CASA EX152/18 — Powered Weight-Shift-Controlled Aeroplanes and Other Powered Aircraft (Certain Aerial Work Operations) Exemption 2018 (Cth)

Instrument number CASA EX152/18

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

1 November 2018

CASA EX152/18 — Powered Weight-Shift-Controlled Aeroplanes and Other Powered Aircraft (Certain Aerial Work Operations) Exemption 2018

1          Name

                 This instrument is CASA EX152/18 — Powered Weight-Shift-Controlled Aeroplanes and Other Powered Aircraft (Certain Aerial Work Operations) Exemption 2018.

2          Duration

          This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 October 2019.

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: AOC and light sport aircraft.

                 In this instrument:

aerial work purpose means a purpose mentioned in paragraph 206 (1) (a) of CAR.

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

CAO 95.32 means Civil Aviation Order 95.32, as in force from time to time.

HGFAmeans Hang Gliding Federation of Australia Inc, ARN 217853.

HGFA pilot certificate means any of the following certificates issued by the HGFA:

(a)   an Advanced Pilot Certificate (HG) with a Powered Endorsement;

(b)   a Powered Paraglider Pilot Certificate — Foot Launched;

(c)   a Powered Paraglider Pilot Certificate — Wheel Launched;

(d)   a Weightshift Microlight Pilot Certificate.

powered hang-gliderhas the same meaning as in subsection 2 of CAO 95.8.

powered parachute has the same meaning as in paragraph 2.1 CAO 95.32.

powered paraglider has the same meaning as in subsection 2 of CAO 95.8.

RAAus means Recreational Aviation Australia Limited, ARN 224806.

RAAus pilot certificatemeans a pilot certificate issued by RAAus, that includes a Group B (weight-shift control) endorsement or a Group D (powered parachute) endorsement.

relevant aircraft means any of the following aircraft, other than a light sport aircraft, that is operated under an AOC that authorises flights for aerial work purposes:

(a)   a powered weight-shift-controlled aeroplane;

(b)   a powered parachute;

(c)   a powered hang-glider;

(d)   a powered paraglider.

specified aerial work operation means an operation conducted for any of the following aerial work purposes:

(a)the purpose mentioned in subparagraph 206 (1) (a) (i) of CAR;

(b)the purpose mentioned in subparagraph 206 (1) (a) (ii) of CAR;

(c)   the purpose mentioned in subparagraph 206 (1) (a) (iv) of CAR;

(d)   the purpose mentioned in subparagraph 206 (1) (a) (v) of CAR, including towing of flags and banners.

Note   These purposes are aerial surveying, aerial spotting, aerial photography and advertising.

weight-shift-controlled aeroplane has the same meaning as in paragraph 2.1 of CAO 95.32.

4          Exemptions — powered weight-shift-controlled aeroplane and powered parachute

        (1)     The operator of a relevant aircraft that is a powered weight-shift-controlled aeroplane or a powered parachute and is engaged in a specified aerial work operation is, in relation to the relevant aircraft, exempt from compliance with subparagraph 6 (b) of CAO 95.32.

Note   General condition 6 (a) of CAO 95.32 continues to apply to the operator.

        (2)     The pilot in command of a relevant aircraft that is a powered weight-shift-controlled aeroplane or a powered parachute and is engaged in a specified aerial work operation is exempt from compliance with:

(a)   subregulations 149 (1), 150 (1) and 151 (1) of CAR;

(b)   subparagraphs 6 (b) and 6 (c) of CAO 95.32.

Note   General condition 6 (a) of CAO 95.32 continues to apply to the pilot in command.

5          Conditions — powered weight-shift controlled aeroplane and powered parachute

(1)                 The exemption mentioned in subsection 4 (1) is subject to the condition that the operator of the powered weight-shift-controlled aeroplane or powered parachute must ensure that it is equipped with a serviceable altimeter that can be easily seen by the pilot in command.

Note   See CAO 95.32 for the flight rules that also apply to the operator.

        (2)     The exemption mentioned in subsection 4 (2) is subject to the condition that the pilot in command of the powered weight-shift-controlled aeroplane or powered parachute may fly it only if the pilot:

(a)   if the relevant aircraft is registered with RAAus — holds an RAAus pilot certificate with the endorsement that applies for the aircraft type; and

(b)   if the relevant aircraft is registered with the HGFA — holds 1 of the following HGFA pilot certificates that applies for the aircraft type:

             (i)  a Weightshift Microlight Pilot Certificate;

            (ii)  a Powered Paraglider Certificate — Wheel Launched; and

(c)if the relevant aircraft is a powered weight-shift-controlled aeroplane — has accrued at least 100 hours as pilot in command of a powered weight‑shift‑controlled aeroplane; and

(d)if the relevant aircraft is a powered parachute — has accrued at least 100 hours as pilot in command of a powered parachute.

Note   The pilot must also be appropriately qualified in accordance with CAO 95.32 — see paragraphs 7.3 and 7.4 of CAO 95.32.

6          Exemptions — powered hang-glider and powered paraglider

        (1)     The operator of a relevant aircraft that is a powered hang-glider or a powered paraglider and is engaged in a specified aerial work operation is, in relation to the relevant aircraft, exempt from compliance with the following provisions of CAR:

(a)   each provision of Part 4, 4A, 4B, 4C, 4D and 7 that applies to the operator;

(b)   subregulations 139 (2) and (3);

(c)   regulation 157;

(d)   paragraph 166A (2) (f);

(e)   regulations 207, 208, 230 and 252.

        (2)     The pilot in command of a relevant aircraft that is a powered hang-glider or a powered paraglider and is engaged in a specified aerial work operation is exempt from compliance with the following provisions of CAR:

(a)   subregulations 133 (1), 139 (1), 149 (1), 150 (1), 151 (1) and 157 (1);

(b)   subregulation 166A (1) to the extent that the subregulation requires compliance with paragraph 166A (2) (f);

(c)   regulations 207 and 230.

7          Conditions — powered hang-glider and powered paraglider

(1)                 The exemption mentioned in subsection 6 (1) is subject to the condition that the operator of the powered hang-glider or powered paraglider:

(a)   must ensure that the powered hang-glider or powered paraglider is equipped with a serviceable altimeter that can be easily seen by the pilot in command; and

(b)   must comply with the general and flight conditions of CAO 95.8 that would apply to the operator if CAO 95.8 applied to the powered hang-glider or powered paraglider.

Note   CAO 95.8 does not apply to a relevant aircraft that is a powered hang-glider or powered paraglider because it is not used in private operations for recreational purposes or for flying training — see the definitions of relevant aircraftand specified aerial work operation. See alsoparagraph 1.1 of CAO 95.8. This provision requires the operator to comply with the CAO 95.8 conditions.

        (2)     The exemption mentioned in subsection 6 (2) is subject to the condition that the pilot in command of the powered hang-glider or powered paraglider may fly it only if the pilot:

(a)   holds any of the following HGFA pilot certificates that applies for the aircraft type:

             (i)  an Advanced Pilot Certificate (HG) with a Powered Endorsement;

            (ii)  a Powered Paraglider Pilot Certificate — Foot Launched;

           (iii)  a Powered Paraglider Pilot Certificate — Wheel Launched; and

(b)if the relevant aircraft is a powered hang-glider — has accrued at least 100 hours as pilot in command of a powered hang-glider; and

(c)if the relevant aircraft is a powered paraglider — has accrued at least 100 hours as pilot in command of a powered paraglider.

Note   The pilot must also be appropriately qualified in accordance with CAO 95.8 — see paragraph 7.6 of CAO 95.8.

   (3)     The exemption mentioned in subsection 6 (2) is subject to the condition that the pilot in command must comply with the general and flight conditions of CAO 95.8 that would apply to him or her if CAO 95.8 applied to the powered hang-glider or powered paraglider.

Note   CAO 95.8 does not apply to a relevant aircraft that is a powered hang-glider or powered paraglider — see note under subsection 7 (1).