CASA EX123/13 Exemption — solo flight training at Archerfield Aerodrome using ultralight aeroplanes registered with Recreational Aviation Australia (Cth)

Instrument number CASA EX123/13

I, jonATHAN ALECK, Associate Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed Jonathan Aleck]

Jonathan Aleck
Associate Director of Aviation Safety

3 December 2013

Exemption — solo flight training at Archerfield Aerodrome using ultralight aeroplanes registered with Recreational Aviation Australia

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   expires at the end of 30 November 2016, as if it had been repealed by another instrument.

2          Application

                 This instrument applies to each solo flight (the operation):

(a)   using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, Aviation Reference Number (ARN) 224806 (the RAA), at Archerfield Aerodrome, Brisbane, Queensland; and

(b)   by:

             (i)  a student under the control of Pathfinder Aviation Pty Ltd, trading as Pathfinder Aviation, ARN 808177 (the operator); or

            (ii)  a pilot under the control of the operator for the operation and carrying out training sequences authorised by the operator’s chief flying instructor (CFI).

3          Exemption

                 The operator is exempt from complying with the following provisions of Civil Aviation Regulations 1988 when conducting the operation:

(a)   regulation 37;

(b)   Parts 4, 4A, 4B, 4C, 4D and 5;

(c)   regulations 133, 139, 157, 207, 208 and 230;

(d)   subregulation 242 (2);

(e)   regulations 252 and 258.

4          Conditions

                 The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     The aeroplane:

(a)   may only be operated by a person as pilot in command who holds at least a valid student pilot certificate; and

(b)   subject to this Schedule, must be operated in accordance with:

             (i)  the privileges and limitations of the certificate; and

            (ii)  the RAA Operations Manual; and

(c)   must be maintained in accordance with the maintenance standard set out in the RAA Technical Manual; and

(d)   must be fitted with at least a serviceable VHF radio capable of two-way communication with Air Traffic Control (ATC); and

(e)   must not have been modified unless:

(i) the design of the modification has been approved by the manufacturer or has been approved under Subpart 21.M of CASR 1998; or

            (ii)  in the case of an aircraft to which regulation 21.186 applies, has been approved by the manufacturer only; and

(f)    may only be flown in daylight hours:

             (i)  in visual meteorological conditions; or

            (ii)  under special V.F.R. as directed by ATC; and

(g)   must not be flown over a built-up area at a height from which it cannot glide clear of all dwellings, buildings and persons within the built-up area; and

(h)   must not be flown in acrobatic flight; and

(i)    may be flown inside controlled airspace only if the aeroplane:

             (i)  is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order (CAO) 101.55 applies or that CASA has approved as being suitable for use in the aircraft without any conditions; and

            (ii)  if the pilot plans to land at, or take off from, an aerodrome at which it is required to be fitted with a transponder — is fitted with a transponder suitable for use at the aerodrome; and

(j)    may be flown inside controlled airspace only if the transponder that is fitted to the aeroplane is maintained in accordance with CASA AD/RAD/47 current at the time of this instrument.

        2     For paragraph 1 (d), the radiotelephone equipment may only be used by a person who holds a valid flight radiotelephone operator licence or an RAA radio operator endorsement.

        3     The person conducting the flight training must hold a valid RAA flight instructor rating issued by the RAA and at least a valid private pilot (aeroplane) licence endorsed to allow the holder to fly inside the controlled airspace.

        4     Each pilot in command must hold at least a class 2 medical certificate.

        5     As soon as possible after an incident or accident, the CFI of the operator must report it to:

(a)   the Australian Transport Safety Bureau; and

(b)   the Team Leader, Self-Administering Sport Aviation Organisations Section, CASA; and

(c)   the RAA.

        6     The operator may use the RAA syllabus for instructing students, and:

(a)   must ensure that the instructor enters the airspace certification in each student’s log book; and

(b)   must ensure that all solo flights under the exemption are authorised in writing by the CFI who must hold a valid private pilot (aeroplane) licence or higher that allows the holder to fly inside the controlled airspace; and

(c)   must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace.

        7     The operator must allow CASA to carry out audits of its records and facilities to ensure that it is complying with the requirements of this exemption.

        8     The aeroplane must:

(a)   be certified to the design standards mentioned in CAO 101.55; or

(b) meet the criteria mentioned in subregulation 21.024 (1) or 21.186 (1) of CASR 1998.