Federal Register of Legislation - Australian Government

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CASA EX129/19 Exemptions as made
This instrument exempts the pilot in command of a relevant aeroplane, or a relevant single engine aeroplane, that is engaged in an aerial application operation, from specified provisions of the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Regulations 1988. The main purpose of the instrument is to ensure that the higher of the 3 maximum take-off weights stated in subregulation 137.190(1) of CASR apply for these kinds of aeroplane.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Nov 2019
Tabling HistoryDate
Tabled HR02-Dec-2019
Tabled Senate02-Dec-2019
To be repealed 30 Nov 2022
Repealed by Self Repealing

Instrument number CASA EX129/19

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

27 November 2019

CASA EX129/19 — Maximum Take-off Weight (Aerial Application Operations) Exemption 2019

1          Name

                 This instrument is CASA EX129/19 — Maximum Take-off Weight (Aerial Application Operations) Exemption 2019.

2          Duration

                 This instrument:

(a)   commences on 1 December 2019; and

(b)   is repealed at the end of 30 November 2022.

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: certificate of airworthiness, flight manual, foreign type certificate, gross weight, maximum take-off weight, registered, restricted category and type certificate.

                 In this instrument:

aerial application operation has the meaning given by regulation 137.010 of CASR.

employed in private operations has the same meaning as in paragraph 2 (7) (d) of CAR.

relevant aeroplane means an aeroplane, other than a relevant single engine aeroplane, that has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane.

relevant single engine aeroplane means a registered single engine aeroplane that:

(a)   has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane; and

(b)   is employed in private operations; and

(c)   has been issued a current certificate of airworthiness in the restricted category.

4          Exemption

        (1)     The pilot in command of a relevant aeroplane, or a relevant single engine aeroplane, that is engaged in an aerial application operation is exempt from compliance with:

(a)   subregulations 137.190 (1) and (2) of CASR; and

(b)   regulation 138 of CAR, to the extent that the regulation requires the pilot to comply with a requirement, instruction, procedure or limitation about the aeroplane’s maximum take-off weight that is set out in the aeroplane’s flight manual, or another document mentioned in the regulation; and

(c)   subregulation 235 (4) of CAR.

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

5          Conditions

     (1)     The pilot in command must not commence a take-off of the aeroplane if the aeroplane’s gross weight exceeds the highest of the following:

(a)   the maximum gross weight shown in the aeroplane’s flight manual, as it exists from time to time;

(b)   any maximum gross weight that:

             (i)  has been established for that type of aeroplane by a flight test supervised by CASA; and

            (ii)  is shown on a placard, as it exists from time to time, which is approved in writing by CASA and displayed in the aeroplane’s cockpit;

(c)   the maximum gross weight shown on the type certificate, or foreign type certificate, for the aeroplane, as it exists from time to time.

     (2)     For subsection (1), the pilot in command of the aeroplane must calculate its take‑off weight by a method that involves calculating the total of the following:

(a)   the weight of the crew and any equipment carried on the aeroplane;

(b)   the weight of the aeroplane’s fuel and load;

(c)   the empty weight of the aeroplane, as determined under Civil Aviation Order 100.7, as in force from time to time.