Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021 (Cth)
I, PHILLIPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 and subregulations 5 (1) and (1A) of the Civil Aviation Regulations 1988.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
18 June 2021
Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021
1 Name
1.1 This instrument is Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021.
1.2 This instrument may be cited as Civil Aviation Order 95.32.
1.3 A reference in a statutory instrument issued by CASA to section 95.32 of the Civil Aviation Orders is taken to be a reference to this instrument.
2 Duration
This Order:
(a) commences on 1 July 2021; and
(b) is repealed at the earlier of the following:
(i) the day of commencement of Schedule 1 to the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019;
(ii) the end of 30 June 2024.
3 Application
3.1 This Order applies to a weight-shift-controlled aeroplane or powered parachute (each within the meaning given by subsection 9 (3) of the Part 149 MOS) that:
(a)qualifies as a Part 149 aircraft under subsection 9 (1) of the Part 149 MOS; and
(b)is registered with a sport aviation body.
3.2 This Order does not apply to an aircraft to which Civil Aviation Order 95.10 applies.
3.3 For the purposes of the Part 149 MOS, subsection 9 (1), table, item 1, paragraph (b), a reference to an aircraft that complies with subparagraphs 1.1 (c) and (g) of Civil Aviation Order 95.32 is a reference to an aircraft (including, in the case of an aircraft supplied by a commercial manufacturer in kit form, the kit):
(a)to which at least one of the following applies:
(i) the manufacturer of the aircraft or kit was the holder of a certificate of approval under regulation 30 of CAR for the manufacture of aircraft or kits of that kind;
(ii) the aircraft or kit was manufactured in accordance with an approval given by CASA;
(iii) in the case of an aircraft or kit that was exported to Australia — a certificate, which is acceptable to CASA and relates to the airworthiness of the aircraft, or the aircraft that could be assembled from the kit, has been issued by a foreign country’s NAA or a competent issuing authority; and
(b)that complies with:
(i) CAP 482: British Civil Airworthiness Requirements – Section S – Small Light Aeroplanes, as it exists from time to time; or
(ii) such other design requirements as CASA has determined to be acceptable in relation to the aircraft, or aircraft of that kind.
4 Interpretation
4.1 In this Order, unless the contrary intention appears:
active restricted area has the same meaning as in the AIP.
ASAO (short for approved self-administering aviation organisation) has the same meaning as in the CASR Dictionary.
closely-settled area, in relation to an aircraft, means an area in which, because of:
(a) man-made obstructions, such as buildings and vehicles; and
(b) the characteristics of the aircraft;
the aircraft could not be landed without endangering the safety of persons unconnected with the aircraft, or damaging property in the area.
competent issuing authority means:
(a) the NAA of a Contracting State that is a recognised country; or
(b) the NAA of a Contracting State that CASA has accepted in writing as competent to issue design approvals or manufacturing approvals for aircraft; or
(c) a body, other than an NAA of a Contracting State, that CASA has accepted in writing as competent to issue design approvals or manufacturing approvals for aircraft.
NAA, of a Contracting State, means the national airworthiness authority of the State.
non-commercially-manufactured aircraft means a relevant aircraft described in item 4 of the table in subsection 9 (1) of the Part 149 Manual of Standards.
operations manual, of a sport aviation body, means:
(a)for RAAus — the RAAus Operations Manual; or
(b)for SAFA — the SAFA Operations Manual; or
(c)for an ASAO — the ASAO’s exposition.
Order means Civil Aviation Order.
Part 149 MOS means the Part 149 Manual of Standards.
powered parachute means a powered parachute to which this Order applies under subsection 3.
previous Order means Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-Shift-Controlled Aeroplanes and Powered Parachutes) Instrument 2018.
RAAus means Recreational Aviation Australia Limited, operating otherwise than as an ASAO.
Note RAAus was referred to in the previous Order as RAA.
RAAus Operations Manual means the manual, approved in writing by CASA from time to time, which is issued by RAAus and contains, consistent with the requirements of the civil aviation legislation, the practices, procedures, instructions and rules by which RAAus ensures the safe operation of aircraft registered with RAAus.
RAAus Technical Manual means a manual, approved in writing by CASA from time to time, which is issued by RAAus and contains:
(a) airworthiness, design and maintenance standards; and
(b) aeronautical practices, test procedures and processes;
for aircraft registered with RAAus.
relevant aircraft means an aircraft to which this Order applies under subsection 3.
relevant sport aviation body, in relation to an aircraft, means the sport aviation body with which the aircraft is registered.
SAFA means Sports Aviation Federation of Australia Limited, operating otherwise than as an ASAO.
Note SAFA was previously known as the Hang Gliding Federation of Australia Inc, or HGFA.
SAFA Operations Manual means a manual, approved in writing by CASA from time to time, which is issued by SAFA and contains:
(a) procedures and instructions necessary to ensure the safe operation of aircraft registered with SAFA; and
(b) airworthiness, design and maintenance standards; and
(c) aeronautical practices, test procedures and processes.
sport aviation body means RAAus, SAFA or an ASAO.
suitable landing area means an area in which a relevant aircraft may be landed without endangering the safety, or damaging the property, of persons unconnected with the operation of the aircraft.
technical manual, of a sport aviation body, means:
(a) for RAAus — the RAAus Technical Manual; or
(b) for SAFA — the SAFA Operations Manual to the extent that it covers matters mentioned in subparagraphs (b) and (c) of the definition of SAFA Operational Manual; or
(c) for an ASAO — the ASAO’s exposition.
weight-shift-controlled aeroplane means a weight-shift-controlled aeroplane to which this Order applies under subsection 3.
Note Definitions of certain terms used in this Order may be found in regulation 2 of CAR or the CASR Dictionary, for example, pilot certificate.
4.2 In this Order, a reference to a Class of airspace means the volumes of airspace of that Class, as determined by CASA in an instrument titled Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument, as in force from time to time.
Note The instrument titled Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument is a legislative instrument that is revised and reissued by CASA approximately every 6 months. At the date of commencement of this instrument, the relevant instrument is CASA OAR 024/21 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2020. Airspace details from the Determination, in force at any particular time, are also published by Airservices Australia in the Designated Airspace Handbook.
5 Exemptions
5.1 A person who would, but for this subsection, have an obligation under the exempted provisions in relation to a relevant aircraft is exempt from complying with the obligation if the person complies with the conditions set out in this Order to the extent to which they are applicable.
5.2 For the purposes of paragraph 5.1, exempted provisions means the following provisions of CAR:
(a) Parts 4, 4A, 4B, 4C and 4D;
(b) subregulation 83 (1) in respect of VHF equipment;
(c) regulations 133, 139, 157 and 163AA;
(d) paragraph 166A (2) (f), in respect of a powered parachute;
(e) Division 4 of Part 13;
(f) regulations 207, 208 and 230;
(g) subregulations 232 (2) and (5) and 242 (2);
(h) regulations 252 and 258.
6 General conditions
The following general conditions apply in relation to a relevant aircraft:
(a)a person must not use the aircraft in:
(i) aerial application operations within the meaning of regulation 137.010 of CASR; or
(ii) aerial mustering, being the use of an aircraft to locate, direct and concentrate livestock;
(b) a person must not use the aircraft other than for:
(i) the carriage, without charge, of persons or goods; or
(ii) the aerial inspection, conducted as a private operation, of stock, fencing, or farm or pastoral equipment, which is located on land owned by, or under the control of, the pilot or a member of the pilot’s immediate family (being the pilot’s spouse, parents and children, if any); or
(iii) if the aircraft is a two-place aircraft and has been wholly-built and assembled by a commercial manufacturer — flying training, to enable a person to obtain a pilot certificate from a sport aviation body;
Note Conduct as a private operation means that no remuneration is received by the pilot or owner of the aircraft (see subregulation 2 (7) of CAR).
(c) a person must not operate the aircraft as pilot in command unless:
(i) the person holds a pilot certificate issued by the relevant sport aviation body in accordance with its operations manual; and
(ii) subject to the other conditions stated in this Order, the person flies the aircraft in accordance with the privileges and limitations of the certificate;
Note Under regulation 200.025 of CASR, for paragraph 20AB (1) (a) of the Act, a person is taken to hold a civil aviation authorisation, which is in force and authorises the person to perform a duty that is essential to the operation of an unregistered Australian aircraft during flight time, if:
(a) the person holds a pilot certificate granted by a sport aviation body that administers aviation activities in the aircraft; and
(b) the person operates the aircraft in accordance with the sport aviation body’s operations manual.
(d) if the aircraft is being used for flying training, the person conducting the training must hold a flight instructor certificate issued by the relevant sport aviation body in relation to the aircraft in accordance with its operations manual;
(e) subject to the other conditions set out in this Order, a person operating the aircraft must do so in accordance with the requirements of the relevant sport aviation body’s operations manual and technical manual;
(f) a person maintaining the aircraft must hold the necessary qualification for this activity as stated in, and maintain the aircraft in accordance with, the relevant sport aviation body’s technical manual.
7 Flight conditions
7.1 Subject to paragraph 9.5, the following flight conditions apply to a person operating a relevant aircraft:
(a) the aircraft must not be flown at a height of 5 000 feet above mean sea level or higher unless the condition stated in paragraph 8.4 is complied with;
(b) a weight-shift-controlled aeroplane must not be flown at a height less than 500 feet above ground level, and a powered parachute must not be flown at a height less than 300 feet above ground level, unless the conditions stated in paragraphs 8.1 to 8.3 are complied with;
(c) subject to paragraph 7.2, the aircraft must not be flown above a body of water at a horizontal distance, from a suitable landing area, of more than:
(i) if each occupant is wearing a life jacket, and the aircraft is equipped with a serviceable radiocommunication system and one of the items of equipment mentioned in paragraph 7.5 — 25 nautical miles; or
(ii) in any other case — the distance, not greater than 25 nautical miles, that the aircraft can glide in the event of engine failure;
(d) the aircraft must only be flown in:
(i) Class G airspace; or
(ii) Class E airspace; or
(iii) in accordance with paragraph 7.3 — Class A, C or D airspace, or an active restricted area;
(e) the aircraft must only be flown in V.M.C.;
(f) the aircraft must only be flown during daylight hours;
(g) the aircraft must not be flown over a closely-settled or populous area or a public gathering unless:
(i) a certificate of airworthiness is in force under regulation 21.176 of CASR in relation to the aircraft; or
(ii) except in the case of a non-commercially-manufactured aircraft — the aircraft meets the description of an aircraft mentioned in paragraph 3.3; or
(iii) the following provisions apply:
(A) an experimental certificate is in force under regulation 21.195A of CASR, or a flight permit (however described) issued by the relevant sport aviation body in accordance with its technical or operations manual is in force, in relation to the aircraft;
(B) an approval is in force in relation to the aircraft under subregulation 262 (AP) (5) of CAR which imposes no conditions or limitations that would prevent the flight;
(h) the aircraft must not be flown in acrobatic flight;
(i) the person must not use radiotelephone equipment, if any, fitted to the aircraft unless the person:
(i) for transmissions on VHF frequencies only:
(A) is authorised by the relevant sport aviation body, in accordance with its operations manual, to operate radiotelephone equipment; or
(B) is undergoing flying training to obtain a pilot certificate from the relevant sport aviation body; or
(ii) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or 64 of CASR;
(j) the aircraft must not be flown at a height of 10 000 feet above mean sea level or higher.
7.2 Despite the limit of 25 nautical miles stated in subparagraph 7.1 (c), a relevant aircraft, to which the limit would otherwise apply, may be flown between Tasmania and mainland Australia, in either direction, by a longer route if taking advantage of safer weather conditions.
7.3 A person must not operate a relevant aircraft in Class A, B, C or D airspace, or an active restricted area:
(a) unless one of the following applies:
(i) a certificate of airworthiness is in force under regulation 21.176 of CASR in relation to the aircraft;
(ii) except in the case of a non-commercially-manufactured aircraft — the aircraft meets the description of an aircraft mentioned in paragraph 3.3;
(iii) both of the following are in force in relation to the aircraft:
(A) either an experimental certificate under regulation 21.195A of CASR, or a flight permit (however described) issued by the relevant sport aviation body in accordance with its technical or operations manual;
(B) an approval under subregulation 262 (AP) (5) of CAR which imposes no conditions or limitations that would prevent the flight; and
(b) unless the aircraft is fitted with a radio capable of two-way communication with air traffic control; and
(c) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted to the aircraft — unless the aircraft is fitted with a transponder suitable for use in the airspace; and
(d) unless the pilot in command holds a pilot licence with an aircraft category rating the valid privileges of which include operating in controlled airspace; and
(e) unless the pilot in command has a valid flight review for the aircraft’s class rating under Part 61 of CASR.
Note Operations in Class A airspace in V.F.R. are only possible in accordance with a permission issued by CASA under regulation 99AA of CAR.
7.4 A person must not use a relevant aircraft to tow another aircraft unless:
(a) the pilot in command of the aircraft is authorised to do so by the relevant sport aviation body in accordance with a procedure approved in writing by CASA; and
(b) the towing aircraft is:
(i) certified, by the aircraft’s manufacturer, as suitable for that purpose; or
(ii) listed in Civil Aviation Advisory Publication 149, as it exists from time to time, as acceptable to CASA for that purpose; or
(iii) approved, in writing, by CASA as being suitable for that purpose.
Note Regulation 149 of CAR also prohibits towing by aircraft without permission or authorisation.
5 Except for a flight that is to take place wholly within a radius of 50 nautical miles from its departure point, a relevant aircraft that is a two-place aircraft may be flown only if it carries an approved emergency location transmitter or an approved portable emergency location transmitter, within the meaning given for approved ELT, and approved portable ELT, respectively, by subregulation 252A (7) of CAR.
Note Regulation 252A of CAR does not apply to single-seat aircraft (see subregulation 252A (1) of CAR).
8 Flight height limitations
8.1 For subparagraph 7.1 (b), a weight-shift-controlled aeroplane may be flown at a height less than 500 feet above ground level, and a powered parachute may be flown at a height less than 300 feet above ground level, if:
(a) the aircraft is flying in the course of taking-off or landing; or
(b) the aircraft is flying over land that is owned by, or under the control of, the aircraft’s pilot; or
(c) the owner or occupier (including the Crown) of the land over which the aircraft is flying, or an agent or employee of the owner or occupier, has given written permission for the flight to take place at such a height; or
(d) the following apply:
(i) the aircraft’s pilot is engaged in low-flying flight training over a flight training area approved in writing by the operator conducting the training as suitable for low-flying activity;
(ii) the low-flying activity is conducted with the written permission of a person mentioned in subparagraph (c) in relation to the land over which the activity is conducted.
8.2 Forsubparagraph 7.1 (b), except when taking off or landing, a weight‑shift‑controlled aeroplane flown at a height less than 500 feet above ground level, and a powered parachute flown less than 300 feet above ground level, must be at a distance of at least 100 metres horizontally from all of the following:
(a) a street, road, lane, thoroughfare or place open to, or used by, the public for passage of vehicles;
(b) a person, other than a person associated with the operation of the aircraft;
(c) a dwelling, except with the written permission of the dwelling’s occupier.
8.3 For subparagraph 7.1 (b), a weight-shift-controlled aeroplane flown at a height less than 500 feet above ground level, and a powered parachute flown at a height less than 300 feet above ground level, must, during take-off or landing, maintain a horizontal distance from a place or person mentioned in subparagraph 8.2 (a), (b) or (c) that is:
(a) enough to avoid endangering any person or causing damage to any property; and
(b) as far as possible from the place or person to carry out a safe take-off or landing.
8.4 For subparagraph 7.1 (a), a relevant aircraft that is flown at a height of 5 000 feet above mean sea level or higher must be fitted with serviceable radiotelephone equipment, and the aircraft’s pilot must be qualified to use the equipment under subparagraph 7.1 (i).
9 Approval of flights not complying with flight conditions
9.1 A person who proposes to fly a relevant aircraft otherwise than in accordance with any of the flight conditions stated in paragraph 7.1 may apply to CASA for approval of the proposed flight.
9.2 The application must:
(a) be in writing; and
(b) include details of the proposed flight; and
(c) be made at least 28 days before the proposed flight.
9.3 CASA may, in writing, approve the application.
9.4 The approval:
(a) must state which of the flight conditions stated in paragraph 7.1 do not apply to the use by the person of the aircraft for the proposed flight; and
(b) may state conditions to be complied with by the person in relation to the proposed flight.
9.5 If the approval is given:
(a) it is a condition of an exemption under subsection 7 that the person only use the aircraft for the proposed flight in accordance with the terms of the approval, including any conditions stated in the approval under subparagraph 9.4 (b); and
(b) the use by the applicant of the aircraft for the proposed flight is not subject to the flight conditions that have been disapplied under subparagraph 9.4 (a).
10 Transitional provisions
10.1 A certificate, approval or authorisation given by a sport aviation body and current or in force under the previous Order immediately before the commencement of this Order, continues on and from that commencement as if it were a corresponding certificate, approval or authorisation, as the case may be, given by the sport aviation body under this Order and subject to the same terms and conditions.
10.2 An approval given by CASA and current or in force under paragraph 9.3 of the previous Order immediately before the commencement of this Order, continues on and from that commencement as if it were a corresponding approval given by CASA under paragraph 9.3 of this Order and subject to the same terms and conditions.
10.3 A validly made application made under subsection 9 of the previous Order and not decided by the commencement of this Order is taken to be a validly made application for an approval under subsection 9 of this Order.
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