CASA EX20/19 — Operations by Sport and Recreational Aircraft in Restricted Area R979A (Australian International Airshow 2019 at Avalon Aerodrome) Exemption 2019 (Cth)
Instrument number CASA EX20/19
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. MonahanExecutive Manager, National Operations & Standards
15 February 2019
CASA EX20/19 — Operations by Sport and Recreational Aircraft in Restricted Area R979A (Australian International Airshow 2019 at Avalon Aerodrome) Exemption 2019
1 Name
This instrument is CASA EX20/19 — Operations by Sport and Recreational Aircraft in Restricted Area R979A (Australian International Airshow 2019 at Avalon Aerodrome) Exemption 2019.
2 Duration
This instrument:
(a) commences on 19 February 2019; and
(b) is repealed at the end of 5 March 2019.
3 Interpretation
Note In this instrument, certain terms and expressions have the same meaning as they have in the Act, CAR and CASR. These include: AIP, AIP Supplement, air traffic control, controlled airspace, flight review, NOTAMS, pilot in command, pilot licence and restricted area.
(1) In this instrument:
CAO 95.10 aircraft means an aircraft to which Civil Aviation Order 95.10 Instrument (Repeal and Remake) 2017 applies.
CAO 95.12 aircraft means an aircraft to which Civil Aviation Order 95.12 Instrument 2011 applies.
CAO 95.12.1 aircraft means an aircraft to which Civil Aviation Order 95.12.1 Instrument 2011 applies.
CAO 95.32 aircraft means an aircraft to which Civil Aviation Order 95.32 applies.
CAO 95.55 aircraft means an aircraft to which Civil Aviation Order 95.55 applies.
Operations Manager means:
(a) in relation to a relevant aircraft registered with Recreational Aviation Australia Limited, ARN 224806 — the person holding the position of National Operations Manager of the entity; or
(b) in relation to a relevant aircraft registered with Hang Gliding Federation of Australia Inc, ARN 217853 — the person holding the position of General and Operations Manager of the entity; or
(c) in relation to a relevant aircraft registered with Australian Sport Rotorcraft Association Inc, ARN 223306 — the person holding the position of Operations Manager of the entity.
R979A means the restricted area with that designation, declared by a NOTAM, as it exists from time to time, in the vicinity of Avalon aerodrome.
relevant aircraft means an aircraft in relation to which this instrument applies under section 4.
relevant airspace means Class C or D airspace in the vicinity of Avalon aerodrome.
(2) In this instrument, a reference to a Class of airspace means the volumes of airspace of that Class, as determined by CASA in CASA OAR 051/18 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2018, as in force from time to time.
NoteCASA OAR 051/18 —Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2018 is a legislative instrument, which is revised and reissued by CASA approximately every 6 months. Airspace details from the instrument, in force at any particular time, are also published by Airservices Australia in the AIP Designated Airspace Handbook.
4 Application
This instrument applies in relation to a CAO 95.10 aircraft, CAO 95.12 aircraft, CAO 95.12.1 aircraft, CAO 95.32 aircraft or CAO 95.55 aircraft.
5 Exemptions — CAO 95.10 aircraft
(1) The operator, or pilot in command, of a CAO 95.10 aircraft is exempt from complying with the flight condition mentioned in subparagraph 6.1 (c) of Civil Aviation Order 95.10 Instrument (Repeal and Remake) 2017, to the extent the aircraft is flown in R979A.
(2) The operator, or pilot in command, of a CAO 95.10 aircraft is exempt from complying with the flight conditions mentioned in sub-subparagraph 6.1 (c) (iii) and paragraph 6.4 of Civil Aviation Order 95.10 Instrument (Repeal and Remake) 2017, to the extent the aircraft is flown in the relevant airspace.
(3) If a person has an obligation under the exempted provisions mentioned in subsection (8) in relation to a CAO 95.10 aircraft, while operating it in R979A, the person is exempt from complying with the obligation.
(4) The pilot in command of a CAO 95.10 aircraft is exempt from complying with Part 61 of CASR in relation to the pilot’s operation of the aircraft in R979A.
(5) The pilot in command of a CAO 95.10 aircraft is exempt from complying with paragraph 200.025 (b) and subparagraph 200.030 (c) (ii) of CASR in relation to the pilot’s operation of the aircraft in R979A, to the extent the relevant sport aviation body’s operations manual does not allow the pilot to operate the aircraft in R979A.
(6) The exemptions stated in subsections (3) to (5) are subject to the condition that the person granted the exemption complies with the conditions stated in subsections 5 to 7 of Civil Aviation Order 95.10 Instrument (Repeal and Remake) 2017, other than subparagraph 6.1 (c), to the extent the conditions apply to the person.
(7) The exemptions stated in subsections (1) to (5) are subject to the conditions stated in Schedule 1, to the extent the conditions apply to the person granted the exemptions.
(8) For subsection (3), the exempted provisions are the following provisions of CAR:
(a) Parts 4 to 4D;
(b) subregulation 83 (1), in relation to VHF equipment;
(c) regulations 133, 139, 155 and 157;
(d) paragraph 166A (2) (f), in relation to powered parachutes;
(e) Division 4 of Part 13;
(f) regulations 207, 208 and 230;
(g) subregulations 232 (2) and (5);
(h) subregulation 242 (2);
(i) regulations 252 and 258.
6 Exemptions — CAO 95.12 aircraft
(1) The operator, or pilot in command, of a CAO 95.12 aircraft is exempt from complying with the flight condition mentioned in subparagraph 6.1 (d) of Civil Aviation Order 95.12 Instrument 2011, to the extent the aircraft is flown in R979A.
(2) The operator, or pilot in command, of a CAO 95.12 aircraft is exempt from complying with the flight conditions mentioned in sub‑subparagraph 6.1 (d) (iii) and paragraph 6.3 of Civil Aviation Order 95.12 Instrument 2011, to the extent the aircraft is flown in the relevant airspace.
(3) If a person has an obligation under the exempted provisions mentioned in subsection (8) in relation to a CAO 95.12 aircraft, while operating it in R979A, the person is exempt from complying with the obligation.
(4) The pilot in command of a CAO 95.12 aircraft is exempt from complying with Part 61 of CASR in relation to the pilot’s operation of the aircraft in R979A.
(5) The pilot in command of a CAO 95.12 aircraft is exempt from complying with paragraph 200.025 (b) and subparagraph 200.030 (c) (ii) of CASR in relation to the pilot’s operation of the aircraft in R979A, to the extent the relevant sport aviation body’s operations manual does not allow the pilot to operate the aircraft in R979A.
(6) The exemptions stated in subsections (3) to (5) are subject to the condition that the person granted the exemption complies with the conditions stated in subsections 5 to 7 of Civil Aviation Order 95.12 Instrument 2011, other than subparagraph 6.1 (d), to the extent the conditions apply to the person.
(7) The exemptions stated in subsections (1) to (5) are subject to the conditions stated in Schedule 1, to the extent the conditions apply to the person granted the exemptions.
(8) For subsection (3), the exempted provisions are the following provisions of CAR:
(a) Parts 4 to 4D, and 7;
(b) subregulation 83 (1);
(c) regulations 133, 139 and 157;
(d) paragraph 166A (2) (f);
(e) Division 4 of Part 13;
(f) regulations 207, 208 and 230;
(g) regulations 252 and 258.
7 Exemptions — CAO 95.12.1 aircraft
(1) The operator, or pilot in command, of a CAO 95.12.1 aircraft is exempt from complying with the flight condition mentioned in subparagraph 7.1 (e) of Civil Aviation Order 95.12.1 Instrument 2011, to the extent the aircraft is flown in R979A.
(2) The operator, or pilot in command, of a CAO 95.12.1 aircraft is exempt from complying with the flight conditions mentioned in sub‑subparagraph 7.1 (e) (iii) and paragraph 7.4 of Civil Aviation Order 95.12.1 Instrument 2011, to the extent the aircraft is flown in the relevant airspace.
(3) If a person has an obligation under the exempted provisions mentioned in subsection (8) in relation to a CAO 95.12.1 aircraft, while operating it in R979A, the person is exempt from complying with the obligation.
(4) The pilot in command of a CAO 95.12.1 aircraft is exempt from complying with Part 61 of CASR in relation to the pilot’s operation of the aircraft in R979A.
(5) The pilot in command of a CAO 95.12.1 aircraft is exempt from complying with paragraph 200.025 (b) and subparagraph 200.030 (c) (ii) of CASR in relation to the pilot’s operation of the aircraft in R979A, to the extent the relevant sport aviation body’s operations manual does not allow the pilot to operate the aircraft in R979A.
(6) The exemptions stated in subsections (3) to (5) are subject to the condition that the person granted the exemption complies with the conditions stated in subsections 4, and 6 to 8, of Civil Aviation Order 95.12.1 Instrument 2011, other than subparagraph 7.1 (e), to the extent the conditions apply to the person.
(7) The exemptions stated in subsections (1) to (5) are subject to the conditions stated in Schedule 1, to the extent the conditions apply to the person granted the exemptions.
(8) For subsection (3), the exempted provisions are the following provisions of CAR:
(a) Parts 4 to 4D, and 7;
(b) subregulation 83 (1), in relation to VHF equipment;
(c) regulations 133, 139, 155 and 157;
(d) paragraph 166A (2) (f);
(e) Division 4 of Part 13;
(f) regulations 207 and 208;
(g) regulations 252 and 258.
8 Exemptions — CAO 95.32 aircraft or CAO 95.55 aircraft
(1) The operator, or pilot in command, of a CAO 95.32 aircraft is exempt from complying with the flight conditions mentioned in sub‑subparagraph 7.1 (d) (iii) and paragraph 7.3 of Civil Aviation Order 95.32, to the extent the aircraft is operated in the relevant airspace or R979A.
(2) The operator, or pilot in command, of a CAO 95.55 aircraft is exempt from complying with the flight conditions mentioned in sub‑subparagraph 7.1 (d) (iii) and paragraph 7.3 of Civil Aviation Order 95.55, to the extent the aircraft is operated in the relevant airspace or R979A.
(3) The exemptions are subject to the conditions stated in Schedule 1, to the extent the conditions apply to the operator, or pilot in command, of the aircraft.
Schedule 1 Conditions
1 The aircraft must be fitted with a radio capable of two-way communication with air traffic control within at least 10 nautical miles of Avalon aerodrome.
2 The pilot in command must verify the serviceability of the radio immediately before take-off for a flight in R979A.
3 The pilot in command must comply with the following documents, as they apply to flights in R979A:
(a) for operations at aircraft landing area Avalon East (YAVE) — AIP Supplement H01/19, as it exists from time to time;
(b) for operations at Avalon aerodrome (YMAV) — AIP Supplement H03/19, as it exists from time to time.
4 The pilot in command may land the aircraft at Avalon aerodrome (YMAV) only in accordance with the written approval of Aerospace Australia Limited, ARN 530518.
Note Aerospace Australia Limited is the organiser of the Australian International Airshow 2019 at Avalon Aerodrome.
5 Subject to clause 6, the pilot in command must obtain the Operations Manager’s written approval for the pilot to operate the aircraft in R979A, stating that the Operations Manager is satisfied the pilot has demonstrated the necessary competencies to conduct the operation safely.
6 The pilot in command is not required to have the written approval mentioned in clause 5 if the pilot:
(a) holds a pilot licence, which is valid for the aircraft, with an aeroplane category rating issued under Part 61 of CASR that allows the pilot to fly in controlled airspace; and
(b) has a valid flight review for the class rating for the aircraft under Part 61 of CASR.
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