Part 2Maximum take-off weight — aerial application operations

## Part 2 Maximum take-off weight — aerial application operations 4 Exemption (1) The pilot in command of a relevant aeroplane, or a relevant single-engine aeroplane, that is engaged in an aerial application operation is exempt from compliance with the following provisions of CASR: (a) subregulation 91.095(2), to the extent that the subregulation requires the pilot to comply with, during the period mentioned in subregulation 91.095(1), the aircraft flight manual instructions for the aircraft, or any condition specified in the aircraft’s certificate of airworthiness, about the aeroplane’s maximum take-off weight; (b) regulation 91.805, to the extent that the regulation applies if the aeroplane’s weight and balance limits are not the highest of the 3 maximum gross weights mentioned in subregulation 137.190(1) of CASR; > Note Weight and balance limits, for an aircraft, is defined in Part 1 of the CASR Dictionary as meaning the weight and balance limits set out in the aircraft flight manual instructions for the aircraft. (c) subregulations 137.190(1) and (2). (2) The exemption is subject to the conditions in section 5. 5 Conditions (1) The pilot in command must not commence a take-off of the aeroplane if the aeroplane’s gross weight exceeds the highest of the following: (a) the maximum gross weight shown in the aeroplane’s flight manual, as it exists from time to time; (b) any maximum gross weight that: (i) has been established for that type of aeroplane by a flight test supervised by CASA; and (ii) is shown on a placard, as it exists from time to time, which is approved in writing by CASA and displayed in the aeroplane’s cockpit; (c) the maximum gross weight shown on the type certificate, or foreign type certificate, for the aeroplane, as it exists from time to time. (2) For subsection (1), the pilot in command of the aeroplane must calculate its take‑off weight by a method that involves calculating the total of the following: (a) the weight of the crew and any equipment carried on the aeroplane; (b) the weight of the aeroplane’s fuel and load; (c) the empty weight of the aeroplane, as determined under Civil Aviation Order 100.7, as in force from time to time. 6 Direction The direction in section 5 of CASA EX67/24 does not apply to a pilot in command mentioned in subsection 4(1) in relation to ensuring that any activity in relation to the flight or operation, if occurring before or after the flight, is conducted in a way that meets any requirement or limitation for an activity that: (a) is mentioned in the aircraft flight manual instructions for the aircraft; and (b) relates to compliance with the aeroplane’s maximum take-off weight mentioned in the aircraft flight manual instructions. > Note This direction is required because regulation 91.095 of CASR in effect only applies in relation to the operation of an aircraft during flight, and the direction in section 5 of CASA EX67/24 in effect expands the scope of regulation 91.095 to ensure compliance with requirements mentioned in the aircraft flight manual instructions that relate to activities occurring before or after the flight.