CASA EX01/19 — The 2019 Bright Open Australian Nationals Instrument 2019 (Cth)

Instrument number CASA EX01/19

I, ANTHONY ALFRED STANTON, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998 and subregulation 174A (3) of the Civil Aviation Regulations 1988.

[Signed A.A. Stanton]

Anthony A. Stanton
Acting Executive Manager, National Operations & Standards

02 January 2019

CASA EX01/19 — The 2019 Bright Open Australian Nationals Instrument 2019

1          Name

                 This instrument is CASA EX01/19 — The 2019 Bright Open Australian Nationals Instrument 2019.

2          Duration

                 This instrument:

(a)   commences on 12 January 2019; and

(b)   is repealed at the end of 18 April 2019.

Note   The provisions of the instrument, other than paragraph 5 (b) of Schedule 1, only apply during the event period, which ceases at the end of 18 January 2019.

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: in the vicinity of that is defined in regulation 166 of CAR.

                 In this instrument:

Competition Director means the person appointed by HGFA to manage the event.

event means the 2019 Bright Open Australian Nationals conducted at Bright, Victoria, during the event period.

event period means the period commencing at the start of 12 January 2019 and ceasing at the end of 18 January 2019.

HGFA means Hang Gliding Federation of Australia Inc, ARN 217853.

4          Direction

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

5          Exemption

        (1)     Subsection (2) applies to the holder of a radio operator endorsement issued by HGFA in accordance with the HGFA Operations Manual, as it exists from time to time.

        (2)     The holder is exempt from compliance with regulation 83 of CAR when transmitting on a radio frequency while operating a ground communications station mentioned in clause 1 of Schedule 1.

6          Permission

        (1)     For subregulation 174A (3) of CAR, the pilot in command of a paraglider that is not equipped with a VHF radiocommunication system is permitted to fly the paraglider during the event period for the purpose of the event within the danger area mentioned in paragraph 1 (a) of Schedule 1.

        (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 of the event, HGFA must ensure that:

(a)   a danger area is active for the event that covers the event operations on that day; and

(b)   an effective ground communications station is established and maintained that covers the area within 15 nautical miles of all paragliders participating in the event; and

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

(d)   the Competition 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)   at intervals of no more than 20 minutes, the following information about the event is transmitted on relevant VHF frequencies from a ground communications station to pilots of aircraft not participating in the event that operate within the danger area mentioned in paragraph (a):

             (i)  location of the launch site and activities;

            (ii)  duration of activities;

           (iii)  operating direction of paragliders participating in the event;

           (iv)  location of the proposed landing site.

        2     For clause 1:

(a)   a hand-held VHF radiocommunication system without an external antenna is not an effective ground communications station; and

(b)   a ground communications station must be supported by available back-up VHF and UHF radiocommunication systems and batteries; and

(c)   a ground communications station must be active:

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

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

        3     HGFA must ensure that the Competition Director, at least 5 days before the commencement of the event period, gives CASA sufficient information to prepare a NOTAM about the event operations that manages risk of conflict between paragliders participating in the event and other aircraft, including the following information about the event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of paragliders participating in the event.

        4     Before the first flight on each day of the event, HGFA must ensure that a daily briefing is given to event participants that addresses the following:

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

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

(c)   review and explanation of the danger area boundaries and the requirement to operate within the boundaries;

(d)   review and explanation of the conditions under which the permission in subsection 6 (1) has been issued;

(e)   review and explanation of any class E and class G airspace in which HGFA expects other aircraft may be operating, including the air routes within the danger area mentioned in paragraph 1 (a);

(f)    if event participants may fly in the vicinity of an aerodrome — review and explanation of the air traffic and activities which HGFA expects may occur at the aerodrome;

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

        5     HGFA must ensure that:

(a)   for each day of the event, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 4; and

(b)   HGFA retains the records mentioned in paragraph (a) for 3 months from the end of the event period.

        6     HGFA must ensure that, before each event participant first operates a paraglider during the event period for the purpose of the event, the Competition Director gives the event participant 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 pilot in command must ensure that the paraglider is equipped with a serviceable UHF radiocommunication system.

        2     If, during a flight, the pilot in command becomes aware that the UHF radiocommunication system of the paraglider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        3     The pilot in command may only conduct a flight to which the permission applies if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 1 of this instrument, and is operating satisfactorily; and

(b)   a NOTAM has been published for the day of the flight that provides information about the event operations to aircraft operating within the danger area mentioned in paragraph 1 (a) of Schedule 1; and

(c)   the danger area mentioned in paragraph 1 (a) of Schedule 1 is active.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 4 of Schedule 1; and

(b)   operate in accordance with the HGFA Operations Manual, as it exists from time to time, during the event period; 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     The pilot in command may only conduct a flight to which the exemption or permission applies within the danger area mentioned in paragraph 1 (a) of Schedule 1.