CASA EX28/13 - Exemption - use of radiocommunication systems in firefighting operations (New South Wales Rural Fire Service)

Link to law: https://www.comlaw.gov.au/Details/F2013L00560

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Instrument number CASA EX28/13
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
21 March 2013
Exemption — use of radiocommunication systems in firefighting operations (New South Wales Rural Fire Service)
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of February 2016 as if it had been repealed by another instrument.
2          Application
                 This instrument applies to:
(a)   the pilot in command of an Australian aircraft in which a radiocommunication system approved under subregulation 82 (1) of the Civil Aviation Regulations 1988 (CAR 1988) is installed (the pilot); and
(b)   members and staff of the New South Wales Rural Fire Service (NSW RFS); and
(c)   aviation radio operators who are members or staff of the NSW RFS (the operators).
3          Exemptions
        (1)     The pilot is exempt from compliance with paragraphs 83 (1) (c) and (e) of CAR 1988 when engaged in firefighting operations involving the NSW RFS.
        (2)     Members and staff of the NSW RFS are exempt from compliance with paragraph 83 (2) (b) of CAR 1988.
        (3)     The operators are exempt from compliance with subregulation 83 (3) of CAR 1988 in the course of their duties when operating a radiocommunication system.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
              Members or staff of the NSW RFS who, in the course of their duties, operate a radiocommunication system to which this exemption applies must:
(a)   have completed the NSW RFS training course for use of aviation radiocommunication systems; and
(b)   have been assessed as competent by the person holding, or acting in, the position of the Executive Director, Operations, of the NSW RFS, or his or her delegate; and
(c)   only use the aviation bandwidth VHF AM frequencies allocated to the NSW RFS by Airservices Australia and the Australian Communications and Media Authority for use during firefighting activities; and
(d)   only use the allocated aviation bandwidth VHF AM frequencies for tactical aircraft-to-aircraft and air-to-ground communications during fire suppression and prevention operations or training for such operations.