49 U.S.C. § 44716 — Collision avoidance systems

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 602 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FAA had to finish developing and certify the TCAS-II collision avoidance system by June 30, 1989, reporting monthly to Congress on progress. It then had to require TCAS-II on larger passenger aircraft, later collision-avoidance gear on heavier cargo planes, and altitude-reporting transponders in controlled airspace. It also had to develop the more advanced TCAS-III system and study using TCAS-II data and aligning windshear-equipment timing.

(a) Development and Certification. The FAA had to: (1) finish developing the TCAS-II collision avoidance system so it works under visual and instrument flight rules and can be upgraded to TCAS-III's performance standards; (2) develop and follow a schedule for developing and certifying TCAS-II that would result in certification by June 30, 1989; and (3) submit monthly progress reports to Congress. (b) Installation and Operation. Within 30 months after TCAS-II's certification under (a)(2), the FAA had to require by regulation that TCAS-II be installed and operated on civil aircraft with at least 31 passenger seats used to provide air transportation, including within a single state. The FAA could extend this deadline by up to two years if needed to promote a safe, orderly transition to a TCAS-II-equipped fleet, or other safety goals. (c) Operational Evaluation. By December 30, 1990, the FAA had to set up a one-year program to collect and assess safety and operational data from TCAS-II-equipped aircraft, and encourage foreign carriers with TCAS-II to take part. (d) Amending Schedule for Windshear Equipment. The FAA had to consider whether it was feasible and worthwhile to adjust the schedule for installing airborne low-altitude windshear equipment so it matched the TCAS-II installation schedule. (e) Deadline for Development and Certification. (1) The FAA had to finish developing and certifying TCAS-III as soon as possible. (2) Money for this could be appropriated from the Airport and Airway Trust Fund. (f) Installing and Using Transponders. The FAA had to require by regulation that, by December 30, 1990, transponders with automatic altitude reporting be installed and used on aircraft flying in designated terminal airspace where radar separation service is provided. The FAA could let non-equipped aircraft into that airspace, except terminal control areas and airport radar service areas, if it found that access wouldn't disrupt normal traffic flow. (g) Cargo Collision Avoidance Systems. (1) The FAA had to require by regulation that, by December 31, 2002, collision avoidance equipment be installed on cargo aircraft with a maximum certificated takeoff weight over 15,000 kilograms. (2) The FAA could extend that deadline by up to two years if needed for a safe, orderly transition to an equipped cargo fleet, or other safety or public-interest goals. (3) "Collision avoidance equipment" means equipment protecting against mid-air collisions using technology that provides (A) cockpit-based collision detection and conflict-resolution guidance, including a traffic display, and (B) a safety margin at least as good as TCAS-II's.

the actual law source: uscode.house.gov ↗public domain

(a)Development and Certification.—

The Administrator of the Federal Aviation Administration shall—

(1)

complete the development of the collision avoidance system known as TCAS–II so that TCAS–II can operate under visual and instrument flight rules and can be upgraded to the performance standards applicable to the collision avoidance system known as TCAS–III;

(2)

develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30, 1989; and

(3)

submit to Congress monthly reports on the progress being made in developing and certifying TCAS–II.

(b)Installation and Operation.—

The Administrator shall require by regulation that, not later than 30 months after the date certification is made under subsection (a)(2) of this section, TCAS–II be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is used to provide air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—

(1)

a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCAS–II; or

(2)

other safety objectives.

(c)Operational Evaluation.—

Not later than December 30, 1990, the Administrator shall establish a one-year program to collect and assess safety and operational information from civil aircraft equipped with TCAS–II for the operational evaluation of TCAS–II. The Administrator shall encourage foreign air carriers that operate civil aircraft equipped with TCAS–II to participate in the program.

(d)Amending Schedule for Windshear Equipment.—

The Administrator shall consider the feasibility and desirability of amending the schedule for installing airborne low-altitude windshear equipment to make the schedule compatible with the schedule for installing TCAS–II.

(e)Deadline for Development and Certification.—

(1)

The Administrator shall complete developing and certifying TCAS–III as soon as possible.

(2)

Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.

(f)Installing and Using Transponders.—

The Administrator shall prescribe regulations requiring that, not later than December 30, 1990, operating transponders with automatic altitude reporting capability be installed and used for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas) by nonequipped aircraft if the Administrator finds the access will not interfere with the normal traffic flow.

(g)Cargo Collision Avoidance Systems.—

(1)In general.—

The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.

(2)Extension of deadline.—

The Administrator may extend the deadline established by paragraph (1) by not more than 2 years if the Administrator finds that the extension is needed to promote—

(A)

a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or

(B)

other safety or public interest objectives.

(3)Collision avoidance equipment defined.—

In this subsection, the term “collision avoidance equipment” means equipment that provides protection from mid-air collisions using technology that provides—

(A)

cockpit-based collision detection and conflict resolution guidance, including display of traffic; and

(B)

a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1198; Pub. L. 106–181, title V, § 502, Apr. 5, 2000, 114 Stat. 132.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1198
2000Amended · Pub. L. 106-181 · 114 Stat. 132

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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