CASA EX86/12 - Exemption - solo flight training using ultralight aeroplanes registered with the RAA at Sunshine Coast Airport

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Instrument number CASA EX86/12
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
7 June 2012
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Sunshine Coast Airport
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of 31 May 2015.
2          Application
                 This instrument applies to each solo training flight:
(a)   using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, Aviation Reference Number (ARN) 224806 (the RAA), at Sunshine Coast Airport (YBMC) (the operation); and
(b)   by:
             (i)  a student pilot under the control of Sunshine Coast Aero Club Limited, ARN 225418 (the operator); or
            (ii)  any other pilot under the control of the operator for the operation.
3          Exemption
                 The operator is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 when conducting the operation:
(a)   regulations 36A and 37;
(b)   Parts 4A, 4B, 4C, 4D and 5;
(c)   regulations 133, 139, 155, 157, 207, 208 and 230;
(d)   subregulation 242 (2);
(e)   regulations 252 and 252A.
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 standard 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 the design of the modification:
             (i)  is approved by CASA or a person authorised to give that approval under Subpart 21.M of CASR 1998, or is otherwise taken to have been approved under CASR 1998; and
            (ii)  if the aircraft is a light sport aircraft under regulation 21.186 of CASR 1998 — is approved by the manufacturer; and
(f)    may be flown at least 5 000 feet above mean sea level only over an area of land or water on which, during the flight, the aeroplane would be able to land with a reasonable expectation of avoiding injury to persons on board the aeroplane; and
Note   When flying at or above 5 000 feet, pilots are expected to make radio broadcasts as set out in the AIP.
(g)   must not be flown above the sea at a horizontal distance from land of more than:
             (i)  if all persons on the aeroplane are wearing life jackets and the aeroplane is fitted with floatation equipment that is capable of ensuring that the aeroplane will remain afloat if it is forced to land on water — 20 km; or
            (ii)  in any other case — the lesser of the distance that the aeroplane can glide if an engine fails and 20 km; and
(h)   may only be flown in daylight hours:
             (i)  in V.M.C; or
            (ii)  under special V.F.R. as proposed by ATC; and
(i)    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
(j)    must not be flown in acrobatic flight; and
(k)   may be flown inside controlled airspace only if:
             (i)  the aeroplane is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order 101.55 (CAO 101.55) applies, or that CASA has approved as being suitable for use in the aircraft, and is not subject to any conditions; and
            (ii)  the pilot plans to land at, or take off from, an aerodrome at which it is required to be fitted with a transponder — the aeroplane is fitted with a transponder suitable for use at the aerodrome; and
           (iii)  the transponder that is fitted to the aeroplane is maintained in accordance with CASA AD/RAD/47 current at the time of this instrument; and
(l)    may not be flown inside controlled airspace except in accordance with paragraph (m); and
(m)  may be flown for training purposes in Class D airspace in the Maroochydore area if the flight is authorised in writing by the Chief Flying Instructor (CFI).
        2     For paragraph 1 (d), the VHF radio 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)   a valid flight instructor rating issued by the RAA; and
(b)   at least a private pilot licence issued by CASA and endorsed with the appropriate airspace qualifications.
        4     Each student must hold at least a class 2 medical certificate.
        5     As soon as possible after an incident or accident, the operator must report it to:
(a)   the Australian Transport Safety Bureau; and
(b)   the Self-Administering Sports Aviation Organisations Section, CASA; and
(c)   the RAA.
        6     The operator:
(a)   must ensure that the instructor enters the airspace certification in each student’s log book; and
(b)   may use the RAA syllabus for instructing students; and
(c)   must ensure that first solo flights are authorised by an instructor holding:
             (i)  a senior RAA flight instructor rating; and
            (ii)  a CASA private pilot (aeroplane) licence endorsed for the category of airspace; and
(d)   must use the CASA Day (VFR) Syllabus – Aeroplanes for controlled airspace elements.
        7     The operator must appoint a CFI to oversee operations and approve student pilots registered with the RAA to fly solo in controlled airspace.
        8     The appointment of the CFI must be approved in writing by the RAA.
        9     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.