Federal Register of Legislation - Australian Government

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CASA EX45/19 Exemptions as made
This instrument exempts a pilot in command of an aircraft from the requirement under paragraph 244 (1) (c) of the Civil Aviation Regulations 1988 to ensure that all external surfaces of the aircraft are completely free from frost or ice immediately before taking-off on any flight. The exemption is subject to conditions designed to ensure that an aircraft with adherence of frost or ice does not take off unless the take-off is safe. This instrument permits the pilot in command of an aircraft with adherence of frost or ice to take off only if the take-off is in accordance with instructions in the aircraft’s flight manual that relate to taking off under those conditions.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 08 May 2019
To be repealed 25 Mar 2021
Repealed by Self Repealing

Instrument number CASA EX45/19

I, WARREN CRAIG MARTIN, Acting Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Acting Executive Manager, Regulatory Services & Surveillance

7 May 2019

CASA EX45/19 — Take off of Aircraft with Adherence of Frost or Ice Exemption 2019

1          Name

                 This instrument is CASA EX45/19 — Take off of Aircraft with Adherence of Frost or Ice Exemption 2019.

2          Duration

                 This instrument:

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

(b)   is repealed at the earlier of:

             (i)  the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018; or

            (ii)  the end of 30 April 2022.

3          Repeal of CASA EX101/16

                 Instrument CASA EX101/16, Exemption — take-off with traces of frost, is repealed.

4          Exemption

   (1)     The pilot in command of an aircraft is exempt from compliance with paragraph 244 (1) (c) of CAR.

   (2)     The exemption in subsection (1) is subject to the conditions in section 5.

5          Conditions

        (1)     The pilot in command of the aircraft must ensure that the aircraft does not begin a flight with frost or ice adhering to any of the aircraft’s wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers or vertical stabilisers.

        (2)     The pilot in command of the aircraft must ensure that the aircraft does not begin a flight if:

(a)   the aircraft has frost or ice adhering to the top of the aircraft’s fuselage; and

(b)   either:

             (i)  the aircraft has rear-mounted engines; or

            (ii)  the adherence of the frost or ice to the top of the aircraft’s fuselage is a hazard to the safe operation of the aircraft for the flight.

        (3)     Subsection (1) or (2) does not apply if the take-off for the flight is conducted in accordance with instructions in the aircraft’s flight manual that relate to taking off under the conditions mentioned in that subsection.

Note   Flight manual is defined in clause 37 of Part 2 of the CASR Dictionary.