CASA EX48/13 - Exemption - for round Australia flight by David Brian Jacka

Link to law: https://www.comlaw.gov.au/Details/F2013L00673

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Instrument number CASA EX48/13
I, jonATHAN ALECK, Associate Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed Jonathan Aleck]
Jonathan Aleck
Associate Director of Aviation Safety
19 April 2013
Exemption — for round Australia flight by David Brian Jacka
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of April 2014 as if it had been repealed by another instrument.
2          Application
        (1)     This instrument applies to the Jabiru J230 aeroplane, registration 24-5558 (the aeroplane) of which David Brian Jacka, Aviation Reference Number (ARN) 766858, is the operator and pilot and which is registered with Recreational Aviation Australia Incorporated (the RAA), Aviation Reference Number 224806.
        (2)     This instrument only applies in relation to:
(a)   the round Australia flight to be undertaken by David Jacka as pilot of the aeroplane; and
(b)   training that David Jacka undertakes for the flight, being training in accordance with clause 5 of Schedule 1.
3          Exemption
                 For this exemption, the operator of the aeroplane is exempt from complying with the following provisions of the Civil Aviation Regulations 1988:
(a)   regulations 36A and 37;
(b)   Parts 4A, 4B, 4C, 4D and 5;
(c)   subregulations 83 (1), (2) and (3) in respect of VHF equipment;
(d)   regulations 133 and 139;
(e)   regulations 207 and 208;
(f)    regulation 230;
(g)   subregulation 242 (2);
(h)   regulation 252;
(i)    regulation 258.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The aeroplane must be registered with the RAA.
        2     The pilot must comply with the conditions, other than subparagraphs 7.3 (d) and (e), to which the aircraft is subject under Civil Aviation Order 95.55.
          3     The aeroplane must be fitted with a transponder and a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service.
        4     The aeroplane must be equipped with all the hand controls specific to the pilot’s quadriplegia, and approved by the aircraft manufacturer, that enable him to fly the aircraft independently in spite of his disability.
        5     For the flight, the pilot must have satisfactorily undergone training in relation to radio procedures, airspace procedures and navigation, as required for day V.F.R. operations in controlled airspace:
(a)   with an instructor holding a current grade 1 flight instructor (aeroplane) rating and an RAA instructor rating; and
(b)   in accordance with the CASA Day V.F.R. syllabus.
      6     The pilot must have been found competent by the instructor referred to in clause 5 to pilot an aircraft in each of the classes of airspace to which access is sought for the purposes of the flight.
        7     The instructor must make an entry in the pilot’s log book that he has satisfactorily undergone training in accordance with clause 5 and has been found competent.
        8     The pilot must have provided CASA with a risk acceptance statement signed by him that acknowledges and accepts the potential risk of not being able to effectively evacuate the aeroplane independently in an emergency.
        9     The pilot must hold a valid RAA pilot certificate and a valid RAA radio operator’s certificate.