CASA EX35/13 - Exemption - operating in vicinity of non-controlled aerodrome, VHF radio broadcasts and maintaining a listening watch

Link to law: https://www.comlaw.gov.au/Details/F2013L00572

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Instrument number CASA EX35/13
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
26 March 2013
Exemption — operating in vicinity of non-controlled aerodrome, VHF radio broadcasts and maintaining a listening watch
1          Duration
                 This instrument:
(a)   commences on 1 April 2013; and
(b)   stops having effect at the end of March 2016 as if it had been repealed by another instrument.
2          Application
                 This instrument applies to the Australian Aerobatic Club Ltd, ACN 001 052 688, and its affiliated chapters (the Club) when organising aerobatic competitions or training within the vicinity of a non-controlled aerodrome.
3          Exemption
                 The pilot in command of an aircraft participating in a competition organised by the Club (the competition) is exempt from compliance with regulation 166C and subregulation 243 (1) of the Civil Aviation Regulations 1988.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The Club, acting through its Competition Coordinator or a person approved by CASA (an approved person), must ensure that a ground communications station (the station) is established at the non-controlled aerodrome.
        2     The Club, acting through its Competition Coordinator or an approved person, must ensure that the station:
(a)   operates daily during the competition period in order to advise other aircraft that are operating in the vicinity of the aerodrome of the activities, location and direction of the participants in the competition; and
(b)   has a radio operator to operate any radio communications; and
(c)   is active on the VHF frequency nominated by the Club and the common traffic advisory frequency (CTAF); and
(d)   commences operations at least 10 minutes before competition activities begin and continues throughout the duration of the competition activities.
        3     The Club, acting through its Competition Coordinator or an approved person, must ensure that only aircraft carrying serviceable VHF radio transceivers are allowed to participate in the competition and in the competition display.
        4     The Club, acting through its Competition Coordinator or an approved person, must ensure that competition stops 10 minutes before the arrival of any aircraft engaged in a regular public transport operation (RPT operation).
        5     The Club, acting through its Competition Coordinator or an approved person, must ensure that activities relating to the competition are not started or resumed until a period of 10 minutes has elapsed after the departure of any RPT operation or until the RPT aircraft is outside 10 nautical miles of the aerodrome reference point of any non-controlled aerodrome.
        6     The Club, acting through its Competition Coordinator or an approved person, must ensure that radio operations for the competition cease before the arrival of any RPT operation and must not resume until a period of 10 minutes has elapsed after the departure of any RPT operation or until the RPT aircraft is outside 10 nautical miles of the aerodrome reference point of any non‑controlled aerodrome. Radio operation must be returned to CTAF while radio operations for the competition have ceased.
        7     The Club, acting through its Competition Coordinator or an approved person, must ensure that the pilot in command of any aircraft taking part in the competition:
(a)   makes all the required broadcasts; and
(b)   monitors CTAF frequency at times other than when flying in the performance zone; and
(c)   returns to CTAF frequency if advised by the radio operator at the station.
        8     The Club, acting through its Competition Coordinator or an approved person, must ensure that participants in the competition are briefed daily:
(a)   on the performance zone area of activity; and
(b)   on times a frequency change is permitted to a frequency other than the aerodrome CTAF frequency; and
(c)   on information on procedures to comply with this instrument; and
(d)   on any requirements for operating in the area; and
(e)   on procedures if a radio communication fails.
        9     The Club, acting through its Competition Coordinator or an approved person, must arrange with CASA for publication of daily NOTAMS setting out the boundaries of the areas of activity and the applicable procedures.
      10     The pilot in command must comply with the procedures published in NOTAMS and any internal documentation or operating procedure published by the Club.
      11     Not later than 5 working days before the commencement of a competition, the Club must provide CASA with:
(a)   an intention to conduct operations; and
(b)   details of any operating procedures to be used including CTAF frequency; and
(c)   updates to the published daily NOTAMS.
      12     The Competition Coordinator must be appointed by the Club for all events.