Instrument number CASA EX113/09
I, GREGORY JAMES HOOD, Executive Manager, CASA Operations Division, a delegate of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed Greg Hood]
Greg Hood
Executive Manager
CASA Operations Division
17 December 2009
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 December 2011.
2           Application
                This instrument applies to Airvan Flight Services Pty Ltd, Aviation Reference Number 766345 (the operator) and any pilot in command of an aircraft operated by the operator (the operator’s aircraft) who is operating 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 Civil Aviation Regulations 1988 (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           Condition
                The exemption is subject to the condition mentioned in Schedule 2.
Schedule 1             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 2             Condition
        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 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 light displayed.