Instrument number CASA EX46/22
I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
26 May 2022
1 Name
This instrument is CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022.
2 Commencement
This instrument commences on the day it is registered.
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] Subsection 20A (6) (second occurring)
renumber as (7)
[2] After section 20A
insert
20B Aerobatic activities in the vicinity of a non-controlled aerodrome — exemptions and directions
(1) In this section, words and phrases have the same meaning as in the Act and the regulations, unless the contrary intention appears.
(2) In this section:
aerobatic activity means any of the following that is a Club activity:
(a) training in aerobatic manoeuvres;
(b) practice for, or participation in, a competition involving the conduct of aerobatic manoeuvres, provided that the competition is not, or is not part of, an air display.
Note For air displays and practice for air displays, see sections 20 and 20A. Aerobatic activity, in the form of, or for the purposes of, an air display or practice for an air display must comply with section 20 or 20A, as applicable.
aerobatic box means the volume of airspace, as published in a relevant NOTAM, that may be used by the pilot in command of an aircraft while conducting an aerobatic activity.
Note For aerobatic boxes, see subparagraph (7) (o) (iv).
arrival, of an aircraft at an aerodrome, means entry of the aircraft into the airspace in the vicinity of a non-controlled aerodrome for the purpose of landing at the aerodrome.
Note The expression in the vicinity of a non-controlled aerodrome is defined in regulation 91.360. See paragraph (7) (f) for the non-controlled aerodrome that is relevant for the Club’s aerobatic activities.
Club, in relation to an aerobatic activity, means the Australian Aerobatic Club, ARN 802745, and each of the following persons who organise the aerobatic activity:
(a) Australian Aerobatic Club (Queensland Chapter) Limited, ACN 010 322 353;
(b) Australian Aerobatic Club Adelaide Chapter Incorporated, registration number SA A5798;
(c) Australian Aerobatic Club – Victorian Chapter (Inc), registration number VIC A0042562P;
(d) Australian Aerobatic Club (New South Wales Chapter) Incorporated, registration number NSW INC9889911;
(e) Aerobatics Association of WA Incorporated, registration number A1011312P.
Club activity means aerobatic activity that:
(a) is organised by the Club; and
(b) is not advertised to the public.
pilot in command means the pilot in command of an aircraft participating in an aerobatic activity to which this section applies.
relevant NOTAM means a NOTAM mentioned in subparagraph (7) (o) (iv).
(3) This section applies to the following persons in relation to aerobatic activity in the vicinity of a non-controlled aerodrome:
(a) the Club;
(b) the pilot in command.
(4) The pilot in command is exempted from compliance with the following provisions when flying the aircraft in an aerobatic box nominated by the Club:
(a) subregulations 91.375 (1) and (3) of CASR, but only to the extent of paragraphs 91.375 (2) (a) and (c);
(b) paragraphs 91.375 (2) (a) and (c);
(c) regulations 91.630 and 91.640.
(5) Each exemption in subsection (4) is subject to the following conditions:
(a) the pilot in command must be aware of all Club rules and procedures before conducting aerobatic activity;
(b) the pilot in command must comply with all Club rules and procedures for aerobatic activity, as in force or existing from time to time;
(c) if the pilot in command has reason to believe that the Club is failing to comply with any of the requirements for aerobatic activity imposed on the Club by this section, the pilot must comply with the following provisions:
(i) paragraphs 91.375 (2) (a) and (c);
(ii) regulations 91.630 and 91.640.
Note The requirements imposed on the Club by this section are the CASA directions under subsections (6) and (7).
(6) For regulation 11.245 of CASR, the Club must comply with the directions mentioned in subsection (7).
(7) The Club must do the following:
(a) develop and maintain written rules and procedures that implement the requirements of this section as they apply to the Club and to pilots in command;
(b) include the details of this section in the rules and procedures;
(c) use appropriate means to make all Club rules and procedures known to pilots in command participating in aerobatic activity;
(d) promptly give CASA a copy of the rules and procedures, on request;
(e) appoint, in writing, a Competition Coordinator for all aerobatic activity;
(f) acting through the Competition Coordinator, ensure that a ground communications station (the station) is established at the non-controlled aerodrome that is relevant for the aerobatic activity;
(g) acting through the Competition Coordinator, ensure that the station:
(i) operates on each day that an aerobatic activity takes place, in order to advise other aircraft operating in the vicinity of the non-controlled aerodrome of:
(A) the aerobatic activity; and
(B) the location and direction of the participants in the aerobatic activity; and
(ii) has a radio operator who:
(A) conducts any radiocommunications; and
(B) is authorised under Part 61 or 64 of CASR to transmit on an aviation safety radio frequency; and
(C) monitors both the VHF frequency nominated by the Club, and the CTAF; and
(D) makes broadcasts and reports on these frequencies, as required by the Club rules and procedures, and when reasonably necessary to avoid the risk of accidents or incidents involving other aircraft;
(iii) commences operations at least 10 minutes before aerobatic activity begins and continues throughout the duration of the aerobatic activity;
(h) acting through the Competition Coordinator, ensure that only aircraft carrying serviceable VHF radio transceivers are allowed to participate in the aerobatic activity;
(i) acting through the Competition Coordinator, ensure that aerobatic activities stop at least 10 minutes before the expected arrival time at the aerodrome of any scheduled air transport operation;
(j) acting through the Competition Coordinator, ensure that aerobatic activities are not started or resumed until the later of the following:
(i) 10 minutes after the departure of any scheduled air transport operation;
(ii) when any scheduled air transport operation is no longer in the vicinity of the non-controlled aerodrome;
Note The expression in the vicinity of a non-controlled aerodrome is defined in regulation 91.360.
(k) acting through the Competition Coordinator, ensure that radio operations on the VHF frequency nominated by the Club:
(i) cease before the arrival at the aerodrome of any scheduled air transport operation; and
Note The term arrival is defined in subsection (2).
(ii) do not resume until the later of:
(A) 10 minutes after the departure of any scheduled air transport operation; and
(B) the point in time when any scheduled air transport operation is no longer in the vicinity of the non-controlled aerodrome;
(l) acting through the Competition Coordinator, ensure that the pilot in command of any aircraft that was participating in the aerobatic activity and that is still in flight is told immediately if the station has ceased operations;
Note If the station ceases operating, then paragraph (7) (g) is no longer complied with and the pilot in command is, therefore, no longer exempted from paragraphs 91.375 (2) (a) and (c), and regulations 91.630 and 91.640.
(m) acting through the Competition Coordinator, ensure that the pilot in command of any aircraft taking part in an aerobatic activity:
(i) monitors the CTAF at times other than when flying in the aerobatic box; and
(ii) monitors the CTAF if so advised by the radio operator at the station;
(n) acting through the Competition Coordinator, ensure that, on each day that the aerobatic activity takes place, participants in an aerobatic activity are briefed on the following:
(i) the location and dimensions of the aerobatic box for the activity;
(ii) when a frequency change is permitted to a frequency other than the CTAF;
(iii) the rules and procedures to comply with this section;
(iv) any requirements for operating in the aerobatic box;
(v) procedures if a radiocommunication with the station fails;
(o) not later than 5 working days before the commencement of an aerobatic activity, give CASA the following:
(i) notice of its intention to organise the activity;
(ii) the name, ARN and mobile telephone number of the person appointed by the Club as the Competition Coordinator for the aerobatic activity;
(iii) the location of the non-controlled aerodrome and the rules and procedures, including the CTAF, to be used;
(iv) details of the aerobatic activity that are to be published in a NOTAM, including the operating times of the activity and the location and boundaries of the aerobatic box.
(8) For regulation 11.250 of CASR, the directions in subsection (7) cease to be in force at the earlier of:
(a) the day this section is repealed; and
(b) 2 December 2024.
[3] Paragraph 24 (2) (b)
repeal and substitute
(b) a person who, as the pilot in command, conducts a flight during which a validation flight check for a terminal instrument flight procedure for regulation 173.095 of CASR is carried out, in the circumstance mentioned in paragraph 7.1.24.3 of the Part 173 MOS.
[4] After section 24
insert
25 Experimental aircraft and approval for flight over populous areas and public gatherings — exemptions
(1) This section applies to the operator and the pilot in command of an aircraft that has been issued with an experimental certificate that is in force (the relevant aircraft).
(2) For the flight of a relevant aircraft, the operator and pilot in command are each exempted from compliance with subregulations 91.875 (1) and (3) of CASR, but only to the extent of:
(a) so much of paragraph 91.875 (2) (f) as applies to a populous area that is not the built-up area of a city or a town; and
Note The effect of paragraph (a) is that there is no exemption from the requirements of paragraph 91.875 (2) (f) for flight over the built-up area of a city or town. Therefore, appropriate approval must exist for flight over a built-up area. The approval may be under item 10 of the Table in regulation 202.416 of CASR, or under regulation 91.045 or 91.050 for regulation 91.875 (2) (f).
(b) paragraph 91.875 (2) (g).
(3) It is a condition of the exemption in paragraph (2) (b) that the relevant aircraft must be passing over a public gathering only for the purpose of:
(a) arrival at or departure from an aerodrome, in the course of normal navigation; or
(b) transit, in the course of normal navigation.
26 Experimental aircraft glider towing — exemption
(1) This section applies to the operator of an aircraft (an exempted aircraft):
(a) for which an experimental certificate has been issued for a purpose mentioned in paragraph 21.191 (g), (h), (j) or (k) of CASR; and
(b) that was subsequently approved for glider towing by the Gliding Federation of Australia Inc, ARN 217932 (the GFA).
(2) The operator is exempted from compliance with subregulations 91.875 (1) and (3), but only to the extent that paragraph 91.875 (2) (d) does not apply to a flight that is a glider towing operation.
Note The effect of paragraph 91.875 (2) (d) is that the use of an experimental aircraft is lawful only if that use is limited to certain prescribed purposes mentioned in regulations 21.191 and 91.880, neither of which mentions glider towing. The effect of the exemption is, therefore, to permit experimental aircraft glider towing, but only in accordance with this section.
(3) The exemption in subsection (2) is subject to the condition that the operator must:
(a) be a member of the GFA; and
(b) comply with the GFA’s membership rules for glider towing as they exist or are in force from time to time.