Instrument number CASA EX30/17
I, GERARD JOHN CAMPBELL, Safety Assurance Senior Manager, Aviation Group, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998 (CASR).
Gerard J. Campbell
Safety Assurance Senior Manager
Aviation Group
21 February 2017
Exemptions, authorisation and directions — solo flight training at Archerfield Aerodrome using ultralight aeroplanes registered with Recreational Aviation Australia
1 Duration
(1)This instrument commences on the day of registration.
(2)Sections 4 and 5, and subsections 6 (1) and (2), of this instrument are repealed at the earlier of the following:
(a) the repeal of Civil Aviation Order (CAO) 95.55;
(b) the end of 31 January 2020.
(3) This instrument, other than sections 4 and 5 and subsections 6 (1) and (2), is repealed at the end of 31 January 2025.
2 Definitions
Note In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including: AIP, flight crew licence, medical certificate, pilot licence, pilot certificate, recreational aviation medical practitioner’s certificate (RAMPC) and solo.
In this instrument:
Pathfinder means Pathfinder Aviation Pty Ltd, ARN 808177.
Pathfinder instructor means a flight instructor under the control of Pathfinder that instructs an RAA student pilot or RAA pilot.
RAA means Recreational Aviation Australia Incorporated, ARN 224806.
RAA pilot means the holder of a valid pilot certificate issued by RAA.
RAA student pilot means the holder of a valid student pilot certificate issued by RAA.
3 Application
This instrument applies to an ultralight aeroplane registered with RAA if it is flown in a solo flight at Archerfield aerodrome (CASA certificate number 1‑WYTEH) in controlled airspace (the operation) by:
(a) an RAA student pilot under the control of Pathfinder; or
(b) an RAA pilot under the control of Pathfinder conducting solo training sequences authorised by Pathfinder’s chief flying instructor (CFI).
4 Exemptions
(1)An aeroplane to which this instrument applies is exempt from complying with CASR and the following provisions of the Civil Aviation Regulations 1988:
(a) Parts 4, 4A, 4B, 4C and 4D;
(b) regulations 133, 139, 157, 207, 208 and 230;
(c) subregulation 242 (2);
(d) regulations 252 and 258.
(2) The exemptions are subject to the conditions in Schedule 1.
5 Authorisation
For section 20AB of the Civil Aviation Act 1988, a person conducting the operation is authorised to perform a duty essential to the operation of an aeroplane to which this instrument applies without holding a flight crew licence.
6 Directions
(1)In relation to the operation, Pathfinder is directed to:
(a) ensure that the operation is authorised in writing by the CFI; and
(b) ensure that the CFI and Pathfinder instructor hold a valid RAA flight instructor rating and a valid pilot licence that allows the holder to fly inside controlled airspace; and
(c) as soon as possible after an aviation accident or incident involving an aeroplane engaged in the operation, report the accident or incident to:
(i) the Australian Transport Safety Bureau; and
(ii) the Team Leader Sport Aviation, CASA; and
(iii) the RAA.
Note Reports to the Team Leader Sport Aviation, CASA, may be sent by email to sport@casa.gov.au.
(2)If Pathfinder uses the Part 61 Manual of Standards or the RAA syllabus for instructing an RAA student pilot or RAA pilot for the operation, the CFI is directed to ensure that, before permitting the RAA student pilot or RAA pilot to conduct the operation:
(a) the RAA student pilot or RAA pilot has been assessed as competent to the standards specified in the Part 61 Manual of Standards for:
(i) the controlled aerodrome endorsement; and
(ii) the controlled airspace endorsement relevant to the operation; and
(iii) the flight radio endorsement; and
(b) the attainment of competency of the endorsements mentioned in paragraph 6 (2) (a) is entered in the RAA student pilot’s or RAA pilot’s logbook.
(3)Pathfinder is directed to:
(a) retain evidence of compliance with subsections (1) and (2), and clause 3 of Schedule 1, for a period of not less than 5 years from the date of the operation; and
(b) allow CASA to carry out audits of its records and facilities to ensure that the requirements of this instrument are being complied with.
Schedule 1 Conditions
1 The aeroplane:
(a) must be operated in accordance with the privileges and limitations of:
(i) the student pilot certificate held by the RAA student pilot; and
(ii) the pilot certificate held by the RAA pilot; and
(b) must have any fitted transponder maintained in accordance with clause 14 of Appendix 1 to CAO 100.5 as in force from time to time; and
(c) must be fitted with a transponder suitable for use at the aerodrome from which the RAA student pilot or RAA pilot plans to land or take off in accordance with the requirements for the fitting of transponders for operations in controlled airspace published in the AIP, as it exists from time to time.
Note Paragraph 6.1.1 of GEN 1.5 (aircraft instruments, equipment and flight documents) of the AIP Book currently sets out the transponder requirements for operations in controlled airspace.
2 The RAA student pilot and RAA pilot must comply with the conditions in subsections 4, 6, 7 and 8 of CAO 95.55 as in force from time to time, excluding subparagraphs 7.3 (d) and (e) as in force from time to time.
3 The pilot in command of the aeroplane must hold a class 1 or class 2 medical certificate or a recreational aviation medical practitioner’s certificate (RAMPC) approved by CASA.