CASA EX79/09 – Exemption – take-off with residual traces of frost and ice (Cth)

CASA EX79/09 – Exemption – take-off with residual traces of frost and ice (as amended)

made under the Civil Aviation Regulations 1988 (CAR 1988).

This compilation was prepared on 20 October 2009 taking into account amendments up to CASA EX85/09.

Prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

Exemption — take-off with residual traces of frost and ice

1          Duration

This instrument:

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

(b)   stops having effect at the end of 30 September 2011.

2          Application

This instrument applies only to the pilot in command of an aircraft that has a maximum take-off weight of more than 5 700 kg (the aircraft) and is operated by Pionair Australia Pty Ltd, Aviation Reference Number 586863 (the operator).

3          Exemption

The pilot in command is exempt from compliance with paragraph 244 (1) (c) of CAR 1988.

4          Conditions

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

Schedule 1          Conditions

1     In this Schedule:

appropriate procedures means de-icing and anti-icing procedures that are:

(a)   effective in the ambient meteorological conditions and temperatures; and

(b)   carried out in accordance with whichever of the following is applicable to take-off in those conditions and temperatures:

(i)  the aircraft flight manual; or

(ii)  instructions and data provided by the aircraft manufacturer.

2     The operator must ensure that the pilot in command of the aircraft has been trained in the appropriate procedures.

3     Before taking-off, the pilot in command of the aircraft must ensure that appropriate procedures have been used to remove from the aircraft all accumulated snow, frost and ice, other than residual traces.

1. Immediately before taking-off, the pilot in command of the aircraft must be satisfied that any residual traces of snow, frost or ice will not affect the performance of:

(a)   the aircraft; or

(b)   any of its equipment or instruments.

Note to CASA EX79/09 – Exemption – take-off with residual traces of frost and ice

Note 1

Exemption — take-off with residual traces of frost and ice (in force under regulation 308 of the Civil Aviation Regulations 1988) as shown in this compilation is amended as indicated in the tables below.

Table of instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
CASA EX79/09 – Exemption — take-off with residual traces of frost and ice	09 October 2009 (see F2009L03630)	10 October 2009	—
CASA EX85/09 Amendment of instrument CASA EX79/09	20 October 2009 (see F2009L03856)	21 October 2009	—

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
s. 2	am.  CASA EX85/09