CASA EX91/12 - Exemption - solo flight training at Coffs Harbour Aerodrome using ultralight aeroplanes and weight shift controlled aeroplanes registered with the RAA

Link to law: https://www.comlaw.gov.au/Details/F2012L01493

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Instrument number CASA EX91/12
I, JONATHAN ALECK, Associate 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 Jonathan Aleck]
Jonathan Aleck
Associate Director of Aviation Safety
27 June 2012
Exemption — solo flight training at Coffs Harbour Aerodrome using ultralight aeroplanes and weight shift controlled aeroplanes registered with the RAA
1          Duration
            This instrument:
(a)   comes into effect on the day after registration; and
(b)   stops having effect at the end of May 2015.
2          Application
            This instrument applies to each solo flight:
(a)   using an ultralight aeroplane, or a weight shift controlled aeroplane, registered with Recreational Aviation Australia Inc, Aviation Reference Number (ARN) 224806 (the RAA), at Coffs Harbour Aerodrome (YCFS) (the operation); and
(b)   by:
             (i)  a student under the control of Mark White, trading as Midcoast Microlights, ARN 526126 (the operator); or
            (ii)  a pilot under the control of the operator and carrying out training sequences authorised by the operator.
3          Definitions
            In this instrument:
suitable landing area means an area in which an aeroplane, to which this exemption applies, can be landed without endangering the safety, or damaging the property, of persons unconnected with the operation.
weight shift controlled aeroplane has the same meaning as in Civil Aviation Order (CAO) 95.32.
4          Exemption
            The operator is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 (CAR 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, 252A and 258.
5          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 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
            (ii)  is otherwise taken to have been approved under CASR 1998; and
(f)    must not be flown over a body of water at a horizontal distance from a suitable landing area that is more than the distance (not greater than 25 nautical miles) that the aeroplane can glide in the case of engine failure; and
(g)   may only be flown in daylight hours:
             (i)  in V.M.C.; or
            (ii)  under special V.F.R. as proposed by ATC; and
(h)   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
(i)    must not be flown in acrobatic flight; and
(j)    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 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
(k)   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 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 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 by an instructor 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.