CASA EX111/13

Instrument number CASA EX111/13

I, terence LINDSAY farquharson, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed T. Farquharson]

Terry Farquharson
Deputy Director of Aviation Safety

31 October 2013

Exemption — Sydney Jabiru Flying School solo flight training at Bankstown aerodrome

1 Duration

This instrument:

(a) commences on the day of registration; and

(b) stops having effect at the end of 30 September 2016, as if it had been repealed by another instrument.

2 Application

This instrument applies to each solo flight:

(a) using an ultralight aeroplane registered with Recreational Aviation Australia Incorporated (RAA), Aviation Reference Number (ARN) 224806, at Bankstown aerodrome (International Civil Aviation Organization code: YSBK); and

(b) by:

(i) a student under the control of Sydney Jabiru Flying School Pty Ltd, ARN 802259 (the operator); or

(ii) a pilot under the control of the operator for the operation and carrying out of training sequences authorised by the operator’s chief flying instructor (CFI).

3 Exemption

The operator is exempt from complying with the following provisions of the Civil Aviation Regulations 1988 (CAR 1988) when conducting solo flight operations:

(a) Parts 4, 4A, 4B, 4C, 4D and 5;

(b) regulation 37;

(d) subregulation 242 (2);

(e) regulations 252, 252A and 258.

4 Conditions

The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1 Conditions

1 The aeroplane:

(a) may only be operated by a person, as pilot in command, who holds at least a valid student pilot certificate; and

(b) subject to this Schedule, must be operated in accordance with:

(i) the privileges and limitations of the certificate; and

(ii) the RAA Operations Manual; and

(d) must be fitted with at least a serviceable VHF radio capable of two-way communication with Air Traffic Control (ATC); and

(e) must not have been modified unless:

(i) the design of the modification has been approved by the manufacturer or has been approved under Subpart 21.M of CASR 1998; or

(ii) in the case of an aircraft to which regulation 21.186 applies, has been approved by the manufacturer only; and

(f) may only be flown in daylight hours:

(i) in V.M.C.; or

(ii) under special V.F.R. as proposed by ATC; and

(g) must not be flown over a built-up area at a height from which it cannot glide clear of all dwellings, buildings and persons within the built-up area; and

(h) must not be flown in acrobatic flight; and

(i) may be flown inside controlled airspace only if the aeroplane:

(i) is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order (CAO) 101.55 applies or that CASA has approved as being suitable for use in the aircraft without any conditions; and

(ii) if the pilot plans to land at, or take off from, an aerodrome at which it is required to be fitted with a transponder — is fitted with a transponder suitable for use at the aerodrome; and

(j) may be flown inside controlled airspace only if the transponder that is fitted to the aeroplane is maintained in accordance with CASA AD/RAD/47 current at the time of this instrument.

2 For paragraph 1 (d), the radiotelephone equipment may only be used by a person who holds a valid flight radiotelephone operator licence or an RAA radio operator endorsement.

3 The person conducting the flight training must hold a valid RAA flight instructor rating issued by the RAA and at least a valid private pilot (aeroplane) licence endorsed to allow the holder to fly inside the controlled airspace.

4 Each pilot in command must hold at least a class 2 medical certificate.

5 As soon as possible after an incident or accident, the operator’s CFI must report it to:

(a) the Australian Transport Safety Bureau; and

(b) the Section Head, Self-Administering Sports Aviation Organisations Section, CASA; and

6 The operator may use the RAA syllabus for instructing students, and:

(a) must ensure that the instructor enters the airspace certification in each student’s log book; and

(b) must ensure that first solo flights are authorised in writing by the operator’s CFI who holds:

(i) a valid senior RAA flight instructor rating; and

(ii) a valid private pilot (aeroplane) licence that allows the holder to fly inside the controlled airspace; and

7 The operator must allow CASA to carry out audits of its records and facilities to ensure that it is complying with the requirements of this exemption.

8 The aeroplane must:

(a) be certified to the design standards mentioned in CAO 101.55; or

(b) meet the criteria mentioned in subregulation 21.024 (1) or 21.186 (1) of CASR 1998.