Federal Register of Legislation - Australian Government

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CASA EX141/11 Exemptions as made
This Exemption permits Airvan Flight Services Pty Ltd to carry out covert surveillance without displaying some of the required lights.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 22 Dec 2011
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 21 Dec 2015
Repealed by CASA EX211/15 - Exemption — navigation and anti-collision lights

Instrument number CASA EX141/11

I, JONATHAN ALECK, Associate Director of Aviation Safety a delegate of CASA, , make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed Jonathan Aleck]

Jonathan Aleck
Associate Director of Aviation Safety

21 December 2011

Exemption — navigation and anti-collision lights

1          Duration

                 This instrument:

(a)   commences on 1 January 2012; and

(b)   stops having effect at the end of 31 December 2015.

2          Application

                 This instrument applies to Airvan Flight Services Pty Ltd, Aviation Reference Number 766345 (the operator), and any pilot in command of an aircraft operated by the operator (the operator’s aircraft) who is operating on behalf of the Australian Federal Police or a State or Territory Police Force for the purposes of surveillance or police operations.

3          Exemption

            The operator and any pilot in command of the aircraft when operating for the purposes of surveillance are exempt from complying with the requirements of:

(a)   paragraph 3 of Appendix V of Civil Aviation Order 20.18; and

(b)   subregulations 195 (1) and 196 (3) of the Civil Aviation Regulations 1988 relating to the display of navigation and anti-collision lights.

4          Conditions

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

Schedule 1          Conditions

        1     The operator and pilot in command of the aircraft must ensure that the aircraft is operated under the Instrument Flight Rules.

        2     The operator and pilot in command must advise Air Traffic Control (ATC) when the operator’s aircraft is operating without external lights.

        3     If the operator’s aircraft has been operating without external lights displayed, the operator or pilot in command must advise ATC when the aircraft is returned to normal operation with external lights displayed.

        4     The pilot in command of the aircraft must maintain a listening watch on the appropriate ATC frequency.

        5     The pilot in command must display external lights on the aircraft if:

(a)   the pilot of another aircraft asks for the external lights to be displayed for the purpose of identifying the operator’s aircraft as traffic; or

(b)   he or she is aware of proximate traffic and there is a potential risk of a collision.

        6     The operator’s operations manual (the manual) must contain procedures in Part D of the manual for operations without external lights displayed. The manual must also include guidance on the circumstances when an aircraft may operate without external light displayed.