CASA 03/17 Direction and permission operations for the Bright Paragliding Open and Pre PWC, 2017 (Cth)

Instrument number CASA 03/17

I, SHANE PATRICK CARMODY, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 174A (3) of the Civil Aviation Regulations 1988 (CAR 1988) and subregulation 11.245 (1) of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Acting Director of Aviation Safety

10 January 2017

Direction and permission — operations for the Bright Paragliding Open and Pre PWC, 2017

1          Duration

                 This instrument:

(a)   commences on 13 January 2017; and

(b)   is repealed at the end of 21 January 2017.

2          Definitions

Note   A number of expressions used in this instrument are defined in the Civil Aviation Act 1988 and regulations under the Act, including the following: danger area, glider, NOTAM, V.F.R.

                 In this instrument:

event means the Bright Paragliding Open and Pre PWC, conducted at Bright, Victoria.

event vicinity means the area within a 50 nautical miles radius of Bright, Victoria.

HGFA means The Hang Gliding Federation of Australia Incorporated, ARN 217853.

Safety Director means the person appointed by HGFA to manage the safety of the event.

3          Application

                 This instrument applies if a person operates a paraglider for the purpose of the event within class E airspace in the event vicinity.

4          Direction

                 The HGFA is directed to comply with the requirements mentioned in Schedule 1.

5          Permission

        (1)     If the pilot in command of a paraglider conducts an operation under the V.F.R. for the purpose of the event, the pilot in command is permitted to conduct the operation within class E airspace in the event vicinity without the paraglider being equipped with a VHF communications system.

Note Regulation 174A (1A) of CAR 1988 and section GEN 1.5 of the AIP otherwise require a glider (including a paraglider) to be equipped with a VHF communications system when operating in class E airspace under the V.F.R.

        (2)     The permission in subsection (1) is subject to complying with the conditions mentioned in Schedule 2.

Schedule 1          Requirements for direction

        1     For each day on which this instrument applies, the HGFA must ensure:

(a)   that an effective ground communications station is established at the launch point and is relocated to the planned finishing point during the event activities on the day; and

(b)   that pilots of aircraft not participating in the event that operate in the event vicinity are provided the following information about the event: location of the launch site and activities, duration of activities, and operating direction of paragliders in the event; and

(c)   the Safety Director, or another person authorised to broadcast on the ground communications system who is supervised by the Safety Director, maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of the event; and

(d)   the Safety Director, or another competent person, operates the appropriate UHF frequencies whenever flights are taking place for the purpose of providing traffic, weather and other pertinent information to event participants; and

(e)   if flight higher than 8 500 feet above mean sea level is possible during the event operations on the day, that a danger area is active for the event that covers the event operations on that day.

        2     For clause 1, the ground communications station must:

(a)   be active:

             (i)  on relevant UHF frequencies, VHF common traffic advisory frequencies, and VHF area frequencies; and

            (ii)  commencing 30 minutes before event flights begin and continuing for the duration of event flights; and

(b)   be supported by available back up VHF and UHF radios and batteries.

        3     Before the first flight on each day on which this instrument applies, HGFA must ensure that the Safety Director provides a daily briefing to event participants that addresses the following:

(a)   confirmation of ground communications station set-up and the frequencies in use; and

(b)   review and explanation of the NOTAM published for that day, and any danger area established for that day, in relation to the event; and

(c)   review and explanation of the event vicinity boundaries and the requirement to operate within the boundaries; and

(d) review and explanation of the conditions under which this instrument has been issued, including that it does not include any exemption against regulation 166E of CAR 1988; and

(e)   any other matters that HGFA considers appropriate to promote the safety of the event.

        4     For each day on which this instrument applies, the HGFA must ensure that the Safety Director:

(a)   records the name of each event participant that attends the daily briefing mentioned in clause 3, and retains the record until the end of 30 April 2017; and

(b)   gives CASA sufficient information to prepare a NOTAM about the event operations that manages risk of conflict between paragliders in the event and other aircraft.

        5     The HGFA must ensure that the Safety Director provides each event participant with a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other air traffic.

Schedule 2          Conditions on permission

        1     The paraglider must be equipped with a serviceable UHF radio.

        2     If, while operating in class E airspace, the pilot in command becomes aware that the UHF radio of the paraglider is unserviceable the pilot in command must exit class E airspace as soon as practicable.

        3     The pilot in command may only conduct the operation if satisfied:

(a)   that a ground communications station has been established in accordance with Schedule 1 of this instrument, and is operating satisfactorily; and

(b)   that a NOTAM has been published for the day of the flight that provides information about the event to aircraft operating in the event vicinity; and

(c)   if flight higher than 8 500 feet above mean sea level is possible during the flight, that the danger area mentioned in paragraph 1 (e) of Schedule 1 is active.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 3 of Schedule 1; and

(b)   operate in accordance with the HGFA Operations Manual as it exists from time to time; and

(c)   hold at least a valid HGFA pilot certificate.

        5     The pilot in command may rely on the daily briefing mentioned in paragraph 4 (a) to reach the satisfaction mentioned in clause 3.

        6     Conduct of the operation higher than 8 500 feet above mean sea level must be carried out within the danger area mentioned in paragraph 1 (e) of Schedule 1.