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

Overview

The CASA EX79/09 Exemption – take-off with residual traces of frost and ice, made under the Civil Aviation Regulations 1988 (CAR 1988), was enacted to address a specific operational challenge faced by Pionair Australia Pty Ltd. This exemption, which was registered on 9 October 2009 and commenced on 10 October 2009, allows the pilot in command of an aircraft operated by Pionair Australia, with a maximum take-off weight of more than 5,700 kg, to take off with residual traces of frost and ice, subject to certain conditions. The policy objective is to provide a regulatory exemption that ensures safety while accommodating the unique operational requirements of the specified aircraft under particular conditions. This legislative instrument was prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra. The exemption was subject to review and amendment, with CASA EX85/09 marking the latest amendment on 20 October 2009, which came into effect on 21 October 2009.

Scope and Application

The CASA EX79/09 – Exemption – take-off with residual traces of frost and ice, as amended, applies specifically to the pilot in command of an aircraft operated by Pionair Australia Pty Ltd, provided that the aircraft has a maximum take-off weight exceeding 5,700 kg. This exemption, which is made under the Civil Aviation Regulations 1988 (CAR 1988), is effective from 10 October 2009 until 30 September 2011. The exemption relieves the pilot in command from the requirement to ensure that all snow, frost, and ice are completely removed from the aircraft before take-off, provided certain conditions are met. These conditions include the pilot being trained in appropriate de-icing and anti-icing procedures, ensuring that such procedures are conducted in line with the aircraft flight manual or manufacturer's instructions, and being satisfied that any residual traces will not impact the aircraft's performance or its equipment or instruments. The exemption is subject to these specified conditions, which are detailed in Schedule 1 of the legislative instrument.

Key Provisions

The key provisions of CASA EX79/09, as amended, pertain to the exemption for Pionair Australia Pty Ltd from certain Civil Aviation Regulations 1988 (CAR 1988) requirements concerning take-off with residual traces of frost and ice on specific aircraft. The exemption applies to the pilot in command of an aircraft with a maximum take-off weight of more than 5,700 kg operated by Pionair Australia Pty Ltd (sections 2 and 3). This exemption is not absolute but is subject to conditions outlined in Schedule 1. The exemption commences on 10 October 2009 and expires on 30 September 2011. The obligations imposed by this legislation on Pionair Australia Pty Ltd and its pilots include ensuring that appropriate de-icing and anti-icing procedures are used and that these procedures are effective in the given meteorological conditions and temperatures (Schedule 1, clause 1). The operator must also ensure that the pilot in command has been trained in these appropriate procedures (Schedule 1, clause 2). Furthermore, before taking off, the pilot in command must verify that all accumulated snow, frost, and ice, except for residual traces, have been removed from the aircraft (Schedule 1, clause 3). Just prior to take-off, the pilot must be satisfied that any residual traces of snow, frost, or ice will not adversely affect the aircraft's performance or the performance of any equipment or instruments (Schedule 1, clause 4). Failure to comply with the conditions set out in this legislation could result in civil or criminal consequences. The specific penalties for breach are not detailed in the provided text; however, under the general Civil Aviation Act 1988, breaches of Civil Aviation Regulations could result in penalties including fines and imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any applicable state or territory laws. The provisions of the Civil Aviation Regulations 1988 and any relevant amendments would need to be consulted to determine the precise penalties for non-compliance with this exemption.