CASA Ex13/14 Exemption — take-off with traces of frost (Cth)

Instrument number CASA EX13/14

I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed G.J. Campbell]

Gerard J. Campbell
Executive Manager
Operations Division

10 March 2014

Exemption — take-off with traces of frost

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   expires at the end of 30 June 2016, as if it had been repealed by another instrument.

2          Repeal

                 Instrument CASA EX70/13 is repealed.

3          Application

                 This instrument applies only to the pilot in command of an aircraft that:

(a)   has a maximum take-off weight of more than 5 700 kg; and

(b)   is engaged in regular public transport operations or charter operations.

4          Definition

                 In this instrument:

critical surfaces means:

(a)   the aircraft’s wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers and vertical stabilisers; and

(b)   if the aircraft has rear mounted engines — the upper surface of its fuselage.

5          Exemption

                 The pilot in command is exempt from compliance with paragraph 244 (1) (c) of the Civil Aviation Regulations 1988.

6          Conditions

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

Schedule 1          Conditions

        1     Subject to clause 2, at the time of commencing the take-off, the aircraft must not have any frost, ice or snow adhering to any of its critical surfaces.

        2     Clause 1 does not apply to the take-off of an aircraft if:

(a)   the aircraft has no frost, ice or snow adhering to any of its critical surfaces other than frost adhering to the underside of its wings; and

(b)   the frost is caused by cold-soaked fuel; and

(c)   the take-off is conducted in accordance with the aircraft flight manual, the flight crew operating manual or the dispatch deviation guide instructions that relate to take-off under the conditions mentioned in paragraphs 2 (a) and (b).

        3     At the time of commencing the take-off, the aircraft may have a thin layer of hoarfrost on its upper fuselage which does not exceed the limitations specified by the aircraft manufacturer.