CASA EX07/24

Instrument number CASA EX07/24

I, STEVEN JAMES CAMPBELL, Executive Manager National Operations and Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Campbell]

Steven Campbell
Executive Manager National Operations and Standards

21 February 2024

CASA EX07/24 — Low‑level Operations (Air Displays and Aerobatic Manoeuvres) Exemption 2024

1 Name

This instrument is CASA EX07/24 — Low‑level Operations (Air Displays and Aerobatic Manoeuvres) Exemption 2024.

2 Duration

This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 31 January 2027.

3 Definition

Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aerobatic manoeuvres, air display, Australian territory, pilot in command, populous area and public gathering.

In this instrument:

low‑level operation has the meaning given by regulation 61.010 of CASR.

4 Exemptions

(1) The exemptions stated in subsection (3) apply to a pilot (the pilot) of an aircraft who:

(a) does not hold any of the following:

(i) a low‑level rating;

(ii) an aerial application rating;

(iii) an aerobatics (unlimited) flight activity endorsement; and

(b) is conducting a low‑level operation:

(i) at an air display in Australian territory approved by CASA under regulation 91.045 of CASR for the purposes of regulation 91.180 of CASR; or

(ii) during 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.

(2) To remove doubt, but without limiting subparagraph (1)(b)(ii), the exemptions stated in subsection (3) apply to a pilot of an aircraft who is conducting a low‑level operation during 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 is exempt from compliance with the following provisions in relation to the operation:

(a) subregulation 61.065(1) of CASR, to the extent that it prohibits the pilot from conducting a low‑level operation because the pilot does not hold either a low‑level rating or aerial application rating;

(b) subregulation 61.375(7) of CASR, but only in relation to item 5 of Table 61.375 of CASR.

(4) The exemptions stated in subsection (6) apply to a pilot (also the pilot) of an aircraft who:

(a) holds an aerobatics (unlimited) flight activity endorsement; and

(b) does not hold any of the following:

(i) a low‑level rating;

(ii) an aerial application rating; and

(i) at an air display in Australian territory approved by CASA under regulation 91.045 of CASR for the purposes of regulation 91.180 of CASR; or

(ii) during 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; or

(iii) for the purpose of practising aerobatic manoeuvres with the aircraft.

(5) To remove doubt, but without limiting subparagraph (4)(c)(ii), the exemptions stated in subsection (6) apply to the pilot of an aircraft who is conducting a low‑level operation during 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.

(6) The pilot is exempt from compliance with the following provisions in relation to the operation:

(b) subregulation 61.375(7) of CASR, but only in relation to item 5 of Table 61.375 of CASR.

(7) The exemption stated in subsection (9) applies to the pilot in command (the pilot in command) of an aircraft who:

(a) holds an aerobatics (unlimited) flight activity endorsement; and

(b) does not hold any of the following:

(i) a low‑level rating;

(ii) an aerial application rating; and

(i) at an air display in Australian territory approved by CASA under regulation 91.045 of CASR for the purposes of regulation 91.180 of CASR; or

(ii) during 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; or

(iii) for the purpose of practising aerobatic manoeuvres with the aircraft.

(8) To remove doubt, but without limiting subparagraph (7)(c)(ii), the exemption stated in subsection (9) applies to the pilot in command of an aircraft who is conducting a low‑level operation during 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.

(9) The pilot in command is exempt from compliance with subregulation 91.267(2) of CASR, in relation to the operation, if:

(a) the operation involves the aircraft being flown other than over a populous area or public gathering; and

(b) the pilot in command is not authorised under Part 61 of CASR, or does not hold an approval under regulation 91.045 of CASR, to fly the aircraft below the height mentioned in paragraph 91.267(2)(a) of CASR.

(10) The exemptions stated in subsections (3) and (6) are subject to the condition stated in subsection 5(1).

(11) The exemption stated in subsection (9) is subject to the conditions stated in subsections 5(1), (2) and (3).

5 Conditions

(1) The pilot, or pilot in command, must comply with any conditions of an approval, if relevant to the operation, mentioned in subparagraph 4(1)(b)(i), (4)(c)(i) or (7)(c)(i), as applicable.

(2) The pilot in command must, before conducting the operation, conduct a risk assessment of the area to be flown over during the operation.

(3) The pilot in command must ensure that the point on the ground, or water, vertically below the aircraft, during the operation, is not within 150 m of a person, vessel, vehicle or structure, or of livestock.