Instrument number CASA EX04/10
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 2010
Exemption — navigation and anti-collision lights
1           Duration
                This instrument:
(a)     commences on the day after it is registered; and
(b)     stops having effect at the end of February 2012.
2           Application
                This instrument applies to Aerorescue Pty Limited, Aviation Reference Number 599914 (the operator) and any pilot in command of the Dornier D328 turboprop aircraft (the aircraft) operated by the operator, when operating on behalf of any of the organisations mentioned in Schedule 1, for the purposes of border protection or surveillance.
3           Exemption
                The operator and any pilot in command of the aircraft, when operating on behalf of the organisations mentioned in Schedule 1 and for the purposes of border protection or surveillance, are exempt from complying with the requirements of:
(a)     subregulation 207 (2) of CAR 1988, only to the extent mentioned in Schedule 2; and
(b)     subregulations 195 (1) and 196 (3) of CAR 1988 relating to the display of navigation and anti-collision lights.
4           Conditions
                The exemption is subject to the conditions mentioned in Schedule 3.
Schedule 1             Organisations
                Australian Federal Police
                Police Force of an Australian State or Territory
                Australian Armed Forces
                Australian Maritime Safety Authority
              Customs.
 
Schedule 2             Extent of exemption
                The exemption extends only to the directions under subregulation 207 (2) that are contained in paragraph 3 of Appendix V of Civil Aviation Order 20.18.
Schedule 3             Condition
        1      The operator and pilot in command must ensure that the ELTA Radar System is operative.
        2      The operator and pilot in command must ensure that the mission management system is serviceable.
        3      If in controlled airspace, the pilot in command of the aircraft must not operate the aircraft with the lights off unless he or she has notified Air Traffic Control (ATC) of this using a prefix to his or her call sign or by another method that has been agreed upon between the pilot in command of the aircraft and ATC.
        4      If outside a control area, the pilot in command of the aircraft must not operate the aircraft with the lights off unless he or she is satisfied that there is no other aircraft within 10 nautical miles.