CASA Ex27/17 Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon 2017 Airshow) (Cth)

Instrument number CASA EX27/17

I, GERARD JOHN CAMPBELL, Safety Assurance Senior Manager, Aviation Group, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 (CASR).

[Signed G.J. Campbell]

Gerard J. Campbell
Safety Assurance Senior Manager
Aviation Group

14 February 2017

Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon 2017 Airshow)

1          Duration

                 This instrument:

(a)   commences on 22 February 2017; and

(b)   is repealed at the end of 7 March 2017.

2          Definitions

Note    In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988and the regulations. These include AIP Supplement, air traffic control, CAR, NOTAM and pilot in command.

                 In this instrument:

CAO means Civil Aviation Order.

CAO 95.10 aircraft means an aircraft to which CAO 95.10, as in force from time to time, applies.

CAO 95.12 aircraft means an aircraft to which CAO 95.12, as in force from time to time, applies.

CAO 95.12.1 aircraft means an aircraft to which CAO 95.12.1, as in force from time to time, applies.

CAO 95.32 aircraft means an aircraft to which CAO 95.32, as in force from time to time, applies.

CAO 95.55 aircraft means an aircraft to which CAO 95.55, as in force from time to time, applies.

Operations Manager means:

(a)   the National Operations Manager of Recreational Aviation Australia Incorporated, ARN 224806 (RAA); or

(b)   the General and Operations Manager of the Hang Gliding Federation of Australia Incorporated, ARN 527469 (HGFA); or

(c)   the Operations Manager of the Australian Sport Rotorcraft Association Incorporated, ARN 223306 (ASRA).

R979A means the restricted area with that designation declared by NOTAM in the area of Avalon aerodrome.

3          Application

                 This instrument applies in relation to an aircraft that is:

(a)   a CAO 95.10 aircraft, a CAO 95.12 aircraft, a CAO 95.12.1 aircraft, a CAO 95.32 aircraft or a CAO 95.55 aircraft; and

(b)   registered with RAA, HGFA or ASRA; and

(c)   operated within R979A between 22 February 2017 and 7 March 2017.

4          Authorisation

For section 20AB of the Civil Aviation Act 1988, a person is authorised to perform a duty essential to the operation of an aircraft to which this instrument applies within R979A without holding a flight crew licence.

5          Exemptions

        (1)     An aircraft to which this instrument applies isexempt from complying with the requirements of the following provisions of CAR when operated within R979A between 22 February 2017 and 7 March 2017:

(a)   in the case of a CAO 95.10 aircraft — Parts 4, 4A, 4B, 4C and 4D; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; Division 4 of Part 13; regulations 207, 208 and 230; subregulation 242 (2); regulations 252 and 258;

(b)   in the case of a CAO 95.12 aircraft — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207, 208 and 230; Division 4 of Part 13; regulations 252 and 258;

(c)   in the case of a CAO 95.12.1 aircraft — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207 and 208; Division 3 of Part 14; regulations 252 and 258;

(d)   in the case of a CAO 95.32 aircraft — Parts 4, 4A, 4B, 4C, 4D and 7; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; Division 4 of Part 13; regulations 207 and 208; regulation 230; subregulation 242 (2); regulations 252 and 258;

(e)   in the case of a CAO 95.55 aircraft — Parts 4, 4A, 4B, 4C and 4D; regulation 37; subregulations 83 (1), (2) and (3) in respect of VHF equipment; regulations 133, 139, 155 and 157; regulations 207 and 208; regulation 230; subregulation 242 (2); regulations 252 and 258.

        (2)     The pilot in command of an aircraft to which this instrument applies is exempt from the requirements of Part 61 of CASR while operating within R979A.

6          Conditions

                 The exemptions are subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     The aircraft must comply with the conditions in CAO 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32 or CAO 95.55 as they apply to the aircraft, except for the following:

(a)   sub-subparagraph 6.1 (c) (iii) and paragraph 6.4 of CAO 95.10 to the extent that they relate to Class C and Class D airspace;

(b)   sub-subparagraph 7.1 (d) (iii) and paragraph 7.3 of CAO 95.32 and CAO 95.55 to the extent that they relate to Class C and Class D airspace;

(c)   sub-subparagraph 6.1 (d) (iii) and paragraph 6.3 of CAO 95.12 to the extent that they relate to Class C and Class D airspace;

(d)   sub-subparagraph 7.1 (e) (iii) and paragraph 7.4 of CAO 95.12.1 to the extent that they relate to Class C and Class D airspace;

(e)   sub-subparagraph 7.1 (d) (iii) and paragraph 7.3 of CAO 95.55 to the extent that they relate to Class C and Class D airspace.

Note   The provisions of the CAOs mentioned in paragraphs (a), (b), (c), (d) and (e) impose certain restrictions on flight in Class C or Class D airspace. Classes of airspace are defined in the Australian Airspace Policy Statement.

        2     The aircraft must be fitted with a radio capable of two-way communication with air traffic control.

        3     The pilot in command must verify the serviceability of the radio immediately before take-off.

        4     The pilot in command must comply with the following procedures as they apply to flights in R979A:

(a)   for operations at aircraft landing area Avalon East (YAVE) — AIP Supplement H01/17 as it exists from time to time;

(b)   for operations at Avalon aerodrome(YMAV) — AIP Supplement H03/17 as it exists from time to time.

        5     The pilot in command may land at Avalon aerodrome (YMAV) only in accordance with a written approval from Aerospace Australia Limited, trading as Airshows Downunder, ARN 530518.

Note    Aerospace Australia Limited is the organiser of the Avalon 2017 Airshow.

        6     Subject to clause 7, the pilot in command must obtain the written approval of the Operations Manager of the sports aviation association with which the aircraft is registered that confirms:

(a)   the Operations Manager’s approval for the pilot in command to operate in R979A; and

(b)   that the Operations Manager is satisfied that the pilot in command has demonstrated the necessary competencies to conduct the operation safely.

        7     The pilot in command of an aircraft is not required to have the written approval mentioned in clause 6 if the pilot in command holds:

(a)   a valid pilot licence with an aeroplane category rating issued under Part 61 of CASR that allows the pilot in command to fly inside controlled airspace; and

(b)   a valid flight review for the class rating for the aircraft in accordance with Part 61 of CASR.