CASA EX28/15 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Bankstown Aerodrome

Link to law: https://www.comlaw.gov.au/Details/F2015L00154

Instrument number CASA EX28/15
I, jonathan aleck, Associate Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed Jonathan Aleck]
Jonathan Aleck
Associate Director of Aviation Safety
9 February 2015
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Bankstown Aerodrome
1          Duration
            This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of November 2017, as if it had been repealed by another instrument.
2          Definitions
                 In this instrument:
solo, in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft.
suitable landing area means an area in which an aeroplane, to which this exemption applies, can be landed without endangering the safety, or damaging the property, of persons unconnected with the operation.
3          Application
            This instrument applies to each solo flight (the operation):
(a)   using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, Aviation Reference Number 224806 (the RAA), at Bankstown Aerodrome; and
(b)   by:
             (i)  a student under the control of Soar Aviation-Bankstown (the operator); or
            (ii)  a pilot under the control of the operator for the operation and carrying out of training sequences authorised by the operator’s chief flying instructor (CFI).
4          Exemption
            The operator is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 (CAR 1988) when conducting the operation:
(a)   regulation 37;
(b)   Parts 4A, 4B, 4C and 4D;
(c)   regulations 133, 139, 155, 157, 207, 208 and 230;
(d)   subregulation 242 (2);
(e)   regulations 252 and 258.
5          Conditions
            The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The aeroplane:
(a)   may only be operated by a person, as pilot in command, who holds at least a valid student pilot certificate; and
(b)   subject to this Schedule, must be operated in accordance with:
             (i)  the privileges and limitations of the certificate; and
            (ii)  the RAA Operations Manual; and
(c)   must be maintained in accordance with the maintenance standards set out in the RAA Technical Manual; and
(d)   must be fitted with at least a serviceable VHF radio capable of two-way communication with Air Traffic Control (ATC); and
(e)   must not have been modified unless the design of the modification has been approved:
             (i)  subject to subparagraph (ii), by the manufacturer or under Subpart 21.M of CASR 1998; or
            (ii)  in the case of an aircraft to which regulation 21.186 applies, by the manufacturer only; and
(f)    may only be flown in daylight hours:
             (i)  in V.M.C; or
            (ii)  under special V.F.R. as proposed by ATC; and
(g)   must not be flown over a built-up area at a height from which it cannot glide clear of all dwellings, buildings and persons within the built-up area; and
(h)   must not be flown in acrobatic flight; and
(i)    may be flown inside controlled airspace only if the aeroplane:
             (i)  is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order 101.55 (CAO 101.55) applies or that CASA has approved as being suitable for use in the aircraft without any conditions; and
            (ii)  if the pilot plans to land at, or take off from, an aerodrome at which it is required to be fitted with a transponder — is fitted with a transponder suitable for use at the aerodrome; and
(j)    may be flown inside controlled airspace only if the transponder that is fitted to the aeroplane is maintained in accordance with CASA AD/RAD/47 as current at the time of this instrument.
        2     For paragraph 1 (d), the radiotelephone equipment may only be used by a person who holds a valid flight radiotelephone operator licence, an aeronautical radio operator certificate, a recreational pilot licence with a flight radio endorsement or an RAA radio operator endorsement.
        3     The person conducting the flight training must hold a valid RAA flight instructor rating and a valid pilot licence that allows the holder to fly inside the controlled airspace.
        4     Each pilot in command must hold a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate.
        5     As soon as possible after an incident or accident, the CFI must report it to:
(a)   the Australian Transport Safety Bureau; and
(b)   the Team Leader, Self-Administering Sport Aviation Organisation Section, CASA; and
(c)   the RAA.
        6     The operator may use the RAA syllabus for instructing students, and:
(a)   must ensure that the instructor enters the airspace certification in each student’s log book; and
(b)   must ensure that all solo flights under this exemption are authorised in writing by the CFI who must hold a valid pilot licence that allows the holder to fly inside the controlled airspace; and
(c)   must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace; and
(d)   must retain evidence of compliance with paragraphs (a), (b) and (c) for a period of not less than 5 years.
        7     The operator must allow CASA to carry out audits of its records and facilities to ensure that it is complying with the requirements of this exemption.
        8     The aeroplane must:
(a)   be certified to the design standards mentioned in CAO 101.55; or
(b)   meet the criteria mentioned in subregulation 21.024 (1) or 21.186 (1) of CASR 1998.
 
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