Instrument number CASA EX13/14
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 and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
10 March 2014
Exemption — take-off with traces of frost
1 Duration
This instrument:
(a) commences on the day of registration; and
(b) expires at the end of 30 June 2016, as if it had been repealed by another instrument.
2 Repeal
Instrument CASA EX70/13 is repealed.
3 Application
This instrument applies only to the pilot in command of an aircraft that:
(a) has a maximum take-off weight of more than 5 700 kg; and
(b) is engaged in regular public transport operations or charter operations.
4 Definition
In this instrument:
critical surfaces means:
(a) the aircraft’s wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers and vertical stabilisers; and
(b) if the aircraft has rear mounted engines — the upper surface of its fuselage.
5 Exemption
The pilot in command is exempt from compliance with paragraph 244 (1) (c) of the Civil Aviation Regulations 1988.
6 Conditions
The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1 Conditions
1 Subject to clause 2, at the time of commencing the take-off, the aircraft must not have any frost, ice or snow adhering to any of its critical surfaces.
2 Clause 1 does not apply to the take-off of an aircraft if:
(a) the aircraft has no frost, ice or snow adhering to any of its critical surfaces other than frost adhering to the underside of its wings; and
(b) the frost is caused by cold-soaked fuel; and
(c) the take-off is conducted in accordance with the aircraft flight manual, the flight crew operating manual or the dispatch deviation guide instructions that relate to take-off under the conditions mentioned in paragraphs 2 (a) and (b).
3 At the time of commencing the take-off, the aircraft may have a thin layer of hoarfrost on its upper fuselage which does not exceed the limitations specified by the aircraft manufacturer.
