CASA EX12/13 - Exemption - operations by sport and recreational aircraft in restricted area R979A

Link to law: https://www.comlaw.gov.au/Details/F2013L00193

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Instrument number CASA EX12/13
I, GERARD JOHN CAMPBELL, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed G.J. Campbell]
Gerard J. Campbell
Acting Executive Manager
Operations Division
13 February 2013
Exemption — operations by sport and recreational aircraft in restricted area R979A
1          Duration
                 This instrument:
(a)   commences on 21 February 2013; and
(b)   stops having effect at the end of 5 March 2013.
2          Definitions
                 In the instrument:
                 CAO 95.8 aircraft means an aircraft to which CAO 95.8 applies.
                 CAO 95.10 aircraft means an aircraft to which CAO 95.10 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.
3          Application
        (1)     This instrument applies to an aircraft:
(a)   which is a Civil Aviation Order (CAO) 95.8 aircraft, a CAO 95.10 aircraft, a CAO 95.32 aircraft or a CAO 95.55 aircraft; and
(b)   which is registered with Recreational Aviation Australia Incorporated (RAA), Aviation Reference Number 224806, or The Hang Gliding Federation of Australia Incorporated (HGFA).
        (2)     This instrument only applies to operations in restricted area R979A, including Avalon aerodrome (YMAV) and Avalon East aerodrome (YAVE).
4          Exemption
                 For this exemption, the operator of such an aircraft is exempt from complying with the following provisions of the Civil Aviation Regulations 1988:
(a)   Part 4 in the case of a CAO 95.8 aircraft, a CAO 95.10 aircraft or a CAO 95.32 aircraft;
(b)   regulations 36A and 37 in the case of a CAO 95.55 aircraft;
(c)   Parts 4A, 4B, 4C, 4D and 5;
(d)   Part 7 in the case of a CAO 95.8 aircraft or a CAO 95.32 aircraft;
(e)   subregulations 83 (1), (2) and (3) in respect of VHF equipment;
(f)    Part 11 (other than regulations 140, 143, 144, 149, 150, 151, 152, 153 and 156) in the case of a CAO 95.8 aircraft;
(g)   regulations 133, 139, 155 and 157 in the case of a CAO 95.32 aircraft;
(h)   Division 4 of Part 13 in the case of a CAO 95.10 aircraft or a CAO 95.32 aircraft;
(i)    regulations 207 and 208 in the case of a CAO 95.8 aircraft;
(j)    regulation 210 as far as advertising of flying operations to qualify for a standard specified in the RAA Operations Manual is concerned, except in the case of a CAO 95.10 aircraft;
(k)   regulation 230;
(l)    subregulation 242 (2) except in the case of a CAO 95.8 aircraft;
(m)  regulation 252;
(n)   regulation 322 in the case of a CAO 95.8 aircraft or a CAO 95.10 aircraft.
5          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The aircraft must comply with the conditions in CAO 95.8, CAO 95.10, CAO 95.32 or CAO 95.55, whichever is applicable, other than:
     (a)     sub‑subparagraphs 7.1 (i) (iii) and (iv) in CAO 95.8; and
     (b)     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
     (c)     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.
                   Note   The provisions of the CAOs mentioned in paragraphs (a), (b) and (c) 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 or HGFA pilot certificate, with radio operator endorsement.
        4     The pilot in command must comply with the procedures published in AIP‑SUP H01/13 applicable to flights in restricted area R979A.
        5     Before landing at YMAV, the pilot in command must have written authorisation from Aviation Development Australia Limited, the organisers of the Australian International Air Show 2013.
        6     The pilot in command must have a written approval of the Operations Manager of RAA or HGFA to operate in restricted area R979A.
        7     The approval mentioned in clause 6 must state that the Operations Manager of RAA or HGFA is satisfied that the pilot has demonstrated the necessary competencies to conduct the operation safely.