CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019 (Cth)

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CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019

as amended

made under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 11 April 2022 taking into account amendments up to CASA EX22/22 – Amendment of CASA EX39/19 (Aerobatics) – Instrument 2022. It is a compilation of CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019, as amended and in force on 11 April 2022.

Prepared by the Advisory & Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 1.

1          Name

This instrument is CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019.

2          Duration

This instrument:

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

(b)   is repealed at the end of 23 May 2022.

Note   For regulation 11.250 of CASR, the directions in section 6 and Schedule 2 cease to be in force on the day that the instrument is repealed.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Act and the Regulations. These include: aerobatic manoeuvres, aerodrome reference point, ARN, non‑controlled aerodrome, NOTAM and regular public transport operations.

In this instrument:

aerobatic activity means:

(a)   participation in a competition involving the conduct of aerobatic manoeuvres; or

(b)   practice for a competition involving the conduct of aerobatic manoeuvres; or

(c)   training in aerobatic manoeuvres.

aerobatic box means the volume of airspace that may be used by the pilot in command of an aircraft while conducting an aerobatic activity.

arrival, of an aircraft at an aerodrome, means entry of the aircraft into the airspace in the vicinity of the aerodrome for the purpose of landing at the aerodrome.

Club, in relation to an aerobatic activity, means Australian Aerobatic Club Ltd, ARN 802745, and each of the following persons that organises the aerobatic activity:

(a)   Australian Aerobatic Club (Queensland Chapter) Limited, CAN 010 322 353;

(b)   Australian Aerobatic Club Adelaide Chapter Incorporated, registration number SA A5798;

(c)   Australian Aerobatic Club – Victorian Chapter (INC)., registration number VIC A0042562P;

(d)   Australian Aerobatic Club (New South Wales Chapter) Incorporated, registration number NSW INC9889911;

(e)   Aerobatics Association of WA Incorporated, registration number A1011312P.

4          Application

This instrument applies to:

(a)   the Club in relation to an aerobatic activity that is organised by the Club in the vicinity of a non‑controlled aerodrome; and

(b)   the pilot in command of an aircraft participating in an aerobatic activity mentioned in paragraph (a).

5          Exemption

(1)     The pilot in command of an aircraft participating in an aerobatic activity organised by the Club is exempt from compliance with the following provisions when flying the aircraft in an aerobatic box nominated by the Club:

(a)   subsection 91.375 (1) and (3) of CASR, but only to the extent of paragraph 91.375 (2) (a) and (c);

(ab) paragraph 91.375 (2) (a) and (c) of CASR;

(b)   regulations 91.630 and 91.640 of CASR.

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

6          Directions

For regulation 11.245 of CASR, the Club must comply with the directions mentioned in Schedule 2.

Schedule 1          Conditions — pilot in command

1     The pilot in command must comply with the procedures published in any internal documents or operating procedure published by the Club, as they exist from time to time.

2     If the pilot in command believes that the Club is failing to comply with any of the requirements imposed on the Club by this instrument, the pilot must comply with the following provisions:

(a)   paragraph 91.375 (2) (c) of CASR;

(b)   regulations 91.630 and 91.640 of CASR.

Note   The requirements imposed on the Club by this instrument are set out in Schedule 2.

Schedule 2          Directions — the Club

1     The Club must appoint, in writing, a Competition Coordinator for all aerobatic activities.

2     The Club, acting through its Competition Coordinator, must ensure that a ground communications station (the station) is established at the non-controlled aerodrome.

3     The Club, acting through its Competition Coordinator, must ensure that the station:

(a)   operates on each day that an aerobatic activity takes place in order to advise other aircraft that are operating in the vicinity of the aerodrome of the activities, location and direction of the participants in the aerobatic activity; and

(b)   has a radio operator, to conduct any radio communications, who is authorised under Part 61 or 64 of CASR to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and

(c)   is active on the VHF frequency nominated by the Club and on the common traffic advisory frequency (CTAF); and

(d)   commences operations at least 10 minutes before aerobatic activity begins and continues throughout the duration of the aerobatic activity.

4     The Club, acting through its Competition Coordinator, must ensure that only aircraft carrying serviceable VHF radio transceivers are allowed to participate in the aerobatic activity.

5     The Club, acting through its Competition Coordinator, must ensure that aerobatic activities stop 10 minutes before the expected arrival time at the aerodrome of any scheduled air transport operation.

6     The Club, acting through its Competition Coordinator, must ensure that aerobatic activities are not started or resumed until:

(a)   a period of 10 minutes has elapsed after the departure of any scheduled air transport operation; or

(b)   the scheduled air transport operation is more than 10 nautical miles away from the aerodrome reference point of the aerodrome.

7     The Club, acting through its Competition Coordinator, must ensure that radio operations on the VHF frequency nominated by the Club:

(a)   cease before the arrival at the aerodrome of any scheduled air transport operation; and

(b)   do not resume until:

(i)  a period of 10 minutes has elapsed after the departure of any scheduled air transport operation; or

(ii)  the scheduled air transport operation is more than 10 nautical miles away from the aerodrome reference point of the aerodrome.

8     The Club, acting through its Competition Coordinator, must ensure that radio operations are returned to the CTAF while radio operations on the VHF frequency nominated by the Club have ceased.

9     The Club, acting through its Competition Coordinator, must ensure that the pilot in command of any aircraft taking part in an aerobatic activity:

(a)   monitors the CTAF at times other than when flying in the aerobatic box; and

(b)   returns to the CTAF if so advised by the radio operator at the station.

10     The Club, acting through its Competition Coordinator, must ensure that participants in an aerobatic activity are briefed on each day that the aerobatic activity takes place on the following:

(a)   the location and dimensions of the aerobatic box for the activity;

(b)   when a frequency change is permitted to a frequency other than the CTAF;

(c)   information on procedures to comply with this instrument;

(d)   any requirements for operating in the aerobatic box;

(e)   procedures if a radio communication with the station fails.

11     Not later than 5 working days before the commencement of an aerobatic activity under this instrument, the Club must give CASA notice of its intention to organise the activity, including:

(a)   the name, ARN and mobile telephone number of the person appointed by the Club as the Competition Coordinator for the aerobatic activity; and

(b)   the location of the non‑controlled aerodrome and any operating procedures, including the CTAF, to be used; and

(c)   details to be published in a NOTAM, including the operating times of the activity and the location and boundaries of the aerobatic box.

12     The Club must:

(a)   include details of this instrument in the internal documents published by the Club; and

(b)   give CASA a copy of an internal document published by the Club when a change is made to that document.

Note to CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019

CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019 as shown in this compilation comprises CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of FRL registration

Date of
commencement

Application, saving or transitional provisions

CASA EX39/19 — Broadcast and Listening Watch (Australian Aerobatic Club Ltd) Instrument 2019 23 May 2019
(see F2019L00689)
24 May 2019 (see s. 2)
CASA EX22/22 – Amendment of CASA EX39/19 (Aerobatics) – Instrument 2022 11 April 2022
(see F2022L00590)
11 April 2022 (see s. 2)


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected How affected

s. 2

s. 3

s. 5

Schedule 1

Schedule 2

am. F2022L00590

am. F2022L00590

am. F2022L00590

am. F2022L00590

am. F2022L00590

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