CASA EX01/2003 Exemption of powered paragliders (Cth)

EXEMPTION NUMBER:  CASA EX01/2003

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

EXEMPTION OF POWERED PARAGLIDERS

I, MICHAEL ROBERT TOLLER, Director of Aviation Safety, having taken into account all relevant considerations relating to the interests of safety, issue the following exemption under regulation 308 of the Civil Aviation Regulations 1988 (CAR).

1. This exemption applies to powered paragliders that are operated by the holder of a current Air Operator’s Certificate authorising flights for aerial work purposes, being one or more of the following:

(a)      aerial advertising;

(b)      aerial photography;

(c)      aerial surveying;

(d)      aerial spotting.

1. If the conditions set out in Schedule 1 are complied with in relation to a powered paraglider to which this exemption applies, the paraglider is exempt from compliance with Parts 3, 4, 4A, 4B, 5, 7, 11 (other than regulations 140, 143, 144 and 149 to 157 (inclusive)), paragraphs 166 (1) (c), (d), (f) and (g), and regulation 174C, of CAR.

1. For the purposes of paragraph 20AB (1) (b) of the Civil Aviation Act 1988, a person is authorised to perform a duty essential to the operation of a powered paraglider to which this exemption applies without holding a flight crew licence if he or she complies with the conditions set out in Schedule 1.

SCHEDULE 1

CONDITIONS

1. A powered paraglider to which this exemption applies may only be flown by a person who currently holds a HGFA certificate and a Display Pilot Endorsement.

1. A powered paraglider to which this exemption applies must be equipped with a serviceable altimeter that is easily visible to the pilot.

1. When lower than 100 feet above ground level, a powered paraglider to which this exemption applies must not be flown within a horizontal distance of less than 25 metres from persons not directly associated with its operation at the launch or landing sites.

1. A powered paraglider to which this exemption applies may be operated in controlled airspace providing the pilot in command:

(a)      obtains any necessary air traffic control clearance;  and

(b)operates the powered paraglider in accordance with the clearance and any air traffic control instructions.

1. A powered paraglider to which this exemption applies must not be flown unless in the event of an engine failure the pilot is able, in the current weather and visibility, to glide safely to and land at an area clear of persons, buildings, vehicles and other obstacles.

1. A powered paraglider to which this exemption applies must only be flown in V.M.C.

1. All flights conducted under this exemption must be conducted in accordance with the operations manual provided by the holder of the AOC which authorises the conduct of those flights for aerial work purposes.

In this instrument:

HGFA certificate means an advanced pilot certificate with a motorised endorsement issued by the Hang Gliding Federation of Australia (HGFA).

Display Pilot Endorsement means an endorsement to a HGFA advanced pilot certificate issued by the HGFA.

Powered paraglider means an aircraft that:

(a)      is launched by its pilot’s feet;  and

(b)      does not have rigid wings; and

(c)      is powered by a power unit worn on its pilot’s back.

This instrument stops having effect at the end of January 2006.

[Signed M. Toller]

Mick Toller

Director of Aviation Safety

9 January 2003