CASA EX98/18 — Flight in Certain Ultralight Aeroplanes in Class D Airspace at Sunshine Coast Aerodrome (Sunshine Coast Aero Club Queensland) Exemption 2018 (Cth)

Instrument number CASA EX98/18

I,CHRISTOPHER PAUL MONAHAN, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Acting Executive Manager, National Operations & Standards

2 August 2018

CASA EX98/18 — Flight in Certain Ultralight Aeroplanes in Class D Airspace at Sunshine Coast Aerodrome (Sunshine Coast Aero Club Queensland) Exemption 2018

1          Name

                 This instrument is CASA EX98/18 — Flight in Certain Ultralight Aeroplanes in Class D Airspace at Sunshine Coast Aerodrome (Sunshine Coast Aero Club Queensland) Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   is repealed at the end of 31 July 2021.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, including pilot certificate, medical certificate. The terms conduct, recreational aviation medical practitioner’s certificate and solo have the meaning as defined in regulation 61.010 of CASR.

                 In this instrument:

CAO 95.55means Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2018 (the 2018 CAO 95.55), as in force from time to time, and any instrument that replaces the 2018 CAO 95.55, as in force from time to time.

CFI means the person who performs the duties and responsibilities of the chief flying instructor of Sunshine Coast Aero Club.

controlled aerodrome endorsement has the same meaning as in Division 61.G.2 of CASR.

controlled airspace endorsement has the same meaning as in Division 61.G.2 of CASR.

exempted person means each of the following:

(a)   Sunshine Coast Aero Club;

(b)   a Sunshine Coast Aero Club pilot;

(c)   a Sunshine Coast Aero Club restricted pilot.

flight radio endorsement has the same meaning as in Division 61.G.2 of CASR.

Part 61 MOS means the Part 61 Manual of Standards Instrument 2014, as in force from time to time.

RAAus means Recreational Aviation Australia Limited, ARN 224806.

Sunshine Coast Aero Club means Sunshine Coast Aero Club Queensland Ltd, ARN 225418.

Sunshine Coast Aero Club aeroplanemeans an aeroplane:

(a)   of a kind mentioned in subsection 1 of CAO 95.55; and

(b)   that is available for use by Sunshine Coast Aero Club for flight training purposes at Sunshine Coast aerodrome; and

(c)   maintained by a person authorised by Sunshine Coast Aero Club.

Sunshine Coast Aero Club pilot means the holder of a pilot certificate issued by, or under the delegated authority of, RAAus.

Sunshine Coast Aero Club restricted pilot means the holder of a student pilot certificate or converting pilot certificate issued by, or under the delegated authority of, RAAus.

Sunshine Coast aerodrome means Sunshine Coast aerodrome, CASA certificate number CASA.ADCERT.0214.

4          Application

                 This instrument applies if:

(a)   Sunshine Coast Aero Club operates, or authorises the operation of, a Sunshine Coast Aero Club aeroplane in Class D airspace at Sunshine Coast aerodrome; and

(b)   the aeroplane is flown by a Sunshine Coast Aero Club pilot, or by a Sunshine Coast Aero Club restricted pilot in a solo flight.

Note   Class D airspace at Sunshine Coast aerodrome is determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. At the date this instrument is signed, the legislative instrument is CASA OAR 027/18 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2018 (

5          Exemption

        (1)     An exempted person is exempt from complying with subparagraphs 7.3 (d) and (e) of CAO 95.55 in relation to the exempted person’s operation of a Sunshine Coast Aero Club aeroplane for a flight in Class D airspace at Sunshine Coast aerodrome.

        (2)     The exemption is subject to the conditions mentioned in sections 6, 7, 8 and 9.

6          Conditions — requirements relating to the Sunshine Coast Aero Club pilot and the Sunshine Coast Aero Club restricted pilot

        (1)     Sunshine Coast Aero Club must ensure that the Sunshine Coast Aero Club pilot or Sunshine Coast Aero Club restricted pilot flying the aeroplane for the flight at the aerodrome:

(a)   holds one of the following kinds of certificate that is current:

             (i)  a class 1 medical certificate;

            (ii)  a class 2 medical certificate;

           (iii)  a recreational aviation medical practitioner’s certificate; and

(b)   holds one of the following documents that is current:

             (i)  flight radiotelephone operator licence;

            (ii)  a radio operator endorsement issued by, or under the delegated authority of, RAAus.

        (2)     The Sunshine Coast Aero Club pilot or Sunshine Coast Aero Club restricted pilot must not fly the aeroplane for the flight at the aerodrome unless the pilot:

(a)   holds one of the following kinds of certificate that is current:

             (i)  a class 1 medical certificate;

            (ii)  a class 2 medical certificate;

           (iii)  a recreational aviation medical practitioner’s certificate; and

(b)   holds one of the following documents that is current:

             (i)  flight radiotelephone operator licence;

            (ii)  a radio operator endorsement issued by, or under the delegated authority of, RAAus.

7          Conditions — authorisation of flight

        (1)     Sunshine Coast Aero Club must ensure that, before a Sunshine Coast Aero Club pilot or Sunshine Coast Aero Club restricted pilot commences a flight of the aeroplane at the aerodrome, the CFI authorises the pilot in writing to conduct the flight.

        (2)     Sunshine Coast Aero Club must ensure that, before a Sunshine Coast Aero Club pilot or Sunshine Coast Aero Club restricted pilot commences the pilot’s first flight of the aeroplane at the aerodrome:

(a)   the pilot has received practical training in flight on the airspace management procedures for Class D airspace at Sunshine Coast aerodrome; and

(b)   the CFI has conducted a flight with the pilot that departs from or arrives at Sunshine Coast aerodrome, and that involves transitions to and from Class G airspace; and

(c)   the CFI is satisfied that the pilot meets the competency requirements mentioned in the Part 61 MOS for:

             (i)  a controlled aerodrome endorsement; and

            (ii)  a controlled airspace endorsement, as the competency requirements apply to the operation of aircraft in Class D and Class G airspace; and

           (iii)  a flight radio endorsement; and

(d)   the CFI has notated in the pilot’s logbook:

             (i)  the authorisation mentioned in subsection (1), for the first flight; and

            (ii)  the provision of the training mentioned in paragraph (a); and

           (iii)  the attainment of competencies mentioned in paragraph (c).

8          Condition — information about accident or incident

                 If Sunshine Coast Aero Club reports an accident or incident under the Transport Safety Investigation Act 2003 or Transport Safety Investigation Regulations 2003, in relation to the flight of the aeroplane at the aerodrome by the Sunshine Coast Aero Club pilot or the Sunshine Coast Aero Club restricted pilot, Sunshine Coast Aero Club must as soon as practicable provide a copy of the report notice to [email protected].

9          Conditions — record keeping and audit

        (1)     Sunshine Coast Aero Club must retain records of the following matters relating to the operation of the aeroplane for the flight at the aerodrome by the Sunshine Coast Aero Club pilot or the Sunshine Coast Aero Club restricted pilot:

(a)   the assessment of the competencies mentioned in paragraph 7 (2) (c) and a copy of the notations mentioned in paragraph 7 (2) (d);

(b)   a copy of the certificate held to comply with paragraph 6 (1) (a) and the document held to comply with paragraph 6 (1) (b);

(c)   the authorisation mentioned in subsection 7 (1).

        (2)     If CASA notifies Sunshine Coast Aero Club in writing that it intends to audit Sunshine Coast Aero Club’s records and facilities to assess whether this instrument is being complied with and provides reasonable noticeof the audit, Sunshine Coast Aero Club must make the records available and provide access to the facilities.