CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER REGULATION 308
FROM THE REQUIREMENTS OF PARAGRAPH 244 (1) (c)
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This exemption lets pilots of commercial passenger aircraft over 5.7 tonnes depart with only tiny residual traces of frost, snow or ice that remain after proper de‑icing — something normally prohibited.
It matters because it recognizes that absolute removal can be impractical in freezing conditions while preserving safety by requiring approved de‑/anti‑icing procedures and pilot verification that any remaining traces won’t impair performance or instruments.
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Direct links to the current provisions in CASA EX11/2003 - Exemption under regulation 308 from the requirements of paragraph 244(1)(c) - Removal of frost and ice before take-off.
EXEMPTION UNDER REGULATION 308
FROM THE REQUIREMENTS OF PARAGRAPH 244 (1) (c)
I, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), exempt the pilot in command of an aircraft engaged in regular public transport operations with an MTOW of more than 5700 kg from compliance with paragraph 244 (1) (c) of CAR 1988.
Under subregulation 308 (3), this exemption is subject to compliance with the conditions set out in Schedule 1.
This exemption stops having effect at the end of June 2006.
1 In this Schedule, appropriate procedures means de-icing and anti-icing procedures that are effective in the ambient meteorological conditions and temperatures and are carried out in accordance with the aircraft flight manual, or instructions and data provided by the aircraft manufacturer, as relevant to take-off in such conditions.
2 The pilot in command must ensure that appropriate procedures have been used to remove the accumulated snow, frost and ice from the aircraft except for residual traces.
3 Before taking off, the pilot in command must be satisfied that any residual snow, frost or ice will not affect aircraft performance or the performance of any equipment or instruments.
[Signed M. Toller]
Mick Toller
Director of Aviation Safety
23 May 2003
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
EXEMPTION UNDER REGULATION 308
FROM THE REQUIREMENTS OF PARAGRAPH 244 (1) (c)
I, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA, under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), exempt the pilot in command of an aircraft engaged in regular public transport operations with an MTOW of more than 5700 kg from compliance with paragraph 244 (1) (c) of CAR 1988.
Under subregulation 308 (3), this exemption is subject to compliance with the conditions set out in Schedule 1.
This exemption stops having effect at the end of June 2006.
1 In this Schedule, appropriate procedures means de-icing and anti-icing procedures that are effective in the ambient meteorological conditions and temperatures and are carried out in accordance with the aircraft flight manual, or instructions and data provided by the aircraft manufacturer, as relevant to take-off in such conditions.
2 The pilot in command must ensure that appropriate procedures have been used to remove the accumulated snow, frost and ice from the aircraft except for residual traces.
3 Before taking off, the pilot in command must be satisfied that any residual snow, frost or ice will not affect aircraft performance or the performance of any equipment or instruments.
[Signed M. Toller]
Mick Toller
Director of Aviation Safety
23 May 2003