CASA 07/15 - Approval and permission — use of Class A airspace by gliders - Exemption — from carriage of ADS-B equipment by gliders

Link to law: https://www.comlaw.gov.au/Details/F2015L00093

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Instrument number CASA 07/15
I, peter beilby cromarty, Executive Manager, Airspace and Aerodrome Regulation Division, make this instrument under subregulations 99AA (3) and 174A (3) of the Civil Aviation Regulations 1988 (CAR 1988), regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed P. B. Cromarty]
Peter Cromarty
Executive Manager
Airspace and Aerodrome Regulation Division
23rd January 2015
Approval and permission — use of Class A airspace by gliders
Exemption — from carriage of ADS-B equipment by gliders
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   expires at the end of December 2017, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA 289/05 is repealed.
3          Definitions
                 In this instrument:
ADS-B has the same meaning as in subsection 9 of Civil Aviation Order 20.18 (Aircraft equipment — basic operational requirements) Instrument 2014 (CAO 20.18).
Letter of agreement (LOA) means a letter of the kind mentioned in Schedule 1.
4          Application
                 This instrument applies to the pilot in command of a glider who:
(a)   is a member of the Gliding Federation of Australia Inc. (the GFA); and
(b)   is operating the glider within Class A airspace at the times and in compliance with the conditions (however described) mentioned in the current LOA for the airspace.
5          Approval and permission
                 The pilot may engage in a V.F.R. flight in Class A airspace in a glider that is not equipped with a secondary surveillance radar transponder in accordance with subregulation 174A (1) of CAR 1988 or paragraph 1.2 of section 52.1 of the Civil Aviation Orders, FRLI reference F2005B00649, as amended.
6          Exemption
I exempt the pilot from compliance with the requirement to carry ADS-B transmitting equipment above FL290 in accordance with paragraph 9B.8 of CAO 20.18.
7          Conditions
                 The approval and permission, and exemption, are subject to the conditions mentioned in Schedule 2.
Schedule 1       Letter of agreement
              A signed letter of agreement between Airservices Australia (AA) and the GFA, or between AA and a gliding body affiliated with the GFA (the affiliate):
(a)   that sets out the conditions on which AA agrees to the conduct of high altitude glider operations in Class A airspace, within a specified wave soaring area, during a specified period of time; and
(b)   a copy of which has been given to CASA by the GFA or the affiliate as soon as practical after it has been signed.
Schedule 2       Conditions
        1     The flight must be conducted in accordance with:
(a)   the LOA; and
(b)   the operational requirements of AA and CASA for high altitude glider operations in Class A airspace within a wave soaring area.
        2     The pilot must be a member of the GFA and have received, and understood, a briefing from a Chief Flying Instructor (CFI) of the GFA (the GFA CFI), or his or her delegate appointed in writing, on the CASA and AA operational requirements for high altitude glider operations within a wave soaring area.
        3     The pilot must operate the glider in accordance with the instructions and directions of the GFA CFI, or his or her delegate.
        4     The pilot must have a copy of the current LOA for the wave soaring area on his or her person:
(a)   during the flight; and
(b)   for at least 1 hour immediately before and after the flight.
        5     The pilot must carry and use a VHF radio to communicate with other aircraft in accordance with any directions issued by CASA under regulation 99A of CAR 1988 and published in AIP or NOTAMs.
        6                 A delegate of the GFA CFI must be a person whom the GFA CFI believes has qualifications and experience in aviation and gliding that make him or her a suitable person to be the GFA’s delegate in relation to high altitude gliding.