.
An ejection seat or associated agress or jettison system containing an explosive device, and fitted to an aircraft that has a special category airworthiness certificate must comply with rule 91.501(2)(i)(D) or rule 91.501(2)(ii)(B).
