CASA EX142/12 - Exemption - powered weight shift controlled aircraft

Link to law: https://www.comlaw.gov.au/Details/F2012L01854

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Instrument number CASA EX142/12
I, TERENCE LINDSAY FARQUHARSON, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed T. Farquharson]
Terry Farquharson
Deputy Director of Aviation Safety
06 September 2012
Exemption — powered weight shift controlled aircraft
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of August 2015.
2          Application
                 This instrument applies to a powered hang-glider or a powered paraglider, as defined in Civil Aviation Order 95.8 (CAO 95.8), or a powered weight shift controlled aeroplane, as defined in Civil Aviation Order 95.32 (CAO 95.32), that is operated by the holder of a current Air Operator’s Certificate (AOC) that authorises flights for aerial work purposes and is performing 1 or more of the following operations:
(a)   aerial advertising, including towing of flags and banners;
(b)   aerial photography (photography from an aircraft and photography of an aircraft);
(c)   aerial surveying;
(d)   aerial spotting.
3          Exemption
                 The aircraft is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 (CAR 1988):
(a)   Parts 4, 4A, 4B, 4C, 4D, 5 and 7;
(b)   regulations 133, 139, 141, 149, 150, 151, 155 and 157;
(c)   paragraph 166A (2) (f);
(d)   regulation 174C (powered paragliders, powered hang-gliders and powered parachutes only);
(e)   regulations 207, 208 and 230;
(f)    regulation 252.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     In this Schedule:
HGFA pilot certificate means:
(a)   an advanced pilot certificate with a motorised endorsement; or
(b)   a weight shift microlight pilot certificate issued by the Hang Gliding Federation of Australia (HGFA).
RAA pilot certificate means a pilot certificate or pilot instructor certificate issued by Recreational Aviation Australia Incorporated, Aviation Reference Number 224806 (RAA), that includes a Group B (weight shift control) or Group D (powered parachute) endorsement as applicable to the aircraft type.
        2     A powered hang-glider or a powered paraglider to which this exemption applies may only be flown by a person who currently holds an advanced pilot certificate with a motorised endorsement.
        3     A powered parachute to which this exemption applies may only be flown by the holder of an RAA pilot instructor certificate who has accrued at least 100 hours in command of a powered parachute.
        4     A powered weight shift controlled aeroplane to which this exemption applies may only be flown by the holder of an RAA pilot certificate or an HGFA pilot certificate who has accrued at least 100 hours in command of a powered weight shift controlled aeroplane.
        5     An aircraft to which this exemption applies must be equipped with a serviceable altimeter that is easily visible to the pilot.
        6     An aircraft to which this exemption applies may be operated in controlled airspace only if the pilot in command:
(a)   obtains Air Traffic Control (ATC) clearance; and
(b)   operates the aircraft in accordance with that clearance and any instructions given by ATC.
        7     An aircraft to which this exemption applies must only be flown if the pilot is able, in the prevailing weather and visibility, to glide safely to, and land at, an area clear of persons, buildings, vehicles and other obstacles.
        8     An aircraft to which this exemption applies must only be flown in V.M.C.
        9     A powered weight shift controlled aeroplane may only be flown by day.
      10     All flights conducted under this exemption must be conducted in accordance with the operations manual of the holder of the AOC.
      11     Subject to the exemptions in section 3, an aircraft to which this exemption applies must be flown in accordance with the general conditions and flight conditions in CAO 95.8 or CAO 95.32 applicable to the aircraft.