Instrument number CASA EX23/11
I, john francis mccormick, director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
18 February 2011
Exemption — operations by sport and recreational aircraft in restricted area R979A
1 Duration
This instrument:
(a) commences on 24 February 2011; and
(b) stops having effect at the end of 8 March 2011.
2 Application
(1) This instrument applies to an aircraft:
(a) which is a Civil Aviation Order (CAO) 95.8 aircraft, a CAO 95.10 aircraft, a CAO 95.32 aircraft or a CAO 95.55 aircraft; and
(b) which is registered with Recreational Aviation Australia Incorporated (RAA), Aviation Reference Number 224806, or The Hang Gliding Federation of Australia Incorporated (HGFA).
(2) This instrument only applies to operations in restricted area R979A, including Avalon aerodrome (YMAV) and Avalon East aerodrome (YAVE).
3 Exemption
For this exemption, the operator of such an aircraft is exempt from complying with the following provisions of CAR 1988:
(a) Part 4 in the case of a CAO 95.8 aircraft, a CAO 95.10 aircraft or a CAO 95.32 aircraft;
(b) regulations 36A and 37 in the case of a CAO 95.55 aircraft;
(c) Parts 4A, 4B, 4C, 4D and 5;
(d) Part 7 in the case of a CAO 95.8 aircraft or CAO 95.32 aircraft;
(e) subregulations 83 (1), (2) and (3) in respect of VHF equipment;
(f) Part 11 (other than regulations 140, 143, 144, 149, 150, 151, 152, 153 and 156) in the case of a CAO 95.8 aircraft;
(g) regulations 133, 139, 155 and 157 except in the case of a CAO 95.8 aircraft, a CAO 95.10 aircraft or a CAO 95.55 aircraft;
(h) Division 4 of Part 13 in the case of a CAO 95.10 aircraft or CAO 95.32 aircraft;
(i) regulations 207 and 208 in the case of a CAO 95.8 aircraft;
(j) regulation 210 as far as advertising of flying operations to qualify for a standard specified in the RAA Operations Manual is concerned, except in the case of a CAO 95.10 aircraft;
(k) regulation 230;
(l) subregulation 242 (2) except in the case of a CAO 95.8 aircraft;
(m) regulation 252;
(n) regulation 252A except in the case of a CAO 95.10 aircraft;
(o) regulation 322 in the case of a CAO 95.8 aircraft or CAO 95.10 aircraft.
4 Interpretation
In the instrument:
CAO 95.8 aircraft means an aircraft to which CAO 95.8 applies.
CAO 95.10 aircraft means an aircraft to which CAO 95.10 applies.
CAO 95.32 aircraft means an aircraft to which CAO 95.32 applies.
CAO 95.55 aircraft means an aircraft to which CAO 95.55 applies.
5 Conditions
The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1 Conditions
1 The aircraft must comply with the conditions in CAO 95.8, CAO 95.10, CAO 95.32 or CAO 95.55, whichever is applicable, other than sub‑subparagraph 4.7 (e) (iii) in CAO 95.8 and subparagraph 5.1 (e) in CAO 95.10, CAO 95.32 and CAO 95.55.
Note Sub-subparagraph 4.7 (e) (iii) imposes certain restrictions on flight in Class C or Class D airspace. Subparagraph 5.1 (e) prohibits flying inside an active prohibited or restricted area.
2 The aircraft must be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must verify the serviceability of that radio immediately before take-off.
3 The pilot in command must hold at least a valid RAA pilot certificate or HGFA pilot certificate, with radio operator endorsement.
4 The pilot in command must comply with the procedures published in AIP-SUPP H01/11 applicable to flights in restricted area R979A.
5 Before landing at YMAV, the pilot in command must have written authorisation from Aviation Development Australia Limited, the organisers of the Australian International Air Show 2011.
