91.258 Director may determine certain requirements regarding ADS-B as specified in a notice

• (a) After complying with rule 91.258A, the Director may determine the following as specified in a notice -
  • (1) the requirements for an ADS-B OUT message set;
  • (2) the performance standards for ADS-B systems;
  • (3) the testing and power requirements regarding an ADS-B system;
  • (4) the requirements regarding the installation and approval of ADS- B system; and
  • (5) any conditions relating to ADS-B OUT system or design change requirements or combinations of position source and transponder.
• (b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.

91.258A Process prior to issuing or amending a notice

• Before issuing or amending a notice to specify the requirements referred to in rule 91.258, the Director must ­
  • (1) conduct a review to assess the risk to aviation safety of the matter giving rise to particular safety concerns by taking into account ­
    • (i) the requirements of the ATC surveillance system:
    • (ii) the compatibility of equipment, performance standards and procedures for an ADS-B system required under rule 91.257:
    • (iii) how ICAO or other ICAO Contracting States are dealing with the risk:
    • (iv) the practicability of the proposed requirements:
    • (v) any other information that the Director considers may be relevant; and
  • (2) consult publicly by publishing the initial or amended notice on the CAA website; and
  • (3) consider the following:
    • (i) ICAO's annexes to the Convention or legislation by ICAO Contracting States in relation to surveillance systems and ADS-B systems, including equipage:
    • (ii) International standards of the ICAO or ICAO Contracting States and recommended practices and guidance as set out in any document, plan, strategy or manual relating to surveillance systems and ADS-B systems, including equipage; and
    • (iii) any factors unique or relevant to New Zealand's operations; and
  • (4) determine, after conducting the review, whether or not it is necessary to impose requirements to eliminate or mitigate any risk to aviation safety.

91.258B Notice to be published

• The Director must, as soon as practicable after issuing, amending or revoking a notice, publish on the CAA website--
  • (1) the notice; and
  • (2) the date the notice comes into effect; and
  • (3) the reasons for the notice.

91.258C Effective date of notice

• (a) A notice made under rule 91.258 comes into force on the date specified by the Director.
• (b) In determining the date under paragraph (a), the Director must provide reasonable time for affected parties to be made aware of the notice before it comes into force.

91.258D Amendment of notice

• (a) The Director may amend a notice made under rule 91.258 at any time after following the procedures specified in rules 91.258A and 91.258B.
• (b) Despite paragraph (a), rules 91.258A and 91.258C(b) do not apply to any amendment or correction that is minor and non-controversial.

91.258E Revocation of notice

• (a) The Director may revoke a notice made under rule 91.258 at any time if the Director is satisfied that the notice is no longer necessary after having consulted publicly on the CAA website.
• (b) A revocation takes effect from the date specified by the Director.