CASA EX13/14 - Exemption — take-off with traces of frost

Link to law: https://www.comlaw.gov.au/Details/F2014L00247

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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(b)   expires at the end of 30 June 2016, as if it had been repealed by another instrument.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                 Instrument CASA EX70/13 is repealed.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.