Federal Register of Legislation - Australian Government

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CASA EX89/09 Exemptions as made
This instrument allows Edge Aerospace Pty Ltd, trading as Edge Aviation, to conduct flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome (YWSL) in an area that has been designated as a prohibited or restricted area.
Administered by: Infrastructure, Transport, Regional Development and Communications
General Comments: CASA EX89/09 - Exemption - flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome stops having effect at the earlier of: (i) the letter of agreement between Edge Aerospace Pty Ltd, trading as Edge Aviation, Aviation Reference Number (ARN) 757339 (the operator) and RAAF Base East Sale ceasing to have effect; or (ii) the end of 30 September 2011.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 05 Nov 2009
Tabling HistoryDate
Tabled HR16-Nov-2009
Tabled Senate16-Nov-2009
Date ceased to have effect 30 Sep 2011
Ceased by Self Ceasing

Instrument number CASA EX89/09

I, john francis mccormick, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

29 October 2009

Exemption — flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome

1           Duration

                This instrument:

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

(b)     stops having effect at the earlier of:

                  (i)   the letter of agreement between Edge Aerospace Pty Ltd, trading as Edge Aviation, Aviation Reference Number (ARN) 757339 (the operator) and RAAF Base East Sale ceasing to have effect; or

             (ii)   the end of 30 September 2011.

2           Application

                This instrument applies to a flight:

(a)     using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated, ARN 224806 (the RAA), at West Sale Aerodrome (YWSL) (the operation); and

(b)     by:

                  (i)   a student under the control of the operator; or

                 (ii)   a pilot undertaking a training flight under the control of the operator for the operation.

3           Exemption

                The operator is exempt from complying with the following provisions of CAR 1988 when conducting the operation:

(a)     regulations 36A and 37;

(b)     Parts 4A, 4B, 4C, 4D and 5;

(c)     regulations 133, 139, 155, 157, 207, 208 and 230;

(d)     subregulation 242 (2);

(e)     regulations 252 and 252A.

4           Conditions

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

Schedule 1             Conditions

        1      The aeroplane:

(a)     may only be operated by a person as pilot in command who holds at least a valid student pilot certificate; and

(b)     subject to this Schedule, must be operated in accordance with:

                  (i)   the privileges and limitations of the certificate; and

                 (ii)   the RAA Operations Manual; and

(c)     must be maintained in accordance with the maintenance standard set out in the RAA Technical Manual; and

(d)     must be fitted with at least a serviceable VHF radio capable of two-way communication with Air Traffic Control (ATC); and

(e)     must not have been modified without the approval of CASA or a person authorised for regulation 35 of CAR 1988; and

(f)      may only be flown in daylight hours:

                  (i)   in visual meteorological conditions; or

                 (ii)   under special V.F.R. as directed by ATC; and

(g)     must not be flown over a built-up area at a height from which it cannot glide clear of all dwellings, buildings and persons within the built-up area; and

(h)     must not be flown in acrobatic flight; and

(i)      may be flown inside an area that has been designated in the AIP as a restricted area only:

                  (i)   if it is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order 101.55 (CAO 101.55) applies, or that CASA has approved as being suitable for use in the aircraft, and is not subject to any conditions; and

                 (ii)   if the pilot plans to land at, or take off from, an aerodrome at which it is a requirement that the aeroplane be fitted with a transponder, the aeroplane is fitted with a serviceable transponder suitable for use at the aerodrome; and

                (iii)   if the transponder fitted in accordance with subparagraph (ii) is maintained in accordance with CASA AD/RAD/43 and CASA AD/RAD/47 current at the time of this instrument.

        2      For paragraph 1 (d), the VHF radio equipment may only be used by a person who holds a valid flight radiotelephone operator licence or an RAA radio operator endorsement.

        3      The person conducting the flight training must hold a valid flight instructor rating issued by the RAA and a CASA private pilot licence (aeroplane) endorsed for the category of airspace.

        4      Each student must hold at least a class 2 medical certificate.

        5      As soon as possible after an incident or accident, the operator must report it to:

(a)     the Australian Transport Safety Bureau; and

(b)     the CASA Sports Aviation Office; and

(c)     the RAA.

        6      The operator:

(a)     must ensure that the instructor enters the airspace certification in each student’s log book; and

(b)     may use the RAA syllabus for instructing students; and

(c)     must ensure that first solo flights are authorised by an instructor holding:

                  (i)    a senior RAA flight instructor rating; and

                (ii)    CASA private pilot licence (aeroplane) endorsed for the category of airspace; and

(d)     must use the CASA Day (VFR) Syllabus — Aeroplanes for controlled airspace elements.

        7      The aeroplane must:

(a)     be certified to the design standards mentioned in CAO 101.55; or

(b)     meet the criteria mentioned in subregulation 21.024 (1) or 21.186 (1) of the Civil Aviation Safety Regulations 1998.