Federal Register of Legislation - Australian Government

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CASA EX37/20 Exemptions as made
This instrument enables participants in the Corryong Paragliding Open 2020 to fly a paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of the Civil Aviation Regulations 1988.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 13 Feb 2020
Tabling HistoryDate
Tabled HR13-Feb-2020
To be repealed 22 May 2020
Repealed by Self Repealing

Instrument number CASA EX37/20

I, ROBERT KENNETH WALKER, Executive Manager, Stakeholder Engagement, 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 Rob Walker]

Robert Walker
Executive Manager, Stakeholder Engagement

12 February 2020

1          Name

                 This instrument is CASA EX37/20 — The Corryong Paragliding Open 2020 Instrument 2020.

2          Duration

                 This instrument:

(a)   commences on 16 February 2020; and

(b)   is repealed at the end of 22 May 2020.

Note   The provisions of this instrument, other than paragraph 5 (b) of Schedule 1, only apply during the event period, which ceases at the end of 22 February 2020.

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.

                 In this instrument:

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

event means the “Corryong Paragliding Open 2020” conducted at Corryong during the event period.

event period means the period commencing at the start of 16 February 2020 and ceasing at the end of 22 February 2020.

event vicinity means the area within 50 nautical miles of the summit of Mount Elliot, Corryong, Victoria.

in the vicinity of has the meaning given by regulation 166 of CAR.

SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.

4          Direction

                 SAFA 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 purpose of 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 SAFA in accordance with the SAFA 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 ground communications station under 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 purpose of the event within the event vicinity.

        (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, SAFA must ensure that:

(a)   a danger area is active for the event that covers the event operations on that day; and

(b)   an effective ground communications station is established and maintained that covers the following:

             (i)  the area within 15 nautical miles of all paragliders participating in the event;

            (ii)  if a paraglider participating in the event is in the vicinity of Corryong aerodrome — the area in the vicinity of Corryong aerodrome; and

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

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

(e)   at intervals of no more than 20 minutes, the following information about the event is transmitted on relevant VHF frequencies from a ground communications station to pilots of aircraft, not participating in the event, operating within the event vicinity:

             (i)  location of the launch site and activities;

            (ii)  duration of activities;

           (iii)  operating direction of paragliders participating in the event;

           (iv)  location of the proposed landing site.

        2     For clause 1:

(a)   a hand-held VHF radiocommunication system without an external antenna is not an effective ground communications station; and

(b)   a ground communications station must be supported by available back-up VHF and UHF radiocommunication systems and batteries; and

(c)   a ground communications station must be active:

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

            (ii)  from at least 30 minutes before event flights begin and continuing for the duration of event flights.

        3     SAFA must ensure that the Competition Director, at least 3 days before the commencement of the event period, gives CASA sufficient information to prepare a NOTAM about the event operations, that manages risk of conflict between paragliders participating in the event and other aircraft, including the following information about the event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of paragliders participating in the event.

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

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

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

(c)   review and explanation of the danger area boundaries and the requirement to operate within the boundaries;

(d)   review and explanation of the conditions under which the exemption in subsection 5 (1) and the permission in subsection 6 (1) have been issued;

(e)   review and explanation of any airspace in which SAFA expects other aircraft may be operating within the event vicinity, including the air traffic routes within the danger area mentioned in paragraph 1 (a);

(f)    if event participants may fly in the vicinity of an aerodrome — review and explanation of the air traffic and activities which SAFA expects may occur at the aerodrome;

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

        5     SAFA must ensure that:

(a)   for each day of the event, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 4; and

(b)   SAFA retains the records mentioned in paragraph (a) for 3 months from the end of the event period.

        6     SAFA must ensure that, before each event participant first operates a paraglider during the event period for the purpose of the event, the Competition Director gives the event participant a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other aircraft.

Schedule 2          Conditions on exemption and permission

        1     The pilot in command must ensure that the paraglider is equipped with a serviceable UHF radiocommunication system.

        2     If, during a flight, the pilot in command becomes aware that the UHF radiocommunication system of the paraglider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        3     The pilot in command may only conduct a flight to which the exemption and permission apply if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 1, and is operating satisfactorily; and

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

(c)   the danger area mentioned in paragraph 1 (a) 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 SAFA Operations Manual, as it exists from time to time, during the event period; and

(c)   hold a SAFA Certificate.

        5     The pilot in command may rely on the daily briefing mentioned in paragraph 4 (a) to reach the satisfaction mentioned in clause 3.

        6     The pilot in command may only conduct a flight to which the exemption and permission apply within the danger area mentioned in paragraph 1 (a) of Schedule 1.