Civil Aviation Amendment Order (No. R25) 2004
as amended

made under subregulation 150 (2) of the Civil Aviation Regulations 1988.

This compilation was prepared on 15 January 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

Prepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

1 Name of Order

 This Order is the Civil Aviation Amendment Order (No. R25) 2004.

2 Commencement

 This Order commences on gazettal.

3 Replacement of section 29.5 of the Civil Aviation Orders

 Section 29.5 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 29.5 of the Civil Aviation Orders

Section 29.5

Air service operations — miscellaneous dropping of articles from aircraft in flight

1 Application

 This section applies to all Australian aircraft except those aircraft engaged in aerial application operations or aerial application training operations.

1A Definitions

 In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

aerial application training operation means flight training for aerial application operations.

2 Directions relating to dropping of articles

 2.1This subsection deals with directions for the purposes of paragraph 150 (2) (a) of the Civil Aviation Regulations 1988.

 2.2In respect of dropping for the purposes of cloud seeding or search and rescue operations, the directions set out in subsections 4 and 5 apply.

 2.3In respect of dropping for the purposes of search and rescue training operations, the directions set out in subsections 3, 4 and 5 apply.

 2.3.1In respect of the release of liquid fuel, the directions set out in subsection 8 apply.

 2.4In respect of dropping for purposes other than those mentioned in paragraphs 2.2, 2.3 and 2.3.1, the directions set out in subsections 3, 4, 5 and 7 apply.

Note 1   The directions specified in this Order do not confer any rights as against the owner of any land over which the operations may be conducted, or prejudice in any way the rights and remedies which any person may have in common law in respect of any injury to persons or damage to property caused directly or indirectly during the operations.

3 Dropping site

 Dropping shall not be carried out within a control zone, within an aircraft lane of entry, or within 5 miles of a Government or licensed aerodrome, without the approval of CASA.

4 Dropping requirements

 4.1The articles or substances shall be carried inside the aircraft or in a manner specified in the flight manual or otherwise approved by CASA.

 4.2The opening through which the articles or substances are dropped shall be located so that the articles or substances, on release, will not damage or affect the operation of any part of the aircraft.

 4.3The size to weight ratio of individual articles shall be such that they will drop readily away from the aircraft.

 4.4For articles other than leaflets or substances not in the form of liquid, powder or fine grains, the dropping site shall be of such dimensions that there is no risk of the articles or substances falling outside the site.

 4.5Articles, other than leaflets or substances not in the form of liquids, powder or fine grains, shall not be dropped on a site unless it is clear of persons and stock.

 4.6The size of the leaflets and the number dropped at any one time shall be limited to an extent which will ensure that injury is not caused to persons on the ground if the leaflets fail to separate while dropping.

 4.7The dropping of articles or substances shall be controlled by a person other than the pilot in command (hereinafter referred to as the despatcher), unless the dropping can be carried out by the pilot in command from his normal crew station and without affecting his ability to control the aircraft normally.

 4.8Effective communication shall be maintained between the pilot in command and the despatcher during the dropping operation and the articles or substances shall be dropped only with the consent of the pilot in command.

Note   In this Order, dropping operation means that part of the flight during which the aircraft is on the final approach path to the dropping site or target, and during which only minor changes of heading, airspeed and altitude are made.

 4.9The pilot in command shall ensure that movement of articles or substances during flight preparatory to dropping, during the dropping and after the dropping will not result in any change in aircraft trim that could cause an unsafe condition or cause the aircraft’s centre of gravity to move outside permissible limits.

 4.10The operator shall ensure that the despatcher is properly instructed in his duties.

 4.11The pilot in command must be authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct the activity.

5 Carriage of articles and persons

 5.1The carriage of articles or substances prior to dropping shall be in accordance with section 20.16.2.

 5.2Except with the permission of CASA, no person other than the persons having duties relating to the operation shall be carried in an aircraft engaged in operations during which dropping is carried out.

 5.3During dropping operations, each person on board except despatchers shall occupy a separate seat equipped with an approved safety belt or harness which shall be worn adjusted to ensure adequate restraint.

 5.4Where the dropping aperture is large enough for a person to fit through, all occupants except despatchers shall remain seated whenever the aperture is open.

 5.5A despatcher need not be provided with a seat but a position where he may sit shall be provided and equipped with an approved safety belt or harness.

 5.5.1A despatcher shall remain seated and wear a safety belt or harness adjusted to ensure adequate restraint:

(a) during take-off and landing; and

(b) during an instrument approach.

 5.5.2Except during dropping operations a despatcher shall remain seated and wear a safety belt or harness adjusted to ensure adequate restraint:

(a) in turbulent conditions; and

(b) when the aircraft is flying at a height of less than 100 feet above the terrain.

 5.6A despatcher shall wear approved restraint equipment during dropping operations and this equipment may permit him to move to but not through the dropping aperture.

6 Low flying permit

 6.1Subject to subsection 7 and pursuant to paragraph 157 (4) (b) of the Civil Aviation Regulations 1988, CASA grants a general permit:

(a) to each owner and operator of an aeroplane that is engaged in private, or aerial work, operations that require low flying (being dropping operations associated with search and rescue training) to fly at a height not lower than 100 feet during such operations; and

(b) to each owner and operator of an aircraft (other than an aeroplane) that is engaged in private, or aerial work, operations, being:

 (i) dropping operations associated with search and rescue training; or

 (ii) other dropping operations or practice for such operations;

 to fly at a height lower than 500 feet during such operations over any area that is not a populous area.

7 Operating conditions

 7.1An aircraft must not fly over any populous area at a height lower than 1 000 feet above the terrain, unless a flight at a lower height is essential to the efficient conduct of a dropping operation and such an operation is occasioned by an emergency.

 7.2Except with the permission of CASA, dropping operations shall be conducted by day only, in accordance with visual flight rules, and in continuous sight of the ground or water.

8 Directions relating to the release of liquid fuel

 8.1If paragraph 150 (2) (d) of the Civil Aviation Regulations 1988 does not apply, a pilot in command may only release fuel in accordance with the Air Navigation (Fuel Spillage) Regulations 1999.

Notes to Civil Aviation Order 29.5

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 29.5 amended as indicated in the Tables below.

Table of Orders

Table A Application, saving or transitional provisions

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

3 Definitions

 (1) In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

 (2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31 Transitional — application of Civil Aviation Orders

 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.