CASA EX164/17 Exemption — maximum take-off weight requirements in aerial application operations (Cth)

Instrument number CASA EX164/17

I, GRAEME MILLS CRAWFORD, Aviation Group Manager, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Aviation Group Manager

24 November 2017

Exemption — maximum take-off weight requirements in aerial application operations

1          Duration

                 This instrument:

(a)   commences on 1 December 2017; and

(b)   is repealed at the end of 30 November 2019.

2          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: aerial application operation, certificate of airworthiness, engaged in private operations, gross weight, maximum take-off weight, national aviation authority, registered, restricted category and State of Design.

                 In this instrument:

relevant aeroplane means:

(a)   an aeroplane engaged in an aerial application operation, as defined in regulation 137.010 of CASR, which has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane; or

(b)   a registered single engine aeroplane, engaged in private operations, which:

(i)  has been issued a current certificate of airworthiness in the restricted category; and

            (ii)  has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane.

3          Exemptions

        (1)     The pilot in command of an aeroplane mentioned in paragraph (a) of the definition relevant aeroplane in section 2 is exempt from compliance with the requirements of subregulations 137.190 (1) and (2) of CASR.

        (2)     The pilot in command of a relevant aeroplane is exempt from compliance with the requirements of regulation 138 of CAR to the extent that the regulation requires the pilot to comply with a requirement, instruction, procedure or limitation about the maximum take-off weight for the aeroplane stated in a document mentioned in the regulation.

        (3)     The pilot in command of a relevant aeroplane is exempt from compliance with the requirements of subregulation 235 (4) of CAR.

        (4)     The exemptions are subject to the conditions stated in section 4.

Note   To remove doubt, the pilot in command of the aeroplane must comply with the requirements under the regulations not the subject of the exemptions.

4          Conditions

     (1)     The pilot in command of the aeroplane must not commence a take-off if the aeroplane’s gross weight exceeds whichever is the highest of the following:

(a)   the maximum gross weight shown in the aeroplane’s flight manual;

(b)   any maximum gross weight that:

             (i)  has been established for that type of aeroplane by a flight test supervised by CASA; and

            (ii)  is shown on a placard, approved by CASA and displayed in the aeroplane’s cockpit;

(c)   the maximum gross weight shown on the type certificate, or type certificate data sheet, which is issued for the aeroplane by the national aviation authority of the State of Design of the aeroplane.

     (2)     For subsection (1), the pilot in command of the aeroplane must calculate its take-off weight by a method that includes calculating the total of the following:

(a)   the weight of the crew and any equipment carried on the aeroplane;

(b)   the weight of the aeroplane’s fuel and load;

(c)   the empty weight of the aeroplane, as determined under Civil Aviation Order 100.7, as in force from time to time.