| (1) | An air service operator shall ensure that a flight does not commence unless instruments and equipment required under this Subpart, or otherwise installed on an aircraft will enable a flight crew to— |
| (a) | control the flight path of an aeroplane, |
| (b) | carry out any required procedural manoeuvres; and |
| (c ) | observe the operating limitations of an aeroplane in the expected operating conditions. |
| (2) | Instruments and equipment referred to in subregulation (1) shall be— |
| (a) | approved and installed in accordance with the requirements, including operational and airworthiness requirements, applicable to such instruments and equipment ;and |
| (b) | serviceable and in a condition for safe operation for the kind of operation being conducted, except as provided for in the MEL. |
| (3) | A person shall, subject to subregulation (4), not conduct a take-off in an aeroplane with instruments or equipment that are unserviceable or that have been removed where such instruments or equipment are required by— |
| (a) | standards of airworthiness that apply to a flight being operated; |
| (b) | any equipment list published by a manufacturer of such aeroplane regarding aeroplane equipment that is required for the intended flight; |
| (d) | an airworthiness directive; or |
| (4) | Notwithstanding the provisions of subregulation (3), the Director may, under exceptional circumstances, issue a flight permit authorising a take-off for an aeroplane that has instruments or equipment that are unserviceable or that have been removed. |
| (5) | A person shall not conduct a take-off in an aeroplane— |
| (a) | for which an MEL has not been approved; |
| (b) | with instruments and equipment that are unserviceable other than instruments and equipments specified in subregulation (2); |
| (c) | with instruments and equipment that have been removed unless— |
| (i) | removal of such instruments and equipment is authorised in such aeroplane flight manual; and |
| (ii) | appropriate placards are installed as required by such aeroplane’s maintenance control manual; and |
| (iii) | an entry recording actions referred to in subparagraphs (i) and (ii) is made in the flight folio or other document approved for that purpose. |
| (6) | An extinguishing agent used in a built-in fire extinguisher for a lavatory disposal receptacle for towels, paper, or waste in an aeroplane which was first issued with a certificate of airworthiness from 31 December 2011 shall— |
| (a) | meet applicable prescribed minimum performance requirements; and |
| (b) | not be of a type listed in the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987. |
| (7) | An extinguishing agent used in a portable fire extinguisher in an aeroplane which was first issued with a certificate of airworthiness on or after 31 December 2016 shall— |
| (a) | meet applicable prescribed minimum performance requirements; and |
| (b) | not be of a type listed in the Montreal Protocol on Substances that Deplete the Ozone Layer 1987. |
| (8) | Information regarding extinguishing agents to be used in an aeroplane is prescribed in Document SA-CATS 135. |
[Regulation 135.05.1 substituted by regulation 18(e) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
