CASA EX14/22 — The Wings Out West Instrument 2022 (Cth)

Instrument number CASA EX14/22

I, ANTHONY ALFRED STANTON, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement Division, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed A.A. Stanton]

Anthony A. Stanton
Branch Manager, Sport & Recreation Aviation
Stakeholder Engagement Division

11 March 2022

CASA EX14/22 — The Wings Out West Instrument 2022

1          Name

                 This instrument is CASA EX14/22 — The Wings Out West Instrument 2022.

2          Duration

                 This instrument:

(a)   commences on 16 March 2022; and

(b)   is repealed at the end of 20 June 2022.

Note   The provisions of this instrument, other than the direction in section 4, apply only during the event period, which ceases at the end of 20 March 2022. The direction in section 4 is in force until the repeal of this instrument because of the record retention requirement in paragraph 7 (b) of Schedule 1.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include NOTAM and paraglider.

                 In this instrument:

airborne VHF radio-qualified safety committee member means a person who:

(a)holds a radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists from time to time; and

(b)is a member of the safety committee established for the event by the Competition Director; and

(c)   is not an event participant; and

(d)   is designated by the Competition Director for the purposes of paragraph 1 (e) of Schedule 1.

CAO 95.8 means Civil Aviation Order 95.8, as in force from time to time.

Competition Director means the person appointed by SAFA to manage the event.

competition pilot means a pilot in command who operates a paraglider and is an event participant.

event means the “Wings out West 2022” paragliding event based at Trundle, New South Wales, conducted during the event period.

event area meansthe area within a 50 nautical mile radius centred on coordinates 32°55'17.43"S 147°42'14.13"E (the township of Trundle, NSW), up to 10 000 ft above mean sea level in class G airspace.

event period means the period commencing at the start of 16 March 2022 and ceasing at the end of 20 March 2022.

launch site means the paraglider launch site located at the point of latitude 32°54'10.80"S longitude 147°37'51.60"E in the event area.

non-competition pilotmeans the pilot in command of any aircraft who is not an event participant.

relevant qualification means:

(a)   a SAFA Pilot Certificate (PG4); or

(b)   a higher qualification issued by SAFA; or

(c)   a valid overseas qualification and flight experience recognised by SAFA as equivalent to, or higher than, the qualifications mentioned in paragraph (a) or (b).

SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.

4          Direction

                 SAFA is directed to comply with the requirements mentioned in Schedule 1.

5          Exemption — pilots in command

        (1)     While participating in the event, during the event period, a pilot in command who operates a paraglider is exempt from compliance with:

(a)   regulations 91.625, 91.630 and 91.640 of CASR; and

(b)   the following provisions of CAO 95.8, to the extent that those provisions may require the use of a VHF radiocommunication system:

             (i)  paragraph 10.3;

            (ii)  subparagraph 10.4 (b).

        (2)     The exemption in subsection (1) is subject to complying with the conditions mentioned in Schedule 2.

        (3)     Subsection (1) applies to the pilot in command of a paraglider whether or not the paraglider is equipped with a VHF radiocommunication system.

6          Exemption — radio operators

        (1)     Subsection (2) applies to a person mentioned in subsection (2) if the person holds a radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists from time to time.

        (2)     Rohan Taylor and Zane Priebbenow are exempt from compliance with regulation 91.625 of CASR when transmitting on a radio frequency while operating a ground communications station in accordance with clause 1 of Schedule 1.

Schedule 1          Requirements for direction

        1     For each day of the event, SAFA must ensure that:

(a)   an effective ground communications station is established and maintained that covers the area within a radius of 10 nautical miles from the launch site; and

(b)   Rohan Taylor or Zane Priebbenow maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of the event; and

(c)   the Competition Director, or another competent person, operates the appropriate UHF frequencies whenever flights are taking place, for the purpose of providing traffic, weather and other pertinent information to event participants; and

(d)   if a group of competition pilots are airborne within the event area and more than 10 nautical miles from the launch site — at least 1 airborne VHF radio-qualified safety committee member equipped with a serviceable VHF radio will be airborne within the group at all times; and

(e)   if paragraph (d) applies — at intervals of no more than 30 minutes, an airborne VHF radio‑qualified safety committee member transmits the following information about the event, on relevant VHF frequencies, to non‑competition pilots operating in the event area:

             (i)            the approximate number of airborne paragliders;

            (ii)  the current position (as a cardinal direction referenced from the nearest aerodrome), altitude and operating cardinal direction of the paragliders;

           (iii)  the location of the proposed landing site; and

(f)    if competition pilots are airborne within the event area and 10 nautical miles or less from the launch site — the following information about the event is transmitted from a ground communications station at intervals of no more than 30 minutes, on relevant VHF frequencies, to non‑competition pilots operating in the event area:

             (i)  the location of the launch site and activities;

            (ii)  the duration of the activities;

           (iii)  the operating cardinal direction of the paragliders;

           (iv)  the location of the proposed landing site.

        2     For paragraph (a) of clause 1, an effective ground communications system must be:

(a)   supported by available back‑up VHF and UHF radiocommunication systems and batteries; and

(b)   active:

             (i)  on relevant UHF frequencies, VHF common traffic advisory frequencies and VHF area frequencies; and

            (ii)  from at least 30 minutes before event flights begin and continuing for the duration of event flights.

        3                 A hand‑held VHF radiocommunication system without an external antenna is not an effective ground communications station.

        4     SAFA must ensure that the Competition Director, at least 5 days before the commencement of the event period, gives CASA sufficient information to prepare a NOTAM about the event operations, that manages risk of conflict between paragliders participating in the event and other aircraft, including the following information about the event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of paragliders participating in the event.

        5     Before the first flight on each day of the event, SAFA must ensure that a daily briefing is given to event participants that addresses the following:

(a)   confirmation of ground communications station set‑up and the frequencies in use;

(b)   review and explanation of the NOTAM published for that day, in relation to the event;

(c)   review and explanation of the event area limits and the requirement to operate within those limits;

(d)   review and explanation of the conditions under which the exemption in subsection 5 (1) has been granted;

(e)   review and explanation of any airspace in which other aircraft may be operating;

(f)    any other matters that SAFA considers appropriate to promote the safety of the event.

        6     SAFA must ensure that, for each day of the event, the Competition Director designates at least 1 airborne VHF radio-qualified safety committee member for the purposes of paragraph 1 (e).

        7     SAFA must ensure that:

(a)   for each day of the event, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 5; and

(b)   SAFA retains the records mentioned in paragraph (a) for 3 months from the end of the event period.

        8     Before each event participant first operates a paraglider during the event period for the purpose of the event, SAFA must ensure that the Competition Director gives the event participant a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other aircraft.

Schedule 2          Conditions on exemption

        1     The pilot in command must ensure that the paraglider is equipped with a serviceable UHF radiocommunication system.

        2     If, during a flight, the pilot in command becomes aware that the UHF radiocommunication system of the paraglider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        3     The pilot in command may conduct a flight to which the exemption applies only if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 1, and is operating satisfactorily; and

(b)   if the flight is to be conducted within the event area more than 10 nautical miles from the launch site — at least 1 airborne VHF radio‑qualified safety committee memberequipped with a serviceable VHF radio will be airborne within the group of competition pilots while the group is airborne; and

(c)   a NOTAM has been published for the day of the flight that provides information about the event operations to aircraft operating in the event area.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 5 of Schedule 1; and

(b)   operate in accordance with the SAFA Operations Manual, as it exists from time to time, during the event period; and

(c)   hold a relevant qualification that authorises participation in the event.

        5     The pilot in command may rely on the daily briefing mentioned in paragraph 4 (a) to reach the satisfaction mentioned in clause 3.

        6     The pilot in command must not, during a flight, enter within 10 nautical miles of any certified aerodrome within the event area, unless for emergency reasons or accompanied by an airborne VHF radio-qualified safety committee member equipped with a serviceable VHF radio.

Note 1   Certified aerodromes within the event area are Condobolin, Forbes, Parkes and Narromine aerodromes.

Note 2   The pilot in command also must not enter any restricted airspace in the event area without permission. For example, the R525 Parkes CSIRO Dish restricted area.