Federal Register of Legislation - Australian Government

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CASA EX14/18 Exemptions as made
This instrument provides exemptions and permission to enable participants in the 2018 Bright Open Australian Nationals and Paragliding World Cup to fly a paraglider in the vicinity of Corryong aerodrome, a registered aerodrome and class E airspace, without carrying a very high frequency radio. The exemptions and permission are subject to conditions on participants and contains directions to Hang Gliding Federation of Australia, which is responsible for the administration of the event.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Made 08 Feb 2018
Registered 09 Feb 2018
Tabled HR 12 Feb 2018
Tabled Senate 13 Feb 2018
To be repealed 24 Feb 2018
Repealed by Self Repealing

Instrument number CASA EX14/18

I, GRAEME MILLS CRAWFORD, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998 and subregulation 174A (3) of the Civil Aviation Regulations 1988.

[Signed G. M. Crawford]

Graeme M. Crawford
Group Executive Manager, Aviation

8 February 2018

1          Name

                 This instrument is the CASA EX14/18 — 2018 Bright Open Australian Nationals and Paragliding World Cup Instrument 2018.

2          Duration

                 This instrument:

(a)   commences on 10 February 2018; and

(b)   is repealed at the end of 24 February 2018.

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. These include in the vicinity of that is defined in regulation 166 of the Civil Aviation Regulations 1988.

                 In this instrument:

Competition Director means the person appointed by HGFA to manage the event.

Corryong aerodrome means Corryong aerodrome, registration number R105.

event means the 2018 Bright Open Australian Nationals and Paragliding World Cup conducted at Bright, Victoria during the event period.

event period means the period commencing at the start of 10 February 2018 and ceasing at the end of 24 February 2018.

HGFA means Hang Gliding Federation of Australia, ARN 217853.

4          Direction

                 HGFA is directed to comply with the requirements mentioned in Schedule 1.

5          Exemptions

        (1)     The pilot in command of a paraglider is exempt from compliance with regulation 166E of CAR, if the pilot operates the paraglider during the event period for the event in the vicinity of Corryong aerodrome.

        (2)     The exemption in subsection (1) is subject to complying with the conditions mentioned in Schedule 2.

        (3)     Subsection (4) applies to the holder of a radio operator endorsement issued by the HGFA in accordance with the HGFA Operations Manual as it exists from time to time.

        (4)     The holder is exempt from compliance with regulation 83 of CAR when transmitting on a radio frequency while operating a communications station mentioned in clause 1 of Schedule 1.

6          Permission

        (1)     For subregulation 174A (3) of CAR, the pilot in command of a paraglider that is not equipped with a VHF radiocommunication system is permitted to fly the paraglider during the event period for the event.

        (2)     The permission in subsection (1) is subject to complying with the conditions mentioned in Schedule 2.

Schedule 1          Requirements for direction

        1     For each day of the event, HGFA must ensure:

(a)   that an effective ground communications station is established and maintained at the launch site for event operations on the day; and

(b)   if flight in the vicinity of Corryong aerodrome is possible during the event operations on the day — that an effective communications station is established and maintained that covers the vicinity of the aerodrome; and

(c)   if flight in class E airspace is possible during the event operations on the day — that:

             (i)  an effective communications station is established and maintained that covers the area within 15 nautical miles of all event participants; and

            (ii)  a temporary danger area is active for the event that covers the event operations on that day in class E airspace; and

(d)   the Competition Director or another person authorised to broadcast on the communications system maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the event; and

(e)   the Competition Director, or another competent person, operates the appropriate UHF frequencies whenever flights are taking place for providing traffic, weather and other pertinent information to event participants.

        2     For clause 1, a ground communications station must:

(a)   be active:

             (i)  on relevant UHF frequencies, VHF common traffic advisory frequencies, and VHF area frequencies; and

            (ii)  commencing 30 minutes before event flights begin and continuing for the duration of event flights; and

(b)   be supported by available back-up VHF and UHF radios and batteries.

        3     For clause 1, a communications station, other than the ground communications station, must:

(a)   be active on relevant UHF frequencies, VHF common traffic advisory frequencies, and VHF area frequencies; and

(b)   be supported by available back-up VHF and UHF radios and batteries.

        4     Before the first flight on each day of the event, HGFA must ensure that a daily briefing is provided to event participants that addresses the following:

(a)   confirmation of communications stations set-up and the frequencies in use;

(b)   review and explanation of the NOTAM published for that day, and any temporary danger area established for that day, in relation to the event;

(c)   review and explanation of the class E airspace boundaries applicable to event operations on the day (if any), and the requirement to operate within the boundaries when operating in class E airspace;

(d)   review and explanation of the conditions under which the exemption and permission in this instrument have been issued;

(e)   review and explanation of any class E or class G airspace in which HGFA expects other aircraft may be operating;

(f)    if flight in the vicinity of a Corryong aerodrome is possible during the event operations on the day — review and explanation of the air traffic and activities that HGFA expects in the vicinity of the aerodrome;

(g)   any other matters that HGFA considers appropriate to promote the safety of the event.

        5     For each day of the event, HGFA must ensure that the Competition Director:

(a)   records the name of each event participant that attends the daily briefing mentioned in clause 4, and retains the record for 3 months from the end of the event period; and

(b)   gives CASA sufficient information to prepare a NOTAM about the event operations on the day that manages risk of conflict between aircraft participating in the event and other aircraft, including the following information about event operations on the day: location of the launch site and activities; duration of activities; operating direction of aircraft participating in the event.

        6     HGFA must ensure that the Competition Director provides each event participant with a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other air traffic.

Schedule 2          Conditions on exemption and permission

        1     The paraglider must be equipped with serviceable UHF radio.

        2     If, during a flight, the pilot in command becomes aware that the UHF radio of the paraglider is unserviceable, the pilot in command must:

(a)   remain within 15 nautical miles of a communications station; or

(b)   if the pilot is unable or unwilling to remain within 15 nautical miles of a communications station — cease the flight as soon as safely practicable.

        3     The pilot in command may only conduct a flight to which the exemption or permission applies on a day of event operations if satisfied:

(a)   that communications stations will be established and maintained in accordance with Schedule 1 of this instrument; and

(b)   that a NOTAM has been published for the day of the flight that provides information about the event operations to aircraft operating in the vicinity of the flight; and

(c)   if flight in class E airspace is possible during the flight — that the temporary danger area mentioned in subparagraph 1 (c) (ii) of Schedule 1 is active.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 4 of Schedule 1; and

(b)   operate in accordance with the HGFA Operations Manual as it exists from time to time during the event period; and

(c)   hold at least a valid HGFA pilot certificate or an equivalent foreign authorisation.

        5     The pilot in command may rely on the daily briefing mentioned in paragraph 4 (a) to be satisfied of the matters mentioned in clause 3.

        6     Flight within class E airspace must be within the temporary danger area mentioned in subparagraph 1 (c) (ii) of Schedule 1.