Civil Aviation Order 95.4.1 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gliders engaged in charter operations (12/12/2004) (Cth)

Civil Aviation Order 95.4.1 (as amended)

made under regulation 308 of the Civil Aviation Regulations 1988. This compilation was prepared on 29 March 2013 taking into account amendments up to Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1). Prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

Contents

Section 95.4.1 (Exemption from provisions of the Civil Aviation Regulations 1988 — gliders engaged in charter operations) Page

1 Interpretation 2 Exemption 3 Licence not required 4 Issue of charter glider authorisation 5 Conditions applicable to the holder of a charter glider authorisation 6 Conditions applicable to the operator of charter glider flights Appendix 1 6 Notes to Civil Aviation Order 95.4.1

Section 95.4.1 Exemption from provisions of the Civil Aviation Regulations 1988 — gliders engaged in charter operations

1 Interpretation 1.1In this section, unless the contrary intention appears: CFI means: (a) the operator's chief flying instructor; or (b) the operator's instructor panel chairperson. GFA means the Gliding Federation of Australia (A.C.N. 008 560 263). glider means: (a) a sailplane; or (b) a power-assisted sailplane; or (c) a powered sailplane. glider pilot means a person who: (a) is a member of the GFA; and (b) holds a C gliding certificate issued by the GFA. level 2 GFA instructor means a person who holds a level 2 instructor authorisation issued by the GFA. operator means an incorporated gliding club which: (a) is affiliated with the GFA; and (b) engages in charter operations. power-assisted sailplane has the same meaning as in section 95.4. powered sailplane has the same meaning as in section 95.4. sailplane has the same meaning as in section 95.4.

2 Exemption 2.1Subject to paragraph 2.2, a glider engaged in charter operations, or a person who is in, on, or otherwise associated with the operation of, a glider engaged in charter operations, is exempt from compliance with the following provisions of the Civil Aviation Regulations 1988: (aa) Parts 4 and 4A, provided that both the GFA Operational Regulations and the GFA Manual of Standard Procedures Part 3 Airworthiness are complied with; (a) subregulation 55 (6); (b) Part 5; (c) subregulations 83 (1), (2) and (3) in respect of VHF equipment; (d) paragraphs 133 (1) (a) and (e); (e) paragraphs 139 (1) (d) and (e); (f) subregulation 150 (1) in relation to the dropping of towing or drag increasing devices; (g) paragraph 155 (3) (a), on condition that: (i) if the acrobatic flight takes place more than 2 nautical miles from a licensed aerodrome — the flight does not take place at a height of less than 1 000 feet above the highest point of the terrain or of any obstacle on the terrain within a radius of 600 metres of a line extending vertically below the aircraft unless the prior approval of CASA has been obtained; and (ii) if the acrobatic flight takes place at 2 nautical miles or less from a licensed aerodrome — the flight does not take place at a height of less than 2 000 feet above the aerodrome unless the prior approval of CASA has been obtained; (h) paragraph 157 (1) (b) when a glider is engaged in ridge or hill soaring; (i) subregulation 162 (3) to the extent that, if the glider is overtaking another glider engaged in ridge or hill soaring, the overtaking glider: (i) must pass between the ridge or hill and the overtaken glider; and (ii) may, if necessary, alter its heading to the left to do so; (j) subregulation 163AA (2); (k) paragraphs 166A (2) (d), (e) and (f), provided that an aircraft operating in the circuit area of a non-controlled aerodrome must, as far as practicable, make all turns in the established circuit direction; (l) subregulation 173 (3); (m) subregulation 207 (2) in relation to the carriage of: (i) a gyroscopic turn and slip indicator; and (ii) an outside air temperature indicator; (n) regulation 213 provided that aircraft used in charter operations are maintained in accordance with the GFA Operational Regulations; (o) regulation 216; (p) regulations 226, 227 and 229 in relation to a person who: (i) holds qualifications issued by GFA; or (ii) has been appropriately instructed by a person who holds qualifications issued by the GFA; (q) subregulation 243 (1), except when the glider is operating: (i) in controlled airspace unless air traffic control has authorised the use of an alternative frequency; or (ii) in the vicinity of a non-controlled aerodrome that is a certified, registered, military or designated non-controlled, aerodrome; (r) regulation 246 in relation to a glider which is launched using an external power source; (s) regulation 322 (5). 2.2The exemptions set out in paragraph 2.1 have effect only if: (a) the person piloting the glider complies with subsection 4 and 5; and (b) the operator complies with subsection 6. 2.3Paragraph 2.1 does not apply to a person in, on, or otherwise associated with the operation of, an aircraft that is towing a glider.