Civil Aviation Order 29.4 - Air displays (02/12/2004) (Cth)

Case

Civil Aviation Amendment Order (No. R24) 2004
as amended

made under regulation 156 of the Civil Aviation Regulations 1988.

This compilation was prepared on 14 January 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

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

1          Name of Order

This Order is the Civil Aviation Amendment Order (No. R24) 2004.

2          Commencement

This Order commences on gazettal.

  1. Replacement of section 29.4 of the Civil Aviation Orders

    Section 29.4 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1          Substitution of section 29.4 of the Civil Aviation Orders

Section 29.4

Air Displays

1          Definitions

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

Air display means organised flying including cross-country events, contests, exhibitions of flying or local flights made for the purpose of carrying passengers for hire or reward performed before a public gathering.

Public gathering means people assembled at a location on the basis of a general public invitation, with or without subscription or levy.

Organiser means a person appointed by the organising body to plan and conduct the Air Display.

Cross-country event means air races, rallies and timed flight events and navigation contests.

2          Approval

     An air display shall not be conducted without the written approval of CASA.

3          Application

     Written application for the approval to conduct an air display shall be submitted to CASA at least 28 days before the proposed air display is to take place and shall contain the following details:

(a)   the date and locality of the proposed display;

(b)   the program of events;

(c)   organisations participating in the display;

(d)   names of the principal participants;

(e)   the name of the person proposed as organiser.

4          Conditions of approval

4.1     General Conditions

   An air display shall be conducted in accordance with the following general requirements:

(a)   the public shall be prevented from entering any area where aircraft engines are operating;

(b)   spectator areas shall not be situated in the approach or take-off areas of an aerodrome;

(c)   emergency rescue and first aid facilities shall be provided on a scale approved by CASA as commensurate with the scale and nature of the display;

(d)   the air display shall be held at a location approved by CASA;

(e)   the program of events shall be approved by CASA;

(f)    passengers shall not be carried for hire or reward during any part of the air display except where specifically approved as part of the program;

(g)   the program shall not include flying events likely to cause diversion of pilot attention from the aircraft control or which feature disorganised flight by aircraft in close proximity;

(h)   the air display shall be conducted in V.M.C. except that a cross-country event may be conducted under I.F.R.

4.2     Manoeuvring Limitations

(1)  Except during take-off or landing, or where specifically approved as part of the program of events, an aircraft must not operate below 500 feet above ground level.

(2)  Except where specifically approved as part of the program of events, an aircraft in flight below 1 500 feet above ground level must not:

(a)   track or manoeuvre towards spectators within a horizontal distance of 500 metres; or

(b)   pass within 200 metres horizontal distance from spectators.

4.3     Aerial Application Demonstrations

Airborne demonstrations of aerial application equipment must be conducted in accordance with the following additional requirements:

(a) the pilot must be authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct an aerial application operation in that category of aircraft;

(b)   substances having toxic or noxious characteristics must not be released from the aircraft;

(c)   substances dropped or discharged from the aircraft must not contact spectators;

(d)   equipment used in aerial application demonstrations must be decontaminated before the demonstration in accordance with relevant State, Territory or Commonwealth regulations.

4.4     Cross-Country Events

(1)  Cross-country events shall be held over a route approved by CASA.

(2)  When making application for approval the organiser shall apply as indicated in subsection 3 and shall include the following additional details:

(a)   the object or purpose of the event;

(b)   the class of aircraft which will be participating;

(c)   the track over which it is proposed that the event will be flown;

(d)   the proposed stopping places and reporting points along the route;

(e)   the estimated time of commencement and completion of the event;

(f)    the detailed organisation for the control of activities.

4.5     Pylon Races

     Application for approval to conduct a pylon race, or a similar event, shall contain details of the area over which the event is to be staged. The area shall be:

(a)   suitable for low flying; and

(b)   such that the event would not constitute a nuisance to local authorities or residents; and

(c)   such that the activity shall not endanger persons or property on the ground or water.

5          Planning and control

5.1     Air Traffic Control services may be provided depending on the nature, scale and location of the air display.

5.2     Where Air Traffic Control services are not provided, the approved location shall be designated as a danger area for the duration of the display.

5.3     Briefing

     Prior to the start of an air display the organiser or his representative shall carry out a group briefing of all participants. The briefing must cover all aspects that are likely to affect the safety of flying operations, and shall include the following:

(a)   the program of events;

(b)   current and forecast weather conditions;

(c)   runway(s), taxiways, spectator, aircraft parking and movement areas;

(d)   circuit pattern, holding areas, holding heights and aircraft movements;

(e)   traffic control procedures and radio frequencies;

(f)    emergency procedures;

(g)   minimum heights and distances that apply to the display;

(h)   ground handling and taxiing procedures;

(i)    procedure in the event of movements of aircraft not participating in the air display.

5.4     Responsibility

     The organiser shall be responsible for ensuring that the requirements of the Civil Aviation Regulations1988, the Civil Aviation Safety Regulations 1998 and of this section are met.

Note   Persons or organisations intending to conduct an air display at a Commonwealth owned airfield will be required to indemnify the Commonwealth against any action or claim made against it arising from loss, damage, injury or death which may be the consequence of staging the air display, and may be required to take out public risk insurance.

Notes to Civil Aviation Order 29.4

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 29.4 amended as indicated in the Tables below.

Table of Orders

Year and
number

Date of notification
in Gazette/
registration on FRLI

Date of
commencement

Application, saving or
transitional provisions

CAO 2004 No. R24

8 December 2004 (F2005B00835)

8 December 2004 (s. 2)

CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

FRLI 29 August 2014 (F2014L01177)

1 September 2014 (s. 2)

Sections 3 and 31 (Table A)


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

s. 29.4

rs. CAO 2004 No. R24

subs. 1

am. F2014L01177

subs. 3

am. F2014L01177

subs. 4

am. F2014L01177

subs. 5

am. F2014L01177

Table A          Application, saving or transitional provisions

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

3          Definitions

(1)     In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

(2)     A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31        Transitional — application of Civil Aviation Orders

The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.

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