121.353 General

• (a) Except as provided in paragraph (b), a holder of an air operator certificate must ensure that an air transport operation does not commence unless--
  • (1) the aeroplane is equipped with --
    • (i) the type of instruments and equipment required by Part 91 and this Subpart; and
    • (ii) for an aeroplane that is performing a regular air transport service to, from, and within countries outside of New Zealand and for which the individual airworthiness certificate is first issued after 1 July 2008 either:
    • (A) 3 ELTs, 1 of which must be an ELT(AF); or
    • (B) at least 2 ELTs and a capability to autonomously transmit information from which a position can be determined by the operator at least once every minute, when in distress; and
    • (iii) the number of instruments and equipment to ensure that the failure of any independent system required for either communication or navigation purposes, or both, does not result in the inability to communicate and navigate safely as required for the route being flown; and
  • (2) the instruments and equipment installed in the aeroplane comply with--
    • (i) the applicable specifications and airworthiness design standards listed in the following:
      • (A) Appendix B to this Part:
      • (B) Appendix C to Part 21:
      • (C) Part 26; or
    • (ii) an alternative specification or design standard acceptable to the Director; and
  • (3) the instruments and equipment have been installed in accordance with the aeroplane manufacturer's instructions or equivalent instructions acceptable to the Director; and
  • (4) except as may be provided by a MEL approved under rule 91.539 for use for the aeroplane, the instruments and equipment installed in the aeroplane are in operable condition.
• (aa) Each ELT referred to in paragraph (a)(1)(ii) must meet the relevant standard referred to in A.15 of Appendix A to Part 91.
• (b) A holder of an air operator certificate is not required to equip an aeroplane with an AELS as required by rule 91.529(a) if--
  • (1) the individual airworthiness certificate for the aeroplane was first issued before 1 July 2008; and
  • (2) the aeroplane is performing a regular air transport service to, from, and within countries outside of New Zealand; and
  • (3) the aeroplane is equipped with 2 ELTs of any type that meet the requirements prescribed in A.15 of Appendix A to Part 91 instead of the AELS required by rule 91.529(a).