Instrument number CASA EX18/22
I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
18 March 2022
1 Name
This instrument is CASA EX18/22 — Amendment of CASA EX81/21 (Air Display Practice Flights and Part 173 Validation Flight Checks) Instrument 2022.
2 Commencement
This instrument commences on 18 March 2022.
3 Amendment of CASA EX81/21
Schedule 1 amends CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.
Schedule 1 Amendments
[1] After section 20
insert
20A Practice flights for air displays in Australian territory — exemption
(1) This section applies to each pilot in command of an aircraft for a flight that is solely and demonstrably a practice flight in Australian territory for an actual or anticipated air display to be conducted in Australian territory (a practice flight).
(2) To avoid doubt, but without affecting subsection (1), the pilot in command of an aircraft may conduct a practice flight to become competent for an actual or anticipated air display before receiving the display organiser’s approval to participate in the display.
(3) The pilot in command is exempted from compliance with the following provisions of CASR:
(a) regulation 91.090 — but only if, during the practice flight, the aircraft is not operated in a manner that creates a hazard to another aircraft, a person or property;
(b) regulation 91.190 — but only if:
(i) the operator of the aircraft does not hold an aerial work certificate authorising dispensing operations; and
(ii) the operation is conducted in VMC; and
(iii) sections 13.02, 13.04 and 13.05 of the Part 138 Manual of Standards are complied with as if they applied to the practice flight, and:
(A) references to an operator of any kind are taken to be references to the pilot in command; and
(B) references to an aerial work operation are taken to be references to the practice flight conducting the dropping; and
(C) references to aerial work passengers are taken to be references to passengers; and
(iv) section 16.03 of the Part 138 Manual of Standards is complied with as if the practice flight were a dispensing operation, and:
(A) subsections 16.03 (1) and (8) have no application; and
(B) references to ESO have no application; and
(C) references to a task specialist are taken to be references to “a crew member competent to perform the dropping task to the satisfaction of the pilot in command”;
(c) subregulation 91.455 (2), to the extent of the requirements in section 19.04 of the Part 91 Manual of Standards that an aircraft must carry on board the aircraft final reserve fuel — but only if:
(i) it is operationally necessary for the aircraft to carry out the practice flight without the final reserve fuel being carried; and
(ii) the pilot in command has taken reasonable steps to ensure that the aircraft carries sufficient fuel to enable the proposed practice flight to be undertaken safely;
(d) the following provisions, namely:
but only if:
(i) for a practice flight being conducted in controlled airspace — the pilot in command of the aircraft has specific, demonstrable and formal arrangements in place with the Air Traffic Services responsible for the airspace, to ensure separation between the pilot’s aircraft carrying out the practice flight and other aircraft in the airspace; and
(ii) for a practice flight being conducted in uncontrolled airspace — the pilot in command of the aircraft has specific and demonstrable arrangements in place to advise aircraft not involved in the practice flight that:
(A) the practice flight is occurring; and
(B) the pilot in command of the aircraft carrying out the practice flight may not be actively monitoring the relevant radio frequency for the airspace or making the required radio calls; and
(iii) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that a ground communications station (the station) is operating during the practice flight that:
(A) is capable of advising other aircraft that are operating in the vicinity of the aerodrome of the activities, location and direction of the practice flight; and
(B) has a radio operator, to conduct any radio communications, who is authorised under Part 61 or Part 64 of CASR to transmit on an aviation safety radio frequency; and
(C) is active on a VHF frequency different to the common traffic advisory frequency (CTAF) that is monitored by the pilot in command during the flight (a separate VHF frequency), and is also active on the CTAF; and
(D) commences operations at least 10 minutes before the flight begins and continues throughout the duration of the flight; and
(iv) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the aircraft used for the flight is fitted with, or carrying, an operative VHF radio transceiver; and
(v) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft monitors the separate VHF frequency during the conduct of a practice flight, unless the flight has ceased, or has not started or resumed, in accordance with subparagraph (vi) or (vii); and
(vi) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the practice flight ceases 10 minutes before the expected arrival time at the aerodrome of any scheduled air transport operation; and
(vii) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the practice flight is not started or resumed until:
(A) a period of 10 minutes has elapsed after the departure of any scheduled air transport operation; or
(B) an aircraft conducting a scheduled air transport operation is more than 10 nautical miles away from the aerodrome reference point of the aerodrome.
Note If the pilot in command must cease a practice flight, then the radio monitoring, reporting and broadcast rule variances permitted by this exemption also cease, and the pilot in command must resume radio monitoring, reporting and broadcasting in accordance with Part 91 requirements until the variances are permitted to resume.
(4) Each exemption under subsection (3) is subject to the conditions in subsections (5), (6) and (7).
(6) The pilot in command must, before a practice flight begins, demonstrate that the proposed flight is solely and demonstrably a practice flight, if so requested in writing by a CASA officer.
(6) The pilot in command must, within 3 months of completion of a practice flight, demonstrate that the flight was solely and demonstrably a practice flight, if so requested in writing by a CASA officer.
[2] After section 23
insert
24 Validation of terminal instrument flight procedures — minimum height rules — exemption
(1) In this section:
CASA pilot has the meaning given by subregulation 173.095 (2) of CASR.
validation flight check has the meaning given by subregulation 173.095 (2) of CASR.
(2) This section applies to each of the following (a relevant person):
(a) a CASA pilot who, as the pilot in command, conducts a validation flight check for regulation 173.095 of CASR;
(b) a person who, as the pilot in command, conducts a validation flight check for a terminal instrument flight procedure for regulation 173.095 of CASR, in the circumstance mentioned in paragraph 7.1.24.3 of the Part 173 MOS.
(3) A relevant person is exempted from compliance with the following subregulations of CASR:
(a) 91.265 (2);
(b) 91.265 (3);
(c) 91.265 (5);
(d) 91.267 (2);
(e) 91.267 (4).
(4) Each exemption under subsection (3) is subject to the condition that the validation flight check must be conducted in accordance with the applicable standards set out in Chapter 7 of the Part 173 Manual of Standards.