CASA Ex67/06 Exemption Rotary Air Force 2000 two place gyroplanes (Cth)
Instrument number CASA EX67/06
I, BRUCE ROBERT GEMMELL, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) and regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed B. Gemmell]
Bruce Gemmell
Deputy Chief Executive Officer, Operations
30 November 2006
Exemption — Rotary Air Force 2000 two place gyroplanes
1 Duration
This instrument:
(a) commences on 1 December 2006; and
(b) stops having effect at the end of 30 November 2008.
2 Application
This instrument applies to Rotary Air Force 2000 two place gyroplanes (RAF 2000).
3 Exemption
A RAF 2000 is exempt from compliance with the following provisions:
(a) Parts 4, 4A, 4B, 4C, 4D, 5 and 7 of CAR 1988;
(b) subregulations 83 (1), (2) and (3) of CAR 1988 in respect of VHF equipment;
(c) regulations 133, 139, 157, 207 and 208 of CAR 1988;
(d) regulation 210 of CAR 1988 insofar as advertising of flying training to qualify for a pilot standard specified in the ASRA Operations Manual is concerned;
(e) Division 3 of Part 14 of CAR 1988;
(f) regulations 252, 252A and 322 of CAR 1988;
(g) Parts 21 and 47 of CASR 1998.
4 Authorisation
For paragraph 20AB (1) (b) of the Civil Aviation Act 1988, a person is authorised to perform a duty essential to the operation of the RAF 2000 without holding a flight crew licence.
5 Flight radiotelephone operator licence
In spite of subsection 4, a person must hold a flight radiotelephone operator licence if he or she makes airborne radio transmissions on aeronautical HF frequencies.
6 Conditions
The exemption is subject to the conditions mentioned in Schedule 1.
7 Dictionary
Expressions used in this instrument have the meanings set out in Schedule 2.
Schedule 1 Conditions
Part 1 — General conditions of exemption
1 This exemption is subject to the following general conditions:
(a) there must be clearly displayed in the RAF 2000, 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 RAF 2000; and
(ii) the occupants operate the RAF 2000 at their own risk;
(b) subject to paragraphs (c) and (d), the RAF 2000 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 RAF 2000 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 RAF 2000 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 RAF 2000 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 RAF 2000 in accordance with the privileges and limitations of that certificate;
(f) if the RAF 2000 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 RAF 2000 must be operated in accordance with the requirements of the ASRA Operations Manual;
(h) the RAF 2000 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 RAF 2000 must be registered by ASRA and bear ASRA identity markings.
Part 2 — Flight conditions
2 This exemption is also subject to the following flight conditions:
(a) the RAF 2000 must not be flown at a height of more than 500 feet above ground level unless the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the RAF 2000 in accordance with the ASRA operations manual;
(b) the RAF 2000 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 RAF 2000 (except where the RAF 2000 is taking-off and the person was behind the point at which the RAF 2000 started its take-off);
(c) the RAF 2000 must not be flown at a height of less than 300 feet above ground level over land owned by a person (including the Crown), other than a person on the RAF 2000, 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 RAF 2000 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 RAF 2000 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 RAF 2000 are wearing life jackets; and
(ii) the RAF 2000 is equipped with flotation equipment that is capable of ensuring the RAF 2000 will remain afloat if it is forced to land on water;
(f) the RAF 2000 must not be flown over, or within 8 kilometres of, a certified or registered aerodrome, unless the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the RAF 2000 in accordance with the ASRA Operations Manual;
(g) the RAF 2000 must not be flown inside an area that has been designated in the AIP as a prohibited or restricted area at such times as any such prohibited or restricted area is active;
(h) the RAF 2000 must only be flown under the V.F.R.;
(i) the RAF 2000 must only be flown during daylight hours;
(j) the RAF 2000 must not be flown over any city or town;
(k) the RAF 2000 must not be flown in acrobatic flight.
3 The RAF 2000 may be flown inside controlled airspace only if all of the following conditions are complied with:
(a) the RAF 2000 is fitted with a radio capable of two-way communication with Air Traffic Control;
(b) the RAF 2000 is flown by the holder of a valid pilot licence (not being a student pilot licence):
(i) issued under Part 5 of CAR 1988; and
(ii) that allows the holder to fly inside the controlled airspace;
(c) the pilot has satisfactorily completed a flight review in accordance with regulation 5.81, 5.91, 5.99, 5.108, 5.124, 5.133, 5.169 or 5.178 of CAR 1988;
(d) if the controlled airspace in which the RAF 2000 is operating requires a transponder to be fitted — the RAF 2000 is fitted with a transponder suitable for use in the airspace.
4 The pilot or owner of the RAF 2000 may apply to CASA for approval of a flight that is not in accordance with clause 2 or 3.
5 Subsection 6 of Civil Aviation Order 95.12.1 applies to an application under clause 4 as if it were an application under that subsection.
Schedule 2 Dictionary
In this instrument:
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.
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