Federal Register of Legislation - Australian Government

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CASA EX86/20 Exemptions as made
This instrument continues to enable pilots of a particular kind to tow a glider or gliders using a powered aircraft without complying with directions related to the miscellaneous dropping of articles from aircraft in flight, mentioned in Civil Aviation Order 29.5 and subregulation 166A (1) of the Civil Aviation Regulations 1988, to the extent that the subregulation requires pilots of that kind to comply with particular rules for aircraft being operated in the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 May 2020
Tabling HistoryDate
Tabled HR10-Jun-2020
Tabled Senate10-Jun-2020
To be repealed 31 May 2023
Repealed by Self Repealing

Instrument number CASA EX86/20

I, ANTHONY ALFRED STANTON, Branch Manager, General, Recreational & Sport Aviation, Stakeholder Engagement Division, a delegate of CASA, make this instrument under:

(a)   paragraphs 149 (5) (a) and (b) and 150 (2) (a) of the Civil Aviation Regulations 1988; and

(b)   regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed A.A. Stanton]

Anthony A. Stanton
Branch Manager, General, Recreational & Sport Aviation
Stakeholder Engagement Division

27 May 2020

CASA EX86/20 Aerotowing Operations (Gliding Federation of Australia) Instrument 2020

1          Name

                 This instrument is CASA EX86/20 Aerotowing Operations (Gliding Federation of Australia) Instrument 2020.

2          Duration

                 This instrument:

(a)   commences on 1 June 2020; and

(b)   is repealed at the end of 31 May 2023.

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: CAR, CASR, Civil Aviation Orders, glider, non-controlled aerodrome, pilot in command and powered aircraft.

                 In this instrument:

Aerotowing Manual means the GFA publication titled Aerotowing Manual, GFA document number OPS 0008, as existing in the version approved from time to time by CASA.

Note   At the time this instrument commences, the Aerotowing Manual is freely available to view or download by using the search term “Aerotowing Manual” in the search window located at the “Docs/Forms” link on the GFA website: www.glidingaustralia.org.

aerotowing operation means the towing of a glider or gliders by a powered aircraft.

CAO 29.5 means Civil Aviation Order 29.5, as in force from time to time.

GFA means The Gliding Federation of Australia Incorporated, ARN 217932.

Glider Towing Certificate has the same meaning as in the Aerotowing Manual.

4          Application

                 This instrument applies to a pilot that:

(a)   holds a valid Glider Towing Certificate issued by the GFA in accordance with the Aerotowing Manual; and

(b)   is the pilot in command of an aircraft engaged in aerotowing operations.

5          Permission and direction — CAR paragraphs 149 (5) (a) and (b)

                 A pilot to whom this instrument applies:

(a)   is permitted to engage in aerotowing operations; and

(b)   must conduct the aerotowing operations in accordance with the relevant processes and procedures mentioned in the Aerotowing Manual.

Note   For the processes and procedures mentioned in paragraph 5 (b) that are most relevant to conducting aerotowing operations, see sections 2, 3, 4, 8, 9, 10, 11, 12 and 13 of the Aerotowing Manual.

6          Directions — CAR paragraph 150 (2) (a)

        (1)     A pilot to whom this instrument applies must drop a rope or fitting used for towing a glider:

(a)   in accordance with the relevant processes and procedures mentioned in the Aerotowing Manual; and

(b)   in a manner that minimises hazard to persons, animals or property.

Note   For the processes and procedures mentioned in paragraph 6 (1) (a) that are most relevant to dropping a rope or fitting used for towing a glider, see paragraphs 3.4.6, 10.1.17 and 11.2.5 of the Aerotowing Manual.

        (2)     GFA must amend the Aerotowing Manual only in accordance with the prior written approval of CASA.

7          Exemptions — CASR regulation 11.160

        (1)     A pilot to whom this instrument applies is exempt from compliance with CAO 29.5.

        (2)     A pilot to whom this instrument applies is exempt from compliance with subregulation 166A (1) of CAR to the extent that the subregulation requires the pilot to comply with the following rules for aircraft being operated on the manoeuvring area, or in the vicinity of, a non-controlled aerodrome:

(a)   the rule, mentioned in paragraph 166A (2) (d) of CAR, that the pilot in command of an aircraft must, after joining the circuit pattern for a landing at the aerodrome, make all turns in accordance with subregulation 166A (3); and

(b)   the rule, mentioned in paragraph 166A (2) (e) of CAR, that the pilot in command of an aircraft must, after taking off from the aerodrome, make all turns in accordance with subregulation 166A (3) while the aircraft is flying in the circuit pattern for the aerodrome; and

(c)   the rule, mentioned in paragraph 166A (2) (f) of CAR, that subject to subregulation 166A (4), the pilot in command of an aircraft who takes off from the aerodrome must maintain the same track from the take-off until the aircraft is 500 feet above the terrain.

Note   Subregulation 166A (4) of CAR provides that the rule in paragraph 166A (2) (f) does not apply if a change to the track is necessary to avoid the terrain.

        (3)     The exemptions in subsections (1) and (2) are subject to the conditions mentioned in section 8.

8          Conditions — CASR regulation 11.205

        (1)     A pilot to whom this instrument applies must ensure safe separation from other aircraft and persons on the ground:

(a)   after taking off from the runway; and

(b)   while flying in the circuit pattern for the aerodrome; and

(c)   after joining the circuit pattern for landing at the aerodrome.

        (2)     A pilot to whom this instrument applies may change the track of a tow aircraft while the tow aircraft is less than 500 feet above the terrain only to the extent necessary to keep the tow aircraft and glider in tow within gliding distance of terrain that is suitable for landing.