CASA EX14/2003 Exemption for hang gliders and paragliders operating at Stanwell Park, New South Wales (Cth)

Case

EXEMPTION NUMBER:  CASA EX14/2003

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

EXEMPTION FOR HANG GLIDERS AND PARAGLIDERS OPERATING AT STANWELL PARK, NEW SOUTH WALES

I, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), after having taken into account all relevant considerations relating to the interests of safety, exempt the aircraft specified in Schedule 1, and the persons in, on, or otherwise associated with the operation of, those aircraft, from compliance with the provisions of CAR 1988 set out in Schedule 2.

Conditions under subregulation 308 (3) are set out in Schedule 3.

The exemption ceases to have effect at the end of June 2006.

SCHEDULE 1

AIRCRAFT WHICH ARE EXEMPT

Hang gliders and paragliders used at Stanwell Park, New South Wales, in private operations or training for the issue of a pilot certificate for recreational purposes.

SCHEDULE 2

PROVISIONS OF CAR 1988

  1. Part 3;

  1. Part 4;

  1. Part 4A;

  1. Part 4B;

  1. Part 5;

  1. Part 7;

  1. Part 11 (other than regulations 140, 143, 144, 149, 150, 151, 152 and 153);

  1. Paragraphs 166 (1) (c), (d), (f) and (g).

SCHEDULE 3

CONDITIONS

  1. The persons in, on, or otherwise associated with the operation of, the aircraft must ensure that the aircraft is operated in accordance with section 95.8 of the Civil Aviation Orders other than subparagraph 4.7 (i).

  1. This exemption applies only to hang gliders and paragliders landing at designated landing areas at Stanwell Park under the supervision of the Stanwell Park Hang Gliding and Paragliding Club (the Club).

  1. A pilot must not land under this exemption except in accordance with the document “Procedures of Operations” (the Procedures Manual), that relates to landing areas and procedures, issued by the Club on 10 June 2003.

  1. The designated landing areas are those areas described in the Procedures Manual as:

(b)the area known as the Chute, being the area of sand from the seaward end of the Park Reserve to the beach; and

(c)the area on Bald Hill known as the East landing area; and

(d)the area on Bald Hill known as the Strip.

  1. A pilot must not land under this exemption unless markers are in place clearly designating the landing area.

  1. A pilot must not land under this exemption if to do so would endanger a person on the ground.

  1. A pilot must not land under this exemption unless satisfied that the landing may be carried out safely, having regard to the recommended procedures set out in the Procedures Manual.

  1. A pilot intending to land under this exemption must:

(a)hold an Intermediate or Advanced Paraglider Certificate, or an Advanced Hang Glider Pilot Certificate, issued by the Hang Gliding Federation of Australia (HGFA); or

(b)hold an Intermediate Hang Glider Pilot Certificate issued by the HGFA, and, in the case of a top-landing:

(i)be directly supervised during the landing by a person who holds an Instructor Certificate issued by the HGFA; or

(ii)hold the endorsement referred to in clause 9; or

(c)hold a restricted Hang Glider or Paraglider Certificate issued by the HGFA, have the approval of the Site Duty Pilot, and, in the case of a top-landing:

(i)be directly supervised during the landing by a person who holds an Instructor Certificate issued by the HGFA; or

(ii)hold the endorsement referred to in clause 9; or

(d)hold a Student Pilot Certificate issued by the HGFA and be directly supervised by a person who holds an Instructor Certificate issued by the HGFA.

  1. For the purposes of subparagraphs 8(b)(ii) and 8(c)(ii), a person must have an endorsement to top-land at Stanwell Park written in his or her log book by a member of the Club who holds an Instructor Certificate issued by the HGFA.

[Signed M. Toller]

Mick Toller

Director of Aviation Safety

22 July 2003

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