Instrument number CASA EX14/12
I, terence lindsay farquharson, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed T. Farquharson]
Terry Farquharson
Acting Director of Aviation Safety
21 February 2012
Exemption — navigation and anti-collision lights
1          Duration
                 This instrument:
(a)   commences on 1 March 2012; and
(b)   stops having effect at the end of February 2015.
2          Application
                 This instrument applies to Aerorescue Pty Limited, Aviation Reference Number 599914 (the operator), and any pilot in command of a Dornier D328 turboprop aircraft (the aircraft) operated by the operator, when operating on behalf of any of the organisations mentioned in Schedule 1 for the purposes of border protection or surveillance (the operation).
3          Definition
                 In this instrument:
target aircraft means an aircraft that is being monitored for the purposes of the operation.
4          Exemption
                 The operator and any pilot in command of the aircraft, when operating on behalf of the organisations mentioned in Schedule 1 and for the purposes of the operation, are exempt from complying with the requirements of:
(a)   paragraph 3 of Appendix V of Civil Aviation Order 20.18; and
(b)   subregulations 195 (1) and 196 (3) of the Civil Aviation Regulations 1988 relating to the display of navigation and anti-collision lights.
5          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 2.
Schedule 1          Organisations
              Australian Federal Police
              Police Force of an Australian State or Territory
              Australian Defence Force
              Australian Maritime Safety Authority
              Australian Customs and Border Protection Service.
Schedule 2          Conditions
1        The operator and pilot in command must ensure that the ELTA Radar System is operative.
2        The operator and pilot in command must ensure that the mission management system is serviceable.
3        If in controlled airspace, the pilot in command of the aircraft must not operate the aircraft with the lights off unless he or she has notified Air Traffic Control (ATC) of this using a prefix to his or her call sign or by another method that has been agreed upon between the pilot in command of the aircraft and ATC.
4  (1)  If outside a control area, the pilot in command of the aircraft must not operate the aircraft with the lights off unless he or she is satisfied that there is no other aircraft within 10 nautical miles.
    (2)  In the case of a target aircraft, the distance may be reduced to 3 nautical miles.