CASA EX164/14 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour Aerodrome

Link to law: https://www.comlaw.gov.au/Details/F2014L01621

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Instrument number CASA EX164/14
I, jonathan aleck, Acting 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) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed Jonathan Aleck]
Jonathan Aleck
Acting Director of Aviation Safety
27 November 2014
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour Aerodrome
1          Duration
            This instrument:
(a)    commences on the day of registration; and
(b)   expires at the end of October 2016, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA EX116/11 is repealed.
3          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.
4          Application
            This instrument applies to each solo flight:
(a)   using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, Aviation Reference Number 224806 (the RAA), at Coffs Harbour Aerodrome (YCFS) (the operation); and
(b)   by:
             (i)  a student under the control of Coffs Harbour and District Aero Club Limited (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).
5          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.
6          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:
             (i)  is approved by CASA or a person authorised to give that approval under Subpart 21.M of CASR 1998; or
            (ii)  is otherwise taken to have been approved under CASR 1998; and
(f)    may only be flown at a height of 5 000 feet above mean sea level, or higher, if it is equipped with serviceable radiotelephone equipment that pilot is qualified to use; and
        Note   When flying at or above 5 000 feet, pilots are expected to make radio broadcasts as set out in the AIP.
(g)   must not be flown over a body of water at a horizontal distance from a suitable landing area of more than:
             (i)  the distance (not greater than 25 nautical miles) that the aeroplane can glide in the case of engine failure; or
            (ii)  25 nautical miles — if each occupant is wearing a life jacket and the aircraft carries a serviceable radiocommunication system and an approved ELT, or an approved portable ELT, as defined in regulation 252A of CAR 1988, or a personal locator beacon that has been approved by CASA for use with such an aeroplane; and
(h)   may only be flown in daylight hours:
             (i)  in V.M.C; or
            (ii)  under special V.F.R. as proposed by ATC; and
(i)    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
(j)    must not be flown in acrobatic flight; and
(k)   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
(k)   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 at least a valid 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 Organisations 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.
        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.