Summary of proposal - Performance-based communications and surveillance (CD 1801AS)

Closed 2 May 2018

Opened 18 Apr 2018

Feedback updated 22 May 2018

We asked

CASA published a consultation draft of the proposed regulatory instrument for performance-based communication and surveillance on the CASA Consultation Hub from 18 April to 2 May 2018.

You said

CASA received a total of three responses to the proposed instrument.

One of the main objectives of the consultation was to obtain feedback on whether open-ended relief statements for aircraft documentation, agreement with the communication service provider and the Minimum Equipment List (MEL) would be acceptable to foreign authorities in the long term. One response indicated that such open-ended statements didn't appear to be a problem. Another response queried if CASA would be prepared to accept the open-ended statements and how certain older aircraft equipment would be treated if it is determined or declared to be non-compliant by the State of design.

There was a suggestion to prepare and publish guidance on the subject in the form of an Advisory Circular (AC).

Other comments indicated preference for the use of less-restrictive statements concerning monitored performance of aircraft data link operations and training of the personnel.

Finally, a suggestion was provided to use the definitions contained in ICAO documents.

We did

As PBCS is a recently developed concept and that it may take some time for operators to obtain the required documentation, CASA and foreign authorities should accept operator's request(s) to appropriate authorities or entities for documentation as an acceptable means of compliance. Otherwise, affected operators would be disadvantaged due to no fault of their own.

The comment regarding the possibility of certain aircraft equipment being declared non-compliant by State of design has been addressed so that the subject aircraft are no longer authorised to declare applicable RCP and RSP capabilities.

A new Advisory Circular on PBCS has been published by CASA to provide general guidance on the subject.

Suggestions to use less-restrictive statements on the monitoring of aircraft data link operations and training of the personnel have also been taken into consideration. The word "notification" has been replaced by "advice" in the context of data link monitoring. Furthermore, requirements for flight crew and other personnel have become more general so that having appropriate knowledge is considered acceptable. 

The definitions will remain the same. They are slightly reworded from those contained in ICAO documents and are for the purpose of the subject instrument only.

The regulatory instrument CASA 33/18 – Required Communication Performance and Required Surveillance Performance (RCP 240 and RSP 180) Capability Declarations – Direction 2018 – is available on the Federal Register of Legislation.


ICAO has introduced new provisions for States to introduce Required Communication Performance (RCP) and Required Surveillance Performance (RSP) specifications to Controller-Pilot Data Link Communications (CPDLC) and Automatic Dependent Surveillance - Contract (ADS-C) systems.  Along with required navigation performance (RNP) specifications, RCP and RSP are being used to set  separation minima in some oceanic airspace.

Starting from 29 March 2018, aircraft operating in some foreign Flight Information Regions (FIRs), need authorisation from their State of Registry or State of Operator, to declare their RCP 240 and RSP 180 capabilities. Without such a declaration, an aircraft may not be allowed to operate on or at certain favourable routes or flight levels subject to new separation minima based on the newly introduced RCP and RSP specifications. An authorisation issued by CASA would also be applicable to Australian FIRs, if a decision was made to require these capabilities.

Policy consultation

It is proposed the legislative instrument, CASA xx/18 — Required Communication Performance and Required Surveillance Performance (RCP 240 and RSP 180) Capability Declarations — Direction Instrument 2018, be issued, to enable aircraft registered in Australia or operated by an Australian operator, to declare RCP and RSP capabilities as required, in any airspace.

Closing date for comment

CASA will consider all comments received as part of this consultation process and incorporate changes as appropriate. Comments on the draft instrument should be submitted through the survey below by close of business 2 May 2018.

Why your views matter

CASA recognises the valuable contribution that community and industry consultation makes to the regulatory development process.

A copy of the summary of proposal and the draft instrument is provided below. You can read it on this screen or save it to your computer using the popup options.

Please read the documents before providing your feedback in the online survey.

What happens next

At the end of the response period for public comment, we will review each comment and submission received through the online response form. We will make all submissions publicly available on the CASA website unless a respondent requests their submission remain confidential. Information about how we consult and how to make a confidential submission is available on the CASA website.

When the consultation draft submissions are published we will also publish a summary of consultation, which will summarise the feedback received, describe any intended changes and detail our plans to make the rule changes.

If we do change the rules, information about the rule making will be available in the Explanatory Statement that is published with the final rule on the Federal Register of Legislation. You can subscribe to our consultation and rule making mailing list to be notified of future consultation or rule making.


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