Instrument number CASA EX111/13
I, terence LINDSAY farquharson, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed T. Farquharson]
Terry Farquharson
Deputy Director of Aviation Safety
31 October 2013
Exemption — Sydney Jabiru Flying School solo flight training at Bankstown aerodrome
1 Duration
This instrument:
(a) commences on the day of registration; and
(b) stops having effect at the end of 30 September 2016, as if it had been repealed by another instrument.
2 Application
This instrument applies to each solo flight:
(a) using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated (RAA), Aviation Reference Number (ARN) 224806, at Bankstown aerodrome (International Civil Aviation Organization code: YSBK); and
(b) by:
(i) a student under the control of Sydney Jabiru Flying School Pty Ltd, ARN 802259 (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).
3 Exemption
The operator is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 (CAR 1988) when conducting solo flight operations:
(a) Parts 4, 4A, 4B, 4C, 4D and 5;
(b) regulation 37;
(c) regulations 133, 139, 157, 207, 208 and 230;
(d) subregulation 242 (2);
(e) regulations 252, 252A and 258.
4 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:
(i) the design of the modification has been approved by the manufacturer or has been approved under Subpart 21.M of CASR 1998; or
(ii) in the case of an aircraft to which regulation 21.186 applies, has been approved by the manufacturer only; and
(f) may only be flown in daylight hours:
(i) in V.M.C.; or
(ii) under special V.F.R. as proposed by ATC; and
(g) 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
(h) must not be flown in acrobatic flight; and
(i) 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 (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
(j) 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 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 or an RAA radio operator endorsement.
3 The person conducting the flight training must hold a valid RAA flight instructor rating issued by the RAA and at least a valid private pilot (aeroplane) licence endorsed to allow the holder to fly inside the controlled airspace.
4 Each pilot in command must hold at least a class 2 medical certificate.
5 As soon as possible after an incident or accident, the operator’s CFI must report it to:
(a) the Australian Transport Safety Bureau; and
(b) the Section Head, Self-Administering Sports 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 first solo flights are authorised in writing by the operator’s CFI who holds:
(i) a valid senior RAA flight instructor rating; and
(ii) a valid private pilot (aeroplane) 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.
