CASA EX42/21 — ASRA National Championships (Dropping of Things from Gyroplanes) Instrument 2021 (Cth)

Instrument number CASA EX42/21

I, ROBERT KENNETH WALKER, Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Robert Walker]

Robert Walker
Executive Manager, Stakeholder Engagement

14 April 2021

CASA EX42/21 — ASRA National Championships (Dropping of Things from Gyroplanes) Instrument 2021

1          Name

This instrument is CASA EX42/21 — ASRA National Championships (Dropping of Things from Gyroplanes) Instrument 2021.

2          Duration

This instrument:

(a)   commences on the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018; and

(b)   is repealed at the end of 31 March 2024.

Note 1   At the time this instrument is made, the Civil Aviation Safety Amendment (Part 91) Regulations 2018 are expressed to commence on 2 December 2021.

Note 2   For regulation 11.250 of CASR, the directions in section 5 and Schedules 1 and 2 to this instrument cease to be in force at the end of 31 March 2024.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aerodrome, aerodrome operator, aeronautical radio operator certificate, aircraft, gyroplane, pilot in command and V.M.C.

ASRA means The Australian Sport Rotorcraft Association, ARN 223306.

ASRA representative means:

(a)   the individual who holds the position of ASRA Operations Manager while the Championships are being conducted; or

(b)   an individual, appointed, in writing, by the ASRA Operations Manager to represent the ASRA Operations Manager at the Championships.

Championships means the ASRA National Championships.

competition means the competition, known as flour bombing, that will be held at the Championships.

participating ASRA member means a current ASRA member, including a member who is the pilot in command of a gyroplane registered with ASRA, who is taking part in, or assisting with the conduct of, the Championships.

relevant aerodrome means an aerodrome at which:

(a)   the aerodrome operator has given ASRA permission to conduct the Championships and to make related preparations; and

(b)   if the permission mentioned in paragraph (a) has been given — the Championships are being conducted.

relevant private property means privately owned land on which:

(a)   the owner has given ASRA permission to conduct the Championships and to make related preparations; and

(b)   if the permission mentioned in paragraph (a) has been given — the Championships are being conducted.

4          Application

(1)     The direction in clause 1 of Schedule 1 applies:

(a)   during the period of 28 days before the Championships; and

(b)   while a relevant aerodrome or a relevant private property is being prepared for the Championships to be conducted; and

(c)   while the Championships are being conducted.

(2)     The exemption in section 6 and the directions in clauses 2, 3 and 5 to 8 of Schedule 1 apply only while the Championships are being conducted.

(3)     The direction in clause 4 of Schedule 1 applies while:

(a)   a relevant aerodrome or a relevant private property is being prepared for the Championships to be conducted; and

(b)   while the Championships are being conducted.

(4)     The directions in Schedule 2 apply:

(a)   in relation to making things for dropping in the competition; and

(b)   in relation to the dropping of things in the competition; and

(c)   while the Championships are being conducted.

5          Directions — regulation 11.245 of CASR

     Under regulation 11.245 of CASR:

(a)   the direction in clause 2 of Schedule 1 is issued to ASRA; and

(b)   the remainder of the directions in Schedule 1 are issued to the ASRA representative; and

(c)   the directions in clauses 1, 2 and 3 of Schedule 2 are issued to each participating ASRA member who is the pilot in command of a gyroplane registered with ASRA; and

(d)   the remainder of the directions in Schedule 2 are issued to participating ASRA members taking part in, or assisting with the conduct of, the Championships.

6          Exemption — regulation 11.160 of CAR

A participating ASRA member who is the pilot in command of a gyroplane registered with ASRA is exempt from compliance with subregulation 91.190 (1) of CASR, to the extent that the subregulation prohibits the pilot in command from dropping a thing from the gyroplane in the competition.

Schedule 1          Directions — ASRA or ASRA representative

1     The ASRA representative must, no later than 28 days before the Championships, ensure that ASRA has obtained written permission from whichever of the following applies:

(a)   for permission to conduct the Championships at a relevant aerodrome — the aerodrome operator of the relevant aerodrome;

(b)   for permission to conduct the Championships on relevant private property — the owner of the relevant private property.

2     ASRA must ensure that an ASRA representative is present, throughout the Championships, at the relevant aerodrome or on the relevant private property (whichever is applicable).

3     The ASRA representative must take all reasonable steps to ensure that participating ASRA members comply with the directions in Schedule 2.

4     The ASRA representative must ensure that:

(a)   onlookers and spectators at the Championships are located at least 100 metres from the centre of each target area to be used in the competition; and

(b)   judges at the Championships are located at least 30 metres from the centre of each target area to be used.

5     The ASRA representative must, to avoid conflict with other aircraft operating in the area, use serviceable VHF radio to communicate with the other aircraft.

6     For clause 5, the ASRA representative must hold a valid flight radiotelephone operator licence, an aeronautical radio operator certificate, a recreational pilot licence with a flight radio endorsement or an ASRA radio operator endorsement.

7     The ASRA representative must monitor both inbound and outbound traffic calls.

8     The ASRA representative must ensure that all debris from the dropping of things is removed during or after the competition, when it is safe to do so.

Note   For other relevant directions related to dropping of things from aircraft in flight, see Civil Aviation Order (CAO) 29.5. At the time of making this instrument, paragraph 2.4 and subsections 4, 5 and 7 of CAO 29.5 were particularly relevant.

Schedule 2          Directions — participating ASRA members

1     A participating ASRA member taking part in the Championships who is the pilot in command of a gyroplane registered with ASRA must conduct the dropping of things only during daylight hours in V.M.C.

2     A participating ASRA member taking part in the Championships who is the pilot in command of a gyroplane registered with ASRA must conduct the dropping of things in a manner and at a time that avoids conflict with other aircraft operating in the area.

3     A current ASRA member taking part in the Championships who is a pilot in command of a gyroplane registered with ASRA must ensure that the things to be dropped:

(a)   are made from household flour or lime; and

(b)   are contained in a frangible container; and

(c)   have a maximum weight of 250 grams; and

(d)   are aimed at, and dropped vertically onto, a designated target area.

4     Participating ASRA members must ensure that only 1 gyroplane at a time is permitted to drop a thing.

5     Participating ASRA members must comply with any instruction that the ASRA representative issues to ensure compliance with this instrument.

Note   For other relevant directions related to dropping of things from aircraft in flight, see CAO 29.5. At the time of making this instrument, paragraph 2.4 and subsections 4, 5 and 7 of CAO 29.5 were particularly relevant.