Instrument number CASA EX20/10
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
13 April 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 31 March 2012.
2          Application
            This instrument applies to U C Aviation Pty Ltd, Aviation Reference Number 779922 (the operator), and any pilot in command of an aircraft operated by the operator (the operator’s aircraft) when the operator’s aircraft is being operated on behalf of the Australian Federal Police or a State or Territory Police Force for the purposes of surveillance or police operations.
3          Exemption
            The operator and any pilot in command of the aircraft, when operating for the purposes of surveillance, are exempt from complying with the requirements of:
(a)   subregulation 207 (2) of CAR 1988 only to the extent mentioned in Schedule 1; 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 2.
Schedule 1          Extent of exemption
            The exemption extends only to the directions under subregulation 207 (2) of CAR 1988 that are contained in paragraph 3 of Appendix V of Civil Aviation Order 20.18.
Schedule 2          Conditions
      1     The operator and pilot in command of the aircraft must ensure that the aircraft is operated under the Instrument Flight Rules.
      2     The operator and pilot in command must advise Air Traffic Control (ATC) when the operator’s aircraft is operating without external lights.
      3     If the operator’s aircraft has been operating without external lights displayed, the operator or pilot in command must advise ATC when the aircraft is returned to normal operation with external lights displayed.
      4     The pilot in command of the aircraft must maintain a listening watch on the appropriate ATC frequency.
      5     The pilot in command must display external lights on the aircraft if:
(a)   the pilot of another aircraft asks for the external lights to be displayed for the purpose of identifying the operator’s aircraft as traffic; or
(b)   he or she is aware of proximate traffic and there is a potential risk of a collision.
      6     The operator’s operations manual (the manual) must contain procedures in Part D of the manual for operations without external lights displayed. The manual must also include guidance on the circumstances when an aircraft may operate without external lights displayed.