CASA EX16/10 – Exemption – flight data recording

Link to law: https://www.comlaw.gov.au/Details/F2010L00808

Instrument number CASA EX16/10
I, GREGORY JAMES HOOD, Executive Manager, CASA Operations Division, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed Greg Hood]
Greg Hood
Executive Manager
CASA Operations Division
12 April 2010
Exemption — flight data recording
1          Duration
            This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of 30 September 2010.
2          Application
            This instrument applies to each of the aircraft mentioned in Schedule 1 (the aircraft) and operated by Virgin Blue Airlines Pty Limited, Aviation Reference Number 567591 (the operator) under AOC BN567591-109 and used in regular public transport operations.
3          Exemption
            The aircraft is exempt from compliance with subregulations 207 (2) and 21A (1) of CAR 1988 only to the extent mentioned in Schedule 2.
4          Conditions
            The exemption is subject to the conditions mentioned in Schedule 3 which are necessary in the interests of safety.
Schedule 1          Details of aircraft
             Embraer ERJ 190 aircraft configured with Embraer production model 109-23-0218/2006 dual high frequency system installation.
             Embraer ERJ 170 aircraft when modified in accordance with SB 170-23-0016.
             Embraer ERJ 190 aircraft when modified in accordance with SB 190-23-0009.
Schedule 2          Extent of exemption
      1     The exemption extends only to the directions:
(a)    under subregulation 207 (2) of CAR 1988 that is contained in paragraph 6.2 of Civil Aviation Order 20.18; and
(b)    under subregulation 21A (1) of CAR 1988 that is contained in Appendix 1 of Civil Aviation Order 103.19 in relation to the parameter 6- press to transmit from each transceiver
      2     The exemption also extends only to the requirement for HF system number 2.
Schedule 3          Conditions
      1       The operator must ensure that an aircraft with the number 1 system unserviceable is not despatched from a port where there are appropriate persons available to undertake repairs.
      2       The operator must amend the MEL for the aircraft.
      3       The operator must ensure that if the number 1 system is unserviceable, the aircraft is allowed is to continue a flight, or series of flights, to return to a port where there are qualified persons to undertake repairs. The flight or series of flights must be completed on the same day.
 
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