| (1) | No air service operator or PIC of a turbine-engine aeroplane shall operate an aeroplane unless— |
| (a) | such aeroplane is equipped with a serviceable ACAS meeting ACAS II specifications, as prescribed in technical standard 91.04.28 of Document SA-CATS 91; and |
[Regulation 121.05.15 substituted by regulation 26 of Notice No. R. 534, GG 36712, dated 30 July 2013 (Third Amendment to the Civil Aviation Regulations, 2013)]
| (b) | the flight crew members have been trained and checked as prescribed in technical standard 121.03.4 of Document SA-CATS 121. |
| (2) | Notwithstanding the provisions of subregulation (1), an aeroplane may be flown— |
| (a) | for the purpose of moving the aeroplane to a place to have an approved but unserviceable ACAS that is fitted to the aeroplane repaired, removed, substituted or overhauled; or |
| (b) | if the aeroplane is fitted with an approved ACAS that is unserviceable at the beginning of the flight— |
| (i) | for aeroplanes with an approved MEL, such aeroplane is operated in accordance with that MEL; or |
| (ii) | for aeroplanes without an approved MEL— |
| (aa) | if not more than 10 days have passed since the ACAS became unserviceable, excluding the day of discovery, or for such shorter duration as prescribed by the authority responsible for a particular airspace; or |
| (bb) | if theTA and RA are inoperative on the non-flying pilot side, theTA and RA elements and audio functions are operative on the flying pilot side, and on intercontinental flights the T A and RA functions are visible to the non-flying pilot. |
| (3) | The PIC of an aeroplane that is fitted with a serviceable ACAS system shall take all reasonable steps to ensure that the system is activated at all times during flight, and that its use is consistent with the conditions prescribed for the area of operation. |
