CASA EX191/15 - Exemption — powered weight shift controlled aircraft

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01928 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — powered weight shift controlled aircraft

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.

 

Instrument

The instrument exempts powered weight shift controlled aircraft – as defined in Civil Aviation Order 95.8 and Civil Aviation Order 95.32 – undertaking aerial work operations from compliance with certain Parts and provisions of the Civil Aviation Regulations 1988 (CAR 1988) dealing with airworthiness requirements, maintenance, navigation logs, conditions of flight, flight rules, and rules of the air that are not applicable to the kind of aircraft or the operations being conducted. To avoid doubt, the instrument does not apply to light sport aircraft.

 

The exemption is subject to conditions set out in Schedule 1. According to the conditions, powered weight shift controlled aircraft may only be flown by a person who holds a pilot certificate and endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated and in accordance with the operations manual provided by the relevant Air Operator’s Certificate holder.

 

The conditions also ensure that a powered weight shift controlled aircraft is not flown unless, in the event of an engine failure, the pilot is able to glide safely to, and land at, an appropriate area. Additional conditions relate to the height at which powered weight shift controlled aircraft may be flown, the requirement to operate in accordance with Air Traffic Control clearance when in controlled airspace, and other operational requirements.

 

The classes of aircraft are such that it is not possible to outline all conditions in the instrument. Other conditions will be incorporated into the operator’s operations manual.

 

Legislative Instruments Act 2003 (the LIA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

CASA EX191/15 replaces a previous instrument, CASA EX142/12, which permitted powered paragliders to be used for aerial work operations and which expired at the end of August 2015. A number of exempted provisions have been updated or removed to reflect legislative changes to CAR 1988. The instrument is of beneficial effect to industry and its continuation has been requested by industry. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for an exemption (OBPR id: 14507).

 

Making and commencement

The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of October 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX191/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Exemption — powered weight shift controlled aircraft

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The legislative instrument allows powered weight shift controlled aircraft to be used for aerial work purposes such as aerial advertising, aerial photography and aerial spotting. The aircraft captured by this exemption are defined in Civil Aviation Order 95.8 and Civil Aviation Order 95.32. The instrument replaces an earlier exemption, CASA EX142/12, which expired at the end of August 2015.

 

The instrument is subject to conditions that CASA has imposed in the interests of aviation safety.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

 

Overview

The Civil Aviation Safety Regulations 1998 were enacted to address the need for specific regulations governing the safety of civil aviation in Australia. This was necessary to ensure that the operations of aircraft in Australian airspace were conducted in a manner that preserves safety. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA) has been delegated the authority to issue instruments to manage matters affecting the safe navigation and operation of aircraft. The policy objective of this particular exemption is to facilitate the use of powered weight shift controlled aircraft for aerial work operations while maintaining an acceptable level of safety. This is achieved through the imposition of specific conditions that govern the operation of these aircraft, ensuring that only suitably qualified pilots can operate them and that they are used in a manner that does not compromise safety.

Scope and Application

The instrument CASA EX191/15, exempts powered weight shift controlled aircraft from certain provisions of the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998, allowing for their use in aerial work operations such as aerial advertising, aerial photography, and aerial spotting. The exemption applies to aircraft defined in Civil Aviation Order 95.8 and Civil Aviation Order 95.32, but excludes light sport aircraft. The exemption is granted by the Civil Aviation Safety Authority (CASA) under its authority provided by the Civil Aviation Act 1988 and is subject to conditions designed to ensure aviation safety, including that the aircraft must be flown by a person holding a pilot certificate and endorsement from the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated, and in accordance with the operations manual provided by the Air Operator’s Certificate holder. The instrument is also subject to additional conditions such as ensuring the pilot can glide safely to land in the event of engine failure, compliance with Air Traffic Control clearance when in controlled airspace, and other operational requirements. The instrument is of beneficial effect to industry and has been continued at the request of industry, with CASA considering further consultation under the Legislative Instruments Act 2003 as unnecessary or inappropriate. The instrument has been made by a delegate of CASA and will commence on the day of registration, expiring at the end of October 2018.

Key Provisions

The Civil Aviation Safety Regulations 1998, as modified by the legislative instrument CASA EX191/15, exempt powered weight shift controlled aircraft from specific provisions of the Civil Aviation Regulations 1988, when these aircraft are used for aerial work operations. The exemption applies to aircraft as defined in Civil Aviation Orders 95.8 and 95.32 but explicitly excludes light sport aircraft. These regulations and orders require compliance with certain airworthiness, maintenance, navigation logs, flight rules, and operational standards that are not applicable to the specific nature of these aircraft and their intended use (Subreg 11.160(1) and Reg 11.205). The exemption aims to facilitate the use of these aircraft in operations such as aerial advertising, aerial photography, and aerial spotting, while ensuring that safety standards are maintained through the imposition of specific conditions (Subreg 11.170(3)). The obligations imposed by this exemption on the parties or entities it governs include the requirement that only pilots holding a pilot certificate and endorsement from the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated can operate these aircraft. Furthermore, the aircraft must be flown in accordance with the operations manual provided by the relevant Air Operator’s Certificate holder. A critical condition is that the aircraft must only be flown if, in the event of an engine failure, the pilot can safely glide to and land at an appropriate area. Other operational requirements include restrictions on the height at which these aircraft can be flown and the need to comply with Air Traffic Control clearance when operating in controlled airspace (Schedule 1 of CASA EX191/15). Any breach of the conditions set out in this exemption may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for non-compliance are not detailed within the legislative text provided. It is noted that the instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament, which underscores the regulatory oversight and the importance of compliance with the imposed conditions (s 38 and 42 of the LIA). Failure to adhere to these conditions could potentially lead to enforcement actions by the Civil Aviation Safety Authority (CASA), but the exact penalties are not specified in the provided text.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Compliance Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.