CASA 32/22 — Use of Class A Airspace by Sailplanes Instrument 2022 (Cth)

Instrument number CASA 32/22

I, ANTHONY Alfred STANTON, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement Division, a delegate of CASA, make this instrument under regulations 11.056, 11.245 and 91.045 of the Civil Aviation Safety Regulations 1998.

[Signed A.A. Stanton]

Anthony A. Stanton
Branch Manager, Sport & Recreation Aviation
Stakeholder Engagement Division

14 July 2022

CASA 32/22 — Use of Class A Airspace by Sailplanes Instrument 2022

1          Name

                 This instrument is CASA 32/22 — Use of Class A Airspace by Sailplanes Instrument 2022.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the earlier of the following:

             (i)  the end of 31 May 2024;

            (ii)  the commencement of the Part 103 Manual of Standards.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: ATS provider, Part 91 Manual of Standards, Part 103 Manual of Standards, private operation, sailplaneand VFR flight.

                 In this instrument:

AAmeans Airservices Australia, ARN 202210, in its capacity as an ATS provider.

CFImeans the person appointed in writing by the relevant R/MO as the chief flying instructor of a GFA affiliate, or a person exercising delegated authority of the appointed person.

CFI directionsmeans written requirements for the flight of a sailplane issued by a CFI, as the CFI directions exist at the time of the flight.

duty instructor, for a sailplane operation to be held in class A airspace covered by an LOA, means the person who is:

(a)   authorised in writing by the CFI of the GFA affiliate that is coordinating the sailplane operation; and

(b)   responsible for the safe and efficient conduct of the operation.

GFAmeans The Gliding Federation of Australia Inc, ARN 217932.

GFA affiliate means any of the following gliding clubs or associations that are affiliated with the GFA:

(a)   Western Australian Gliding Association Incorporated;

(b)   Canberra Gliding Club Inc;

(c)   Grampians Soaring Club Incorporated.

LOA means a Letter of Agreement signed by AA and the GFA, or by AA and a GFA affiliate, that:

(a)   is in effect on the day of, and relates to, sailplane operations; and

(b)   describes the area within which sailplane operations may be conducted in class A airspace; and

(c)   specifies the limitations and conditions (however described) on which AA agrees to the conduct of sailplane operations in class A airspace within the area mentioned in the agreement.

relevant RM/O, for the appointment of a CFI for a GFA affiliate,means the GFA Regional Manager, Operations responsible for appointing CFIs for gliding clubs or associations that are:

(a)   affiliated with the GFA; and

(b)   located within the State or Territory within which the GFA affiliate is located.

relevant sailplane means a sailplane that is employed in private operations.

4          Application

        (1)     Subject to subsection (2), this instrument applies in relation to the pilot in command of a relevant sailplane flown in a sailplane operation in class A airspace covered by an LOA, and any GFA affiliate that is coordinating a sailplane operation in class A airspace.

        (2)     The instrument applies in relation to the pilot in command of the relevant sailplane if the pilot in command:

(a)   is a member of the GFA; and

(b)   has, before flying the relevant sailplane in the class A airspace:

             (i)  confirmed with the CFI or duty instructor that the sailplane operation in the class A airspace is covered by an LOA and has been cleared by AA; and

            (ii)  received a briefing, on the day of the flight, from the CFI or duty instructor about the matters mentioned in paragraph 7 (a).

Note   Class A airspace is determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. As at the date of commencement of this instrument, the legislative instrument is CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022 and is available at lang="EN-AU">.

5          Approval

        (1)     For the purposes of paragraph 91.285 (1) (b) of CASR, the pilot in command of a relevant sailplane is approved under regulation 91.045 of CASR to conduct a VFR flight in the relevant sailplane in class A airspace covered by an LOA.

        (2)     The approval is subject to the conditions mentioned in section 6.

6          Conditions

The pilot in command must conduct the VFR flight in the relevant sailplane in class A airspace in accordance with:

(a)   the CFI directions issued in relation to the sailplane operation in which the aircraft is flown in the class A airspace; and

(b)   the conditions and limitations for the sailplane operation in the class A airspace that are mentioned in the LOA that covers the class A airspace, as the LOA exists on the day of the VFR flight; and

(c)   any other requirements for the safe conduct of the flight in class A airspace communicated to the pilot during the briefing mentioned in subparagraph 4 (2) (b) (ii).

Note 1   See also Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021 (CAO 95.4) for the flight conditions that apply to a relevant sailplane. For example, paragraph 9.1 of CAO 95.4 requires a relevant sailplane to only be flown in VMC and in accordance with the VFR, and only during daylight hours. Paragraph 9.1 also requires a relevant sailplane to be equipped with or carry, serviceable radiocommunications equipment at a height of 5 000 feet AMSL or in specified VMC criteria, and for pilots in command to have specified pilot qualifications or authorisations for the use of radiocommunications equipment fitted to a relevant sailplane.

Note 2   For the purposes of regulation 91.255 of CASR, Division 11.1 of the Part 91 Manual of Standards (Part 91 MOS) prescribes requirements for the use by an aircraft (including sailplanes) of a class of airspace or a portion of a class of airspace. For example, paragraph 11.10 (2) (b) of the Part 91 MOS sets out procedures to follow if the radiocommunication system is not functioning correctly.

7          Direction

            For regulation 11.245 of CASR, the CFI of any GFA affiliate that is coordinating a sailplane operation in class A airspace must ensure that the pilot in command of any sailplane, before it is flown in the sailplane operation:

(a)   receives a briefing from the CFI or duty instructor about:

             (i)  the CFI directions issued in relation to the sailplane operation; and

            (ii)  the conditions and limitations for the sailplane operation in the class A airspace that are mentioned in the LOA that covers the class A airspace; and

           (iii)  any other requirements for the safe conduct of the flight in class A airspace; and

(b)   is provided with a copy of:

             (i)  the CFI directions that are issued in relation to the flight; and

            (ii)  the LOA that covers sailplane operations in the class A airspace.

Note   For regulation 11.250 of CASR, the direction in this section ceases to be in force on the day this instrument is repealed under section 2.