CASA EX105/17 - Exemption — from requirement to register an emergency locator transmitter with the Australian Maritime Safety Authority (Cth)

Instrument number CASA EX105/17

I, GRAEME MILLS CRAWFORD, Aviation Group Manager, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Aviation Group Manager

28 July 2017

Exemption — from requirement to register an emergency locator transmitter with the Australian Maritime Safety Authority

1          Duration

                 This instrument:

(a)   commences on 1 August 2017; and

(b)   is repealed at the end of 31 July 2020.

2          Definitions

                 In this instrument:

AMSA means the Australian Maritime Safety Authority.

approved ELT, approved portable ELT, exempted aircraft and high-capacity have the same meanings as in subregulation 252A (7) of CAR, as in force on the day this instrument commences.

unregistered ELT means an ELT that would be an approved ELT or an approved portable ELT if it was registered with AMSA.

3          Application

                 This instrument applies in relation to the flight of an Australian registered high‑capacity aircraft for a purpose associated with any of the following:

(a)   the aircraft’s manufacture;

(b)   the preparation or delivery of the aircraft following its purchase or transfer of operator;

(c)   the positioning of the aircraft from a location outside Australia to the place at which approved ELTs or approved portable ELTs for the aircraft will be registered with AMSA.

4          Exemptions

        (1)     The operator and pilot in command of the aircraft are exempt from compliance with subsection 6 of Civil Aviation Order 20.11 to the extent that the subsection requires any approved ELT and any approved portable ELT on the aircraft to be registered with AMSA.

        (2)     If the aircraft is an exempted aircraft — the operator and pilot in command of the aircraft are exempt from compliance with regulation 252 of CAR to the extent that the regulation requires any approved ELT and any approved portable ELT on the aircraft to be registered with AMSA.

        (3)     If the aircraft is not an exempted aircraft — the pilot in command of the aircraft is exempt from compliance with subregulation 252A (1) of CAR to the extent that the subregulation requires any approved ELT and any approved portable ELT on the aircraft to be registered with AMSA.

5          Conditions

        (1)     The exemptions in section 4 are subject to the condition that the operator and pilot in command of the aircraft must ensure that no fare-paying passengers are carried on the aircraft during the flight.

        (2)     The exemption in subsection 4 (2) is also subject to the condition that the operator and pilot in command of the aircraft must ensure that an unregistered ELT fitted to or carried on the aircraft must be in working order.