CASA EX148/12 - Exemption - solo flight training at Rockhampton Aerodrome using ultralight aeroplanes registered with the RAA

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Instrument number CASA EX148/12
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
25 September 2012
Exemption — solo flight training at Rockhampton Aerodrome using ultralight 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 August 2014.
2          Application
            This instrument applies to each solo flight:
(a)   using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, Aviation Reference Number (ARN) 224806 (the RAA), at Rockhampton Aerodrome (the operation); and
(b)   by:
             (i)  a student under the control of Peace Aviation Pty Ltd, trading as Peace Australia, Pearce Aviation, ARN 760985 (the operator); or
            (ii)  a pilot under the control of the operator and carrying out training sequences authorised by the operator.
3          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.
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 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)    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 101.55 (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     The operator’s chief flying instructor must be a person approved by CASA.
        6     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.
        7     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.
        8     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.
        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.
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