CASA EX86/18 — Use of Class A Airspace by Gliders Exemption 2018 (Cth)

Instrument number CASA EX86/18

I, ANDREW MELVIN SPARROW, Acting Executive Manager, National Operations & Standards Division, Aviation Group, a delegate of CASA, make this instrument under subregulations 99AA (3) and 174A (3) of the Civil Aviation Regulations 1988 andregulations 11.056, 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed A. Sparrow]

Andrew Sparrow
Acting Executive Manager, National Operations & Standards Division
Aviation Group

11 July 2018

CASA EX86/18 — Use of Class A Airspace by Gliders Exemption 2018

1          Name

                 This instrument is CASA EX86/18 — Use of Class A Airspace by Gliders Exemption 2018.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 30 June 2021.

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 AIP, ATS provider, flight level 290 and NOTAMS.

                 In this instrument:

AA means Airservices Australia, ARN 202210, in its capacity as an ATS provider.

ADS-Bmeans automatic dependent surveillance - broadcast.

CAO 20.18 means the Civil Aviation Order 20.18 (Aircraft equipment — basic operational requirements) Instrument 2014.

CFI means the person designated in writing as the chief flying instructor of a GFA affiliate, or a person exercising delegated authority of the chief flying instructor.

CFI directions means written requirements for the flight of a glider issued by a CFI, as the CFI directions exist at the time of the flight.

Class A airspace means the volumes of airspace determined as being Class A in the legislative instrument Determination of airspace and controlled aerodromes etc made under regulation 5 of the Airspace Regulations 2007, as in force from time to time.

duty instructor for a gliding operation to be held in Class A airspace covered by an LOA means the person who is:

(a)   authorised in writing by the CFI of the GFA affiliate that is coordinating the gliding operation; and

(b)   responsible for the safe and efficient conduct of the operation.

GFA means The Gliding Federation of Australia, ARN 217932.

GFA affiliate means a gliding club or association that is affiliated with the GFA.

LOA means a letter of agreement signed by AA and the GFA, or by AA and a GFA affiliate that:

(a)   is in effect on the day of, or in relation to, glider operations; and

(b)   describes the area within which glider operations may be conducted in Class A airspace; and

(c)   specifies the limitations and conditions (however described) on which AA agrees to the conduct of glider operations in Class A airspace within the area mentioned in the agreement.

4          Application

                 This instrument applies in relation to the operation of a glider in Class A airspace covered by an LOA, if:

(a)   the pilot in command of the glider is a member of the GFA; and

(b)   before entering the Class A airspace — the pilot in command has confirmed with the CFI or duty instructor that the operation in the Class A airspace is covered by the LOA and has been cleared by AA.

5          Approval

        (1)     For subregulation 99AA (3) of CAR, the pilot in command of a glider is approved to engage in a V.F.R. flight in the glider in Class A airspace.

        (2)     For regulation 11.056 of CASR, the approval is subject to the conditions mentioned in section 8.

6          Permission

        (1)     For subregulation 174A (3) of CAR, the pilot in command of a glider that is not equipped with a serviceable secondary surveillance transponder is permitted to fly the glider in Class A airspace under the V.F.R.

        (2)     For regulation 11.056 of CASR, the permission is subject to the conditions mentioned in section 8.

Note   Instrument DASR 2/1994, issued under subregulation 174A (1), requires aircraft operating under the V.F.R. in controlled airspace to carry a secondary surveillance transponder.

7          Exemptions

        (1)     For regulation 11.160 of CASR, a person operating a glider in a flight in Class A airspace above flight level 290 is exempt from compliance with subregulation 207 (2) of CAR and subsection 9B.8 of CAO 20.18, to the extent that the subsection requires the glider to carry ADS-B transmitting equipment.

        (2)     For regulation 11.160 of CASR, a person operating a glider in Class A airspace is exempt from compliance with subregulation 207 (2) of CAR and subsection 9E.2 of CAO 20.18, to the extent that the subsection requires the glider to carry Mode S transponder equipment.

        (3)     For regulation 11.205 of CASR, the exemptions are subject to the conditions mentioned in section 8.

8          Conditions

   (1)     The pilot in command of the glider must conduct the operation in the Class A airspace in accordance with:

(a)   the CFI directions that are issued in relation to the operation; and

(b)   the conditions and limitations for the operation in the Class A airspace that are mentioned in the LOA that covers the Class A airspace; and

(c)   any other requirements for the safe conduct of the operation in Class A airspace communicated to the pilot during the briefing mentioned in subsection (2).

   (2)     Before operating a glider in Class A airspace under the V.F.R., the pilot in command of the glider must, on the day of the operation, receive a briefing from the CFI or duty instructor about:

(a)   the matters mentioned in paragraphs (1) (a) and (b); and

(b)   any other requirements for the safe conduct of the operation in Class A airspace.

        (3)     The pilot in command of the glider must:

(a)   when operating in Class A airspace, carry and use a serviceable VHF radio to communicate with other aircraft in accordance with any directions issued by CASA under regulation 99A of CAR; and

(b)   exit Class A airspace as quickly as is safely practicable if the pilot becomes aware that the VHF radio is not functioning correctly.

Note   Directions issued under regulation 99A of CAR are published in the AIP or NOTAMS. 

9          Direction

            For regulation 11.245 of CASR, I direct the CFI of a GFA affiliate that is coordinating the operation of a glider in Class A airspace to ensure that the pilot in command of the glider is provided with:

(a)   the CFI directions that are issued in relation to the flight; and

(b)   the LOA that covers glider operations in the Class A airspace.