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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.416A

Exemptions taken to be granted

When this regulation applies

  (1)   This regulation applies in relation to a flight of an aircraft that occurs after the main commencement time if:

  (a)   an instrument (the old instrument ) mentioned in column 2 of an item in the following table applies in relation to the flight, or would have applied in relation to the flight if the amending Regulations had not been made; and

  (b)   the old instrument is an eligible instrument; and

  (c)   the old instrument:

  (i)   is in force immediately before the main commencement time; or

  (ii)   is made, or taken to be made, after the main commencement time as a result of the operation of a provision of this Division; and

  (d)   after the main commencement time, a requirement (the new requirement ) mentioned in column 3 of the item applies in relation to the flight.

Note:   For the definition of eligible instrument , see 202.405A.

 

Exemption from new requirement where old instrument applies

Item

Column 1

Column 2

Column 3

 

Subject

Old instrument

New requirement

1

Radio -
communication systems

An approval of a radiocommunication system under subregulation   82(1) of the old CAR in relation to an aircraft

A requirement under any of the following provisions relating to the fitment or carriage of a radiocommunication system:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(b) a provision of the Part   103 Manual of Standards prescribed for the purposes of subregulation   103.090(1);

(c) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(d) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(e) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(f) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(g) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

2

Radio -
communication systems

An exemption under subregulation   82(3) of CAR (as in force before the commencement of the Civil Aviation and Civil Aviation Safety Amendment Regulations   2011 (No.   2) ) in relation to an aircraft that continued to have effect because of regulation   202.011A of these Regulations (as in force before the main commencement time)

A requirement under any of the following provisions relating to the fitment or carriage of a radiocommunication system:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(b) a provision of the Part   103 Manual of Standards prescribed for the purposes of subregulation   103.090(1);

(c) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(d) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(e) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(f) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(g) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

3

Documents to be carried in aircraft

An approval under paragraph   139(1)(c) or (d) of the old CAR in relation to a document that must be carried on an aircraft when flying

A requirement under any of the following provisions to carry the document on an aircraft when a flight begins:

(a) paragraph   91.105(2)(a) or subregulation   91.110(3);

(b) a provision of the Part   121 Manual of Standards prescribed for the purposes of paragraph   121.085(1)(a);

(c) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.275(1);

(d) a provision of the Part   133 Manual of Standards prescribed for the purposes of paragraph   133.055(1)(a);

(e) a provision of the Part   135 Manual of Standards prescribed for the purposes of paragraph   135.065(1)(a)

4

Picking up of persons or objects during aerial work operations

Authority under subregulation   151(3) of the old CAR for a person to be picked up by an aircraft during a flight involving an aerial work operation

A requirement in relation to the pick up or set down of a person during a flight under a provision prescribed by the Part   138 Manual of Standards for the purposes of subregulation   138.410(2)

5

Picking up of persons or objects during medical transport operations

Authority under subregulation   151(3) of the old CAR for a person to be picked up by an aircraft during a flight involving an aerial work (air ambulance) operation

A requirement under a provision prescribed by the Part   133 Manual of Standards for the purposes of paragraph   133.295(1)(b) in relation to an external load operation involving winching a person during a flight

6

Low flying during aerial work operations

A permit under paragraph   157(4)(b) of the old CAR for a flight during an aerial work operation to be made at a lower height

A requirement under a provision prescribed by the Part   138 Manual of Standards for the purposes of regulation   138.275 in relation to the circumstances of the flight

7

Instruments and equipment for VFR flights

Permission under subregulation   174A(3) of the old CAR for an aircraft to be flown under the VFR

A requirement under any of the following provisions relating to the fitment or carriage of equipment on the aircraft for a flight under the VFR:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.273(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   103 Manual of Standards prescribed for the purposes of subregulation   103.090(1);

(d) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.367(1);

(e) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(f) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(g) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(h) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

8

Instruments and equipment for VFR flights by night

Permission under subregulation   174A(4) of the old CAR for an aircraft to be flown under the VFR at night

A requirement under any of the following provisions relating to the fitment or carriage of equipment on the aircraft for a VFR flight by night:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.273(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.367(1);

(d) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(e) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(f) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(g) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

9

VFR flights at night by single engine turbine powered aircraft

Both:

(a) an approval under subparagraph  
174B(2)(d)(i) of the old CAR for an operator to conduct charter operations that involve the carrying of passengers for hire or reward; and

(b) an approval under subparagraph  
174B(2)(d)(ii) of the old CAR for the operation mentioned in paragraph   (a) to be conducted in a single engine turbine powered aeroplane

A requirement under subregulation   135.240(2) in relation to a VFR flight at night

10

VFR flights at night below 1,000 feet

Permission under subregulation   174B(4) of the old CAR for an aircraft to be flown under the VFR at night at a height of less than 1,000 feet above the highest obstacle located within 10 miles of the aircraft

A requirement under regulation   91.277 in relation to a VFR flight at night

11

Navigation equipment for VFR flights

Permission under subregulation   174D(4) of the old CAR in relation to the requirements for equipping an aircraft for flight under the VFR for navigation or to obtain positive position fixes

A requirement under any of the following provisions relating to requirements for equipping an aircraft for a VFR flight for navigation or to obtain positive position fixes:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.273(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   103 Manual of Standards prescribed for the purposes of subregulation   103.090(1);

(d) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.367(1);

(e) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(f) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(g) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(h) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

12

IFR flights by single engine turbine powered aircraft

Both:

(a) an approval under subparagraph  
175A(1)(d)(i) of the old CAR for an operator to conduct charter or regular public transport operations that involve the carrying of passengers for hire or reward; and

(b) an approval under subparagraph  
175A(1)(d)(ii) of the old CAR for the operation mentioned in paragraph   (a) to be conducted in a single engine turbine powered a eroplane

A requirement under subregulation   135.240(2) in relation to an IFR flight

13

Instruments and equipment for IFR flights

Permission under subregulation   177(3) of the old CAR for an aircraft to be flown under the IFR

A requirement under any of the following provisions relating to the fitment or carriage of equipment on an aircraft for an IFR flight:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.287(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(d) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(e) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(f) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

14

Instruments and equipment for IFR flights at night

Permission under subregulation   177(4) of the old CAR for an aircraft to be flown under the IFR at night

A requirement under any of the following provisions relating to the fitment or carriage of equipment on an aircraft for an IFR flight by night:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.287(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(d) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(e) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(f) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

15

Navigation equipment for IFR flights

Permission under subregulation   179A(4) of the old CAR in relation to the requirements for equipping an aircraft for flight under the IFR for navigation or to obtain positive position fixes

A requirement under any of the following provisions relating to requirements for equipping an aircraft for an IFR flight for navigation or to obtain positive position fixes:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.287(1);

(b) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(c) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(d) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(e) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(f) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

16

Navigation lights

A direction under subregulation   196(1) of the old CAR in relation to the display of navigation lights for a flight or operation of an aeroplane

A requirement under any of the following provisions to fit or display navigation lights:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(b) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(c) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(d) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

17

Anti - collision lights

A direction under subregulation   196(3) of the old CAR in relation to the display of anti - collision lights for a flight or operation of an aeroplane

A requirement under any of the following provisions to fit or display anti - collision lights:

(a) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(b) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(c) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(d) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

18

Airship lights

A direction under subregulation   203(1) of the old CAR in relation to the display of lights for a flight or operation of an airship

A requirement under a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1) to fit or display lights

19

Aircraft instruments and equipment

An approval under subregulation   207(2) of the old CAR in relation to the fitting of an instrument, or the carriage of equipment, for an aircraft

Both:

(a) a requirement to fit an instrument of the type covered by the approval mentioned in column 2, or to carry equipment of the type covered by the approval mentioned in column 2, for an aircraft; and

(b) a requirement relating to an instrument of the type covered by the approval mentioned in column 2, or equipment of the type covered by the approval mentioned in column 2, that is fitted to, or carried on, an aircraft;

under any of the following provisions:

(c) a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.810(1);

(d) a provision of the Part   103 Manual of Standards prescribed for the purposes of subregulation   103.090(1);

(e) a provision of the Part   121 Manual of Standards prescribed for the purposes of subregulation   121.460(1);

(f) a provision of the Part   131 Manual of Standards prescribed for the purposes of subregulation   131.460(1);

(g) a provision of the Part   133 Manual of Standards prescribed for the purposes of subregulation   133.360(1);

(h) a provision of the Part   135 Manual of Standards prescribed for the purposes of subregulation   135.370(1);

(i) a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.465(2)

20

Flight check systems

An approval under subregulation   232(2) of the old CAR of a flight check system for an aircraft

A requirement under paragraph   91.095(2)(a) or subregulation   121.055(1), 131.255(1), 133.030(1), 135.040(1) or 138.210(2) to comply with the flight check requirements set out in the aircraft flight manual instructions for an aircraft

21

Carriage on wings, undercarriage etc. for aerial work operations

Permission under subregulation   250(2) of the old CAR for the carriage of a person during a flight involving an aerial work operation

A requirement under a provision of the Part   138 Manual of Standards prescribed for the purposes of subregulation   138.410(2)

22

Carriage of animals

A permission under subregulation   256A(1) of the old CAR to carry a live animal on an aircraft

A requirement under a provision of the Part   91 Manual of Standards prescribed for the purposes of subregulation   91.620(5) relating to the carriage of animals on an aircraft

 

Exemption taken to be granted

  (2)   A person who would (apart from this subregulation) contravene an offence provision of these Regulations if the new requirement is not met in relation to the flight is taken, after the main commencement time, to have been granted an exemption (the new exemption ) under Division   11.F.1 from the new requirement for the flight.

Terms of exemption

  (3)   For the purposes of regulation   11.205, the new exemption is taken to have been granted on the condition that any terms or conditions of the old instrument are complied with.

  (4)   The new exemption ceases at the earliest of the following:

  (a)   the day (if any) specified in the old instrument as the day on which the old instrument ceases to be in force;

  (b)   the second anniversary of the day the old instrument was made, granted, given or issued (as the case requires) that occurs after the main commencement time;

  (c)   if the operator of the aircraft is the holder of an AOC and the old instrument applies in relation to the operations authorised by the AOC--the day the operator's AOC expires;

  (d)   if the operator of the aircraft is the holder of an aerial work certificate and the old instrument applies in relation to the operations authorised by the aerial work certificate--the day the operator's aerial work certificate expires;

  (e)   if the operator of the aircraft is the holder of a Part   141 certificate and the old instrument applies in relation to the operations authorised by the Part   141 certificate--the day the operator's Part   141 certificate expires.

  (5)   Subregulation   11.056(2) (conditions to be set out) and regulations   11.225 (publication of exemption) and 11.230 (when exemptions cease) do not apply in relation to the new exemption.

Effect of suspension

  (6)   If the old instrument has been suspended and the suspension is in force immediately before the main commencement time, then:

  (a)   disregard the suspension for the purposes of subparagraph   (1)(c)(i); and

  (b)   the exemption taken to be granted under subregulation (2) is taken to be suspended; and

  (c)   the period of suspension for the exemption is the same as for the old instrument.


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