CAO 95.55 (5.1e) Implecations

[HEON]

There has been a lot of previous discussion on RAA in CTA's in other forums.

 

"Aviator" Feb 10 has an article titled "Equitable Access" which quotes CAO 95.55 (5.1e) which says RAA aircraft must not be flown inside an area that has been designated in the AIP as a prohibited or restricted area at such times as any such prohibited or restricted area is active.

 

I thought that a suitably equiped RAA aircraft (radio and transponder) could do so if the PIC held a current PPL (or higher) licence with suitable CTA endorcements.

 

In other words, it is the PIC qualifications, not the aircrafts registration, that controlled legal entry.

 

What is correct?

 

 

[Admin]

That is correct Heon as far as I know - if the aircraft has an approved engine e.g. Jabiru, Rotax etc and Radio + Transponder a pilot who has a current PPL can fly an RAAus registered aircraft in CTA.

 

 

[HEON]

Yes, but that is NOT what the CAO says!

 

 

[dunlopdangler]

Heon, I generally read the CAOs to be properly informed, not magazines that can interperet things incorrectly hence here is the current CASA website extract. If you want to read the CAO in its entirety http://www.casa.gov.au/wcmswr/_assets/main/download/orders/cao95/9555.pdf

 

 

5.2 An aeroplane may be flown inside Class A, B, C and D airspace only if all of

 

 

 

 

 



the following conditions are complied with:

 

 

 

 

 



(a) the aeroplane is certificated to the design standards specified in section

 

 

 

 

 



101.55 or meets the criteria specified in paragraph 21.024 (1) (a) or

 

 

 

 

 



21.026 (1) (a), or regulation 21.186, of CASR 1998;

 

 

 

 

 



(b) the aeroplane is fitted with an engine of a kind to which paragraph 6.1 of

 

 

 

 

 



section 101.55 of the Civil Aviation Orders applies, or that CASA has

 

 

 

 

 



approved as being suitable for use in an aircraft to which this section

 

 

 

 

 



applies, and is not subject to any conditions that would prevent the flight;

 

 

 

 

 



© the aeroplane is fitted with a radio capable of two-way communication

 

 

 

 

 



with Air Traffic Control;

 

 

 

 

 



(d) the aeroplane is flown by the holder of a valid pilot licence (not being a

 

 

 

 

 



student pilot licence):

 

 

 

 

 



(i) issued under Part 5 of the Regulations; and

 

 

 

 

 



(ii) that allows the holder to fly inside the controlled airspace;

 

 

 

 

 



(e) the pilot has satisfactorily completed an aeroplane flight review in

 

 

 

 

 



accordance with regulation 5.81, 5.108 or 5.169 of the Regulations;

 

 

 

 

 



(f) if the controlled airspace in which the aeroplane is operating requires a

 

 

 

 

 



transponder to be fitted — the aeroplane is fitted with a transponder

 

 

 

 

 



suitable for use in the airspace.

 

 

 

 

 

 

Note Operations in Class A airspace in V.F.R are only possible in accordance with a

 

 

 

 

 



permission issued by CASA under CAR 99AA.

 

 

 

 

 

 

 

 

 



regards

 

 

 

 

 



Peter (DD)

 

 

 

 

 

 

 

[slartibartfast]

inside an area that has been designated in the AIP as a prohibited or restricted area at such times as any such prohibited or restricted area is active.

... is not CTA.

 

No aeroplane may be flown into such areas - RA or not.

 

 

[dunlopdangler]

I know of only one prohibited area in Aust airspace at the moment and restricted airspace is usually military airspace and I have never had a problem getting clearance through those areas providing that the aircraft had a transponder (certified engined skyfox).

 

quite right Slarti but, refer CAO 95.55 subs 7 there is an instrument casa use for approvals for non compliance to the regs, as is the allowance of operation, example at Avalon's restricted airspace for RAA certified pilots for the airshow. Say if Heon wants to transit amberley airspace and he holds a PPL or higher, he just needs to submit a flight plan with aircraft details and pilot information and the RAAF controllers are usually very helpful

 

 

[dunlopdangler]

I agree...The way the regs are written you are not allowed to do anything unless!!.....now go find it somewhere where it says you can :hittinghead:

 

 

[HEON]

Thank you for the replies, NOWEVER...

 

I have been in Amberley active restrictive area with clearance in 24 rego aircraft with PIC holding current licance (GA) that meets the legal requirements. This is against the wording of the CAO I quoted.

 

It is NOT what is written in a magazine story but what it says in the CAO I quoted. I have read the OTHER CAO that seems to allow it, HOWEVER it would NOT remove the words of the CAO I quoted.

 

If it stuffs up, do we have to rely on the victory of the lawyer we pay for?????

 

 

[GraemeK]

Interestingly, 5.2 (which provides exemptions to the 5.1 limitations subject to conditions) does not permit flying in restricted airspace even with ATC clearance - although it does allow flight in CTA if the pilot is qualified.

 

Looks to me like an oversight, but who knows! The only legal way to do it is under s7 - apply in writing to CASA 28 days in advance!