CASA EX40/2004 Exemption of Rotary Air Force 2000 two place gyroplanes (Cth)
EXEMPTION NUMBER: CASA EX40/2004
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION OF ROTARY AIR FORCE 2000 TWO PLACE
GYROPLANES
I, BRUCE ROBERT GEMMELL, Deputy Chief Executive and Chief Operating Officer, having taken into account all relevant considerations relating to the interests of safety, on behalf of CASA:
(a)revoke exemption CASA EX08/2003; and
(b)issue the following exemption under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).
EXEMPTION UNDER REGULATION 308
This exemption applies to Rotary Air Force 2000 (RAF 2000) two place gyroplanes.
If the conditions set out in Schedule 1 are complied with, a RAF 2000 two place gyroplane (the gyroplane) is exempt from compliance with the following provisions:
(a)Parts 4 and 5 of CAR 1988;
(b)paragraph 157 (1) (b) of CAR 1988;
(c)Division 3 of Part 14 of CAR 1988;
(d)Parts 21 and 47 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
In this exemption:
ASRA means the Australian Sport Rotorcraft Association Inc.
ASRA Operations Manual means a manual prepared by ASRA and approved by CASA, being a manual that contains the procedures and instructions necessary to ensure the safe operation of gyroplanes registered with ASRA.
gyroplane means a power-driven heavier-than-air aircraft supported in flight by the reaction of the air on 1 or more rotors which rotate freely on substantially vertical axes.
gyroplane pilot certificate means a gyroplane pilot certificate issued by ASRA in accordance with the ASRA Operations Manual.
gyroplane flight instructor certificate means a gyroplane flight instructor certificate issued by ASRA in accordance with the ASRA Operations Manual.
public road means a road or other thoroughfare open to, or used by, members of the public for the passage of vehicles.
For the purposes of paragraph 20AB (1) (b) of the Civil Aviation Act 1988, a person is authorised to perform a duty essential to the operation of the gyroplane without holding a flight crew licence if he or she complies with the conditions set out in Schedule 1.
Despite clause 4, a person must hold a flight radiotelephone operator licence if he or she makes airborne radio transmissions on aeronautical HF frequencies.
This exemption comes into effect on gazettal and ceases to have effect at the end of November 2006.
SCHEDULE l
PART 1 — GENERAL CONDITIONS OF EXEMPTION
1.1This exemption is subject to the following general conditions:
(a)there must be clearly displayed in the gyroplane, in a position visible to the occupants of both control seats, a sign stating that:
(i)neither CASA nor ASRA guarantee the airworthiness of the gyroplane; and
(ii)the occupants operate the gyroplane at their own risk;
(b)subject to paragraphs (c) and (d), the gyroplane must not be used for any purpose other than:
(i)if operated by 1 person — the personal carriage of the pilot; or
(ii)flying training to enable a person to obtain a gyroplane pilot certificate;
(c)the gyroplane may be used for the carriage of non-paying passengers if operated by a pilot who holds a valid passenger carrying endorsement issued by ASRA;
(d)if the gyroplane is provisionally registered by ASRA, it may be flown with an observer for the purpose of obtaining 2-seater registration from ASRA, subject to the following conditions:
(i)the observer must hold a valid gyroplane pilot certificate or another qualification approved by ASRA as suitable for evaluating the aircraft;
(ii)the flight, or series of flights, must have been approved by the Operations Manager of ASRA or a chief flying instructor, or technical adviser, appointed by ASRA in accordance with the ASRA Operations Manual;
(e)the gyroplane must not be operated by a person as pilot in command unless the person holds a valid gyroplane pilot certificate and, subject to the other conditions set out in this clause, operates the gyroplane in accordance with the privileges and limitations of that certificate;
(f)if the gyroplane is being used for flying training, the person conducting the training must hold a valid gyroplane flight instructor certificate;
(g)subject to paragraph (h), the gyroplane must be operated in accordance with the requirements of the ASRA Operations Manual;
(h)the gyroplane must be maintained in accordance with the maintenance standards set out in the ASRA Operations Manual or, where it would result in a higher standard of maintenance, the maintenance schedule issued by the manufacturer;
(i)the gyroplane must be registered by ASRA and bear ASRA identity markings.
PART 2 — FLIGHT CONDITIONS
2.1This exemption is also subject to the following flight conditions:
(a)the gyroplane must not be flown at a height of more than 500 feet above ground level;
(b)the gyroplane must not be flown at a height of less than 300 feet above ground level and within l00 metres horizontally of:
(i)a public road; or
(ii)a person who is not associated with the operation of the gyroplane (except where the gyroplane is taking-off and the person was behind the point at which the gyroplane started its take-off);
(c)the gyroplane must not be flown at a height of less than 300 feet above ground level over land owned by a person, other than a person on the gyroplane, unless the owner of the land, or an agent or employee of the owner, has given permission for the flight over the land at that height;
(d)the gyroplane must not, in any circumstances, be flown above a body of water at a horizontal distance from land of more than 18 kilometres;
(e)the gyroplane may only be flown over a body of water at a horizontal distance from land of more than 150 metres, if:
(i)all persons on the gyroplane are wearing life jackets; and
(ii)the gyroplane is equipped with flotation equipment that is capable of ensuring the gyroplane will remain afloat if it is forced to land on water;
(f)the gyroplane must not be flown over, or within 8 kilometres of, an aerodrome that is:
(i)certified or registered under Part 139 of CASR 1998; or
(ii)used by aircraft engaged in regular public transport operations; or
(iii)a military aerodrome;
(f)the gyroplane must not be flown inside controlled airspace;
(g)the gyroplane must not be flown over a prohibited area, or a restricted area, declared under regulation 2.07 of the Air Services Regulations, at such times as the area is active;
(h)the gyroplane must only be flown under the V.F.R.;
(i)the gyroplane must only be flown during daylight hours;
(j)the gyroplane must not be flown over any city or town;
(k)the gyroplane must not be flown, at any height, within l00 metres horizontally from a dwelling (other than a dwelling usually occupied by a person on the gyroplane) unless the occupier of the dwelling, or an agent or employee of the occupier, has given permission for the flight;
(l)the gyroplane must not be flown in acrobatic flight.
2.2The pilot or owner of the gyroplane may apply to CASA for approval of a flight that is not in accordance with clause 2.1.
2.3Subsection 6 of section 95.12.1 of Civil Aviation Orders applies to an application under clause 2.2 as if it were an application under that subsection.
[Signed B. Gemmell]
Bruce Gemmell
Deputy Chief Executive and
Chief Operating Officer
3 December 2004
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