CASA EX29/15 - Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)

Link to law: https://www.comlaw.gov.au/Details/F2015L00149

Instrument number CASA EX29/15
I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
12 February 2015
Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)
1          Duration
                 This instrument:
(a)   commences on 23 February 2015; and
(b)   expires at the end of 2 March 2015, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA EX171/14 is repealed.
3          Definitions
                 In this instrument:
CAO means Civil Aviation Order.
CAO 95.10 aircraft means an aircraft to which CAO 95.10 applies.
CAO 95.12 aircraft means an aircraft to which CAO 95.12 applies.
CAO 95.12.1 aircraft means an aircraft to which CAO 95.12.1 applies.
CAO 95.32 aircraft means an aircraft to which CAO 95.32 applies.
CAO 95.55 aircraft means an aircraft to which CAO 95.55 applies.
4          Application
        (1)     This instrument applies to an aircraft:
(a)   which is a CAO 95.10 aircraft, a CAO 95.12 aircraft, a CAO 95.12.1 aircraft, a CAO 95.32 aircraft or a CAO 95.55 aircraft; and
(b)   which is registered with:
             (i)  Recreational Aviation Australia Incorporated (RAA); or
            (ii)  the Hang Gliding Federation of Australia Incorporated (HGFA); or
           (iii)  the Australian Sport Rotorcraft Association (ASRA).
        (2)     This instrument applies to an operator and a pilot in command of an aircraft mentioned in subsection 4 (1).
        (3)     This instrument only applies to operations in restricted area R979A, including Avalon aerodrome (YMAV) and Avalon East aerodrome (YAVE).
5          Exemptions
        (1)     An aircraft mentioned in subsection 4 (1), its operator and its pilot in command are exempt from complying with the requirements of the following provisions of the Civil Aviation Regulations 1988:
(a)   in the case of a CAO 95.10 aircraft, its operator and its pilot in command — Parts 4, 4A, 4B, 4C and 4D; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; Division 4 of Part 13; regulations 207, 208 and 230; subregulation 242 (2); regulations 252 and 258;
(b)   in the case of a CAO 95.12 aircraft, its operator and its pilot in command — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207, 208 and 230; Division 4 of Part 13, regulations 252 and 258;
(c)   in the case of a CAO 95.12.1 aircraft, its operator and its pilot in command — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207 and 208; regulation 210 as far as advertising of flying training to qualify for a pilot standard specified in the ASRA Operations Manual is concerned; Division 3 of Part 14, regulations 252 and 258;
(d)   in the case of a CAO 95.32 aircraft, its operator and its pilot in command — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; Division 4 of Part 13; regulations 207 and 208; regulation 210 as far as advertising of flying training to qualify for a pilot standard specified in the appropriate Operations Manual is concerned; regulation 230; subregulation 242 (2); regulations 252 and 258;
(e)   in the case of a CAO 95.55 aircraft, its operator and its pilot in command — Parts 4, 4A, 4B, 4C and 4D; regulations 36A and 37; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207 and 208; regulation 210 as far as advertising of flying training to qualify for a pilot standard specified in the appropriate Operations Manual is concerned; regulation 230; subregulation 242 (2); regulations 252 and 258.
        (2)     An aircraft mentioned in subsection 4 (1), its operator and its pilot in command are exempt from complying with the requirements of each provision of Part 61 of CASR 1998.
6          Conditions
                 The exemptions are subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The aircraft must comply with the conditions in CAO 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32 or CAO 95.55, whichever is applicable, other than:
(a)   sub‑subparagraph 6.1 (c) (iii) and paragraph 6.4 in CAO 95.10 to the extent that they relate to Class C and Class D airspace; and
(b)   sub‑subparagraph 7.1 (d) (iii) and paragraph 7.3 in CAO 95.32 and CAO 95.55 to the extent that they relate to Class C and Class D airspace; and
(c)   sub-paragraph 6.1 (d) (iii) and paragraph 6.3 in CAO 95.12 to the extent that they relate to Class C and Class D airspace; and
(d)   sub-paragraph 7.1 (e) (iii) and paragraph 7.4 in CAO 95.12.1 to the extent that they relate to Class C and Class D airspace.
Note   The provisions of the CAOs mentioned in paragraphs 1 (a), 1 (b), 1 (c) and 1 (d) impose certain restrictions on flight in Class C or Class D airspace.
        2     The aircraft must be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must verify the serviceability of that radio immediately before take-off.
        3     The pilot in command must hold at least a valid RAA pilot certificate, a valid HGFA pilot certificate, or a valid ASRA pilot certificate, with radio operator endorsement.
        4     The pilot in command must comply with the procedures published in AIP‑SUP H02/15, H03/15 or H04/15, or later revision, applicable to flights in restricted area R979A.
        5     Before landing at YMAV, the pilot in command must have written approval from Aviation Development Australia Limited, the organisers of the Australian International Air Show 2015.
        6     Subject to clause 7, the pilot in command must have a written approval of the Operations Manager of RAA, HGFA or ASRA to operate in restricted area R979A.
        7     The written approval mentioned in clause 6 must state that the Operations Manager of RAA, HGFA or ASRA is satisfied that the pilot in command has demonstrated the necessary competencies to conduct the operation safely.
 
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