Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

as amended

made 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.

This compilation was prepared on 9 July 2026 and includes amendment F2026L00923. It is a compilation of Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024, as amended and in force on 9 July 2026.

Prepared by the Legal Services Branch, Legal Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 2.

Contents

Page

1 Name

3 Repeal

4 Application

5 Definitions

6 Relevant aircraft authorised to fly without certificate of airworthiness

7 Authorisation to perform duty without civil aviation authority

8 Exemptions

9 General conditions

10 Flight conditions

10A Controlled aerodromes, Class A, B, C or D airspace and restricted areas

10B Online self-assessment of medical fitness

10C Conditions — pilots holding current record of class 5 medical self‑declaration only

11 Flight height and separation limitations

12 Approval of flights not complying with conditions

13 Transitional provisions

14 Savings Provision — Civil Aviation Order 95.10 Amendment Instrument 2026

Note to Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

1 Name

 1.1 This instrument is Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024.

 1.2 This instrument may be cited as Civil Aviation Order 95.10.

 1.3 A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to section 95.10 of the Civil Aviation Orders is taken to be a reference to this instrument.

3 Repeal

  This instrument is repealed at the end of 1 December 2027.

4 Application

  This Order applies in relation to a microlight aeroplane if it is listed with a sport aviation body (referred to in this Order as a relevant aircraft).

Note   See definition of listed in paragraph 5.1.

5 Definitions

Note   In this Order, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: ASAO, authorised person, aviation safety radio frequency, certificate of airworthiness, exposition, flying training, inoperative, pilot certificate, restricted area, sport aviation body, weight-shift-controlled aeroplane, VMC and VMC criteria.

 5.1 In this Order, unless the contrary intention appears:

3-axis aeroplane means an aeroplane that has a conventional 3-axis flight control system.

acceptable correcting lenses means correcting lenses (which may be a pair of spectacles or a combination of contact lenses and a pair of spectacles) to satisfy the requirements of item 1.36 of table 67.150 of CASR.

Act means the Civil Aviation Act 1988.

automatic ELT has the meaning given by section 26.50 of the Part 91 MOS.

aviation English language proficiency assessment has the meaning given by regulation 61.010 of CASR.

Aviation Medical Certificate (Basic Class 2) means a certificate issued by CASA to a person, under a legislative instrument made by CASA, on the basis that the person meets the medical standard basic class 2, as the medical standard exists at the time CASA issues the certificate.

Note   At the time of making Civil Aviation Order 95.10 Amendment Instrument 2026, an Aviation Medical Certificate (Basic Class 2) is issued under CASA EX11/25 — Medical Certification (Basic Class 2 Medical Certificate) Exemption 2025 (freely available to view or download at <https://www.legislation.gov.au/F2025L00270>).

Aviation Medical Guidelines means the document entitled Guidelines – Medical Assessment for Aviation, as published by CASA from time to time.

Note   At the time of making Civil Aviation Order 95.10 Amendment Instrument 2026, version 1.1 (dated September 2025) of the Guidelines – Medical Assessment for Aviation was freely available to view or download on CASA’s website at <https://casa.gov.au>.

CAO 20.18 means Civil Aviation Order 20.18, as in force immediately before the commencement of the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021.

close relative, of a person, means the spouse or a parent, child or sibling of the person.

conditional private driver licence means a private driver licence issued by a driver licensing authority of a State or Territory as a conditional licence in accordance with a law in force in the State or Territory and that is issued subject to any of the following conditions:

(a) that the holder must wear correcting lenses at all times while driving;

(b) that the holder is only authorised to drive during daylight hours;

(c) that the holder must drive only a motor vehicle that is fitted with a specified driver aid or that is modified as directed by the driver licensing authority or as printed on the licence;

(d) that the driver is regularly medically assessed for fitness to drive.

controlled aerodrome endorsement has the same meaning as in Division 61.G.2 of CASR.

controlled airspace endorsement has the same meaning as in Division 61.G.2 of CASR.

current:

(a) for an Aviation Medical Certificate (Basic Class 2) — means the period beginning from when the certificate is issued by CASA and ending at the time and date of expiry, as recorded on the certificate; and

(b) for a class 1 medical certificate — has the meaning given by regulation 61.010 of CASR; and

(c) for a class 2 medical certificate — has the meaning given by regulation 61.010 of CASR; and

(d) for a record of class 5 medical self-declaration, means:

 (i) the renewal date specified in the record has not passed; and

 (ii) the person to whom CASA gave the record has not been required to surrender the record for one of the reasons mentioned in paragraph 10C.4; and

(e) for a recreational aviation medical practitioner’s certificate — has the meaning given by regulation 61.010 of CASR; and

(f) for an aviation English language proficiency assessment — has the meaning given by regulation 61.010 of CASR.

disqualifying medical condition means any of the following:

(a) epilepsy and other seizure disorders, or diseases that could cause seizures;

(b) blackouts or other sudden alterations of consciousness, or diseases that could cause these;

(c) insulin-treated diabetes;

(d) high-risk pregnancy;

(e) lung disease that requires oxygen therapy;

(f) intracranial malignancies;

(g) visual field or visual acuity that does not meet the private vehicle driver standards set out in the publication Assessing fitness to drive for commercial and private vehicle drivers, as existing from time to time;

Note   At the time of making Civil Aviation Order 95.10 Amendment Instrument 2026, the publication titled Assessing fitness to drive for commercial and private vehicle drivers, 6th edition, 2022 is freely available by searching for the publication title on the Austroads Publications page, located at <https://austroads.gov.au/publications>.

(h) hearing loss that means the person is unable to understand conversational voice at a distance of 2 metres at the time of the assessment, whether unaided or with the assistance of a medically prescribed hearing aid;

(i) any neurological or other functional impairment that causes the person not to be able to operate the flight controls safely in all circumstances when in the flying environment;

(j) any musculoskeletal disability, disorder or disease of the bones, joints, muscles, or tendons, which would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;

(k) any other abnormality, disability, or disease (active or latent) or injury that can become suddenly and unpredictably safety-relevant in the flying environment;

(l) any other medical condition that makes a person unable to safely perform all required aspects of the flying task that the person intends to perform;

(m) any disease or condition that reduces the capacity of a person to undertake the online self-assessment of medical fitness process, including to make a declaration or give an undertaking as part of that process, including, but not limited to, the following:

 (i) dementia or other memory disorders, including, but not limited to, Alzheimer’s disease, vascular dementia and Lewy Body dementia;

 (ii) psychotic disorders or psychiatric diseases with psychotic features, including, but not limited to, schizophrenia and bipolar disorder;

 (iii) any other disease that includes cognitive impairment or decline as a known part of the natural history of the disease, including, but not limited to, Parkinson’s disease and traumatic brain injury.

disqualifying medication or substance means any of the following medications or substances that, if taken or used regularly at the dosage or amount taken by the person concerned, may reduce the person’s capacity to safely perform all required aspects of the flying task that the person intends to perform, or to undertake the online self-assessment of medical fitness process (including making a declaration or giving an undertaking as part of that process):

(a) benzodiazepines and other sedatives, including, but not limited to, diazepam and alprazolam;

(b) antipsychotics, including, but not limited to, olanzapine, quetiapine and aripiprazole;

(c) tricyclic antidepressants, including, but not limited to, amitriptyline;

(d) mood stabilising medications, including, but not limited to, lithium and sodium valproate;

(e) narcotic analgesics, including, but not limited to, hydromorphone, codeine, morphine and oxycodone;

(f) pain-modifying medications, including, but not limited to, gabapentin and pregabalin;

(g) Δ9-tetrahydrocannabinol;

(h) 6-Acetyl morphine;

(i) Amphetamine;

(j) Benzoylecgonine;

(k) Cocaine;

(l) Codeine;

(m) Dexamphetamine;

(n) Methylamphetamine;

(o) Methylenedioxyamphetamine;

(p) Methylenedioxymethylamphetamine;

(q) Morphine;

(r) any medication that causes the pilot to have an alteration in sensory function, motor function or cognition.

flight radio endorsement has the same meaning as in Division 61.G.2 of CASR.

listed: an aircraft is listed with a sport aviation body if:

(a) the sport aviation body’s approved function is or includes administering the aircraft; and

(b) the sport aviation body holds a record of:

 (i) a description of the aircraft (by reference to its make, model and serial number or construction number) and the identity of the aircraft’s operator; and

 (ii) the identifying mark issued for the aircraft by the sport aviation body in accordance with its operations manual or technical manual.

medical condition — see paragraph 5.7.

medically significant condition has the meaning given by subregulation 67.010(1) of CASR.

medical practitioner means a person entitled to practice as a medical practitioner under a law of a State or Territory.

medical standard basic class 2 means the commercial vehicle driver medical standards that apply to drivers of heavy vehicles, public passenger vehicles or vehicles carrying dangerous goods, published by Austroads, without conditions or restrictions other than a requirement to wear glasses or a hearing aid.

Note   At the time of making Civil Aviation Order 95.10 Amendment Instrument 2026, the commercial vehicle driver medical standards mentioned in the definition of medical standard basic class 2 are included in the publication titled Assessing fitness to drive for commercial and private vehicle drivers, 6th edition, 2022. That publication is freely available by searching for the publication title on the Austroads Publications page, located at <https://austroads.gov.au/publications>.

microlight aeroplane means a privately built single-place weight‑shift‑controlled aeroplane or a privately built single-place 3-axis aeroplane that:

(a) has a take-off weight (being the total weight of the aeroplane when it begins to taxi before taking off, including the weight of the pilot and of fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage) not exceeding:

 (i) in the case of an aeroplane that is not equipped to land on water:

(A) if it has no parachute recovery system — 300 kilograms; or

(B) if it has a parachute recovery system — 320 kilograms; or

 (ii) in the case of an aeroplane that is equipped to land on water:

(A) if it has no parachute recovery system — 335 kilograms; or

(B) if it has a parachute recovery system — 355 kilograms; and

(b) has a wing loading not exceeding 30 kilograms per square metre at its take‑off weight.

Note   A microlight aeroplane is not a Part 103 aircraft.

needs correcting lenses, in relation to a person, means a person:

(a) who would fail to qualify for a record of class 5 medical self-declaration where the only medical condition causing such a failure would relate solely to the person’s ophthalmic condition for which the normal use of prescribed refractive correcting lenses is the only medical requirement; and

(b) whose visual acuity is corrected by their lenses to:

 (i) at least 6/12 in 1 eye; and

 (ii) at least 6/18 in the other eye; and

 (iii) at least 6/12 in both eyes together; and

(c) whose record of class 5 medical self-declaration includes the following information:

  “The person to whom this record of class 5 medical self-declaration relates must wear correcting lenses at all times when relying on this medical self‑declaration in the exercise of functions and privileges for aviation purposes.”.

online self-assessment of medical fitness process means the process described in subsection 10B.

Note   The steps in the online self-assessment of medical fitness process, listed in subsection 10B, include a requirement that the person involved is provided with a copy of the Aviation Medical Guidelines.

operations manual, in relation to the relevant sport aviation body for a relevant aircraft, means the manual, approved from time to time by CASA, that contains the practices, procedures, instructions and other information by which the sport aviation body ensures the operational safety of the aircraft in accordance with the civil aviation legislation.

operative, for anything, means that the thing is not inoperative.

Order means Civil Aviation Order.

Part 61-equivalent controlled aerodrome endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements that are, under the RAAus exposition, equivalent to the standards for:

(a) a controlled aerodrome endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

Note 1   The controlled aerodrome endorsement standards under Part 61 of CASR are mentioned in Appendix G.5 of Schedule 1, and in Schedule 2, to the Part 61 MOS.

Note 2   The flight radio endorsement standards under Part 61 of CASR are mentioned in Appendix G.7 of Schedule 1, and in Schedule 2, to the Part 61 MOS.

Part 61-equivalent controlled airspace endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements, under the RAAus exposition, equivalent to the standards for:

(a) a controlled airspace endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

Note 1   The controlled airspace endorsement standards under Part 61 of CASR are mentioned in Appendix G.6 of Schedule 1, and in Schedule 2, to the Part 61 MOS.

Note 2   The flight radio endorsement standards under Part 61 of CASR are mentioned in Appendix G.7 of Schedule 1, and in Schedule 2, to the Part 61 MOS.

Part 61 MOS means the Part 61 Manual of Standards Instrument 2014, as in force from time to time.

Part 91 MOS means the Part 91 Manual of Standards.

pilot authorisation means a pilot certificate, or a rating or endorsement on a pilot certificate, and includes, without limitation, a flying instructor authorisation.

pilot authorisation applicant means a person who has applied to RAAus for the grant of a pilot authorisation (whether or not the person has applied after a pilot authorisation they held was cancelled).

private driver licence means a private driver licence issued by a driver licensing authority of a State or Territory in accordance with a law in force in the State or Territory authorising the holder to drive:

(a) a motor vehicle with a maximum loaded mass that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver); or

(b) a car-based motor tricycle; or

(c) a motor bike; or

(d) a motor trike (other than a car-based motor tricycle) that does not have a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van; or

(e) any tractor or implement.

privately built: see paragraph 5.2.

problematic use of a substance means the use of one or more psychoactive substances by aviation personnel in a way that:

(a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or

(b) causes or worsens an occupational, social, mental or physical problem or disorder.

Note   This definition is based on the definition of Problematic use of substances in section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.

psychoactive substance means:

(a) alcohol; or

(b) opioids; or

(c) cannabinoids; or

(d) sedatives and hypnotics; or

(e) cocaine; or

(f) any other psychostimulants, hallucinogens, and volatile solvents, excluding caffeine or nicotine.

Note   This definition is based on the definition of Psychoactive substances in section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.

RAAus means Recreational Aviation Australia Limited.

RAAus appointed person, in relation to the inspection of a record of class 5 medical self-declaration, means a person who:

(a) is appointed by RAAus in its capacity as an ASAO to perform an approved function on its behalf; and

(b) has duties and responsibilities, set out in the RAAus exposition for an appointed person, conducting audits or surveillance in relation to an approved function of RAAus mentioned in section 20 or 21 of the Part 149 Manual of Standards.

Note 1   Under subsection 149.220(2) of CASR, an ASAO must maintain a register containing particular information for each person appointed by the ASAO to perform an approved function on behalf of the ASAO.

Note 2   Subsection 20(1) of the Part 149 Manual of Standards prescribes the aviation administration function of administering the flight operations of a Part 149 aircraft, including authorising individuals to perform a duty essential to the operation of the aircraft. Subsections 20(2) to (6) set out the scope of the function, along with activities and authorisations administered under the function. Subsection 21(1) prescribes the aviation administration function of administering a person that conducts flying training, or flight tests, in relation to a Part 149 aircraft (a Part 149 flying training organisation). Subsections 21(2) to (4) set out the following:

(a) the scope of the function;

(b) under the function, a person may be authorised to be a Part 149 flying training organisation that, for the aircraft, does one or more of the activities mentioned in subsection (3);

(c) the circumstances in which a Part 149 training organisation conducts flying training, or a flight test, in relation to the aircraft.

RAAus restricted pilot means a person who:

(a) holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and

(b) is authorised to fly a solo flight by a person approved by RAAus, in accordance with the RAAus exposition, to carry out flying training.

recognised standard part, in relation to a relevant aircraft, means a part specified in a list of standard parts for such aircraft included in the relevant sport aviation’s operations manual or technical manual, or if the sport aviation body is an ASAO, its exposition.

record of class 5 medical self-declaration, in relation to a person, means a document given to the person by CASA to acknowledge that the person has successfully completed the online self-assessment of medical fitness process.

recreational aviation medical practitioner’s certificate has the meaning given by regulation 61.010 of CASR.

regularly taking or using, in relation to the taking or using of a medication or substance by a particular person, means taking or using the medication or substance on most days, in circumstances in which the disease or symptoms for which the person is taking or using the medication or substance can be expected to become significantly worse if the medication or substance is not taken or used on most days.

relevant aircraft means an aircraft to which this Order applies under subsection 4.

relevant sport aviation body, in relation to an aircraft, person or activity means a sport aviation body whose approved function is or includes administering the aircraft, person or activity (whether or not the sport aviation body is an ASAO).

renewal date, in relation to a person’s record of class 5 medical self-declaration, means the date specified in it as the date when the self-declaration ends (unless the person has been earlier required to surrender the self-declaration), which will be:

(a) 5 years after the date of successful completion of the self-assessment process set out in subsection 10B — in the case of a person who was younger than 40 when that process was successfully completed and does not also hold a conditional private driver licence; or

(b) 2 years after the date of successful completion — in the case of a person:

 (i) who was younger than 40 when that process was successfully completed and who holds a conditional private driver licence; or

 (ii) who was between 40 and 75 years old when that process was successfully completed; or

(c) 1 year after the date of successful completion — in the case of a person who was 75 years old or older when that process was successfully completed.

safety-relevant, in relation to a medical condition, means a condition that reduces, or is likely to reduce, the ability of someone who has it to:

(a) in the case of RAAus restricted pilot — conduct a solo flight; or

(b) in the case of a pilot authorisation applicant — undertake a flight test in an aircraft; or

(c) in the case of a person who holds a pilot authorisation — exercise the privileges of the authorisation in a single-pilot operation in an aircraft.

single-place aircraft means an aircraft that has been designed, manufactured or certificated to carry only the pilot and no other person.

SSR has the meaning given by section 26.67 of the Part 91 MOS.

successfully completed the online self-assessment of medical fitness process — see subsection 10B.

surveillance equipment has the meaning given by section 26.67 of the Part 91 MOS.

suitable landing area, in relation to a relevant aircraft, means an area in which such an aircraft may be landed without endangering the safety, or damaging the property, of persons unconnected with the operation of the aircraft.

survival ELT has the meaning given by section 26.51 of Part 91 MOS.

technical manual, in relation to the relevant sport aviation body for a relevant aircraft, means the manual, approved from time to time by CASA, that contains:

(a) airworthiness, design and maintenance standards; and

(b) aeronautical practices and test procedures and processes;

by which the relevant sport aviation body ensures the technical safety of the aircraft in accordance with the civil aviation legislation.

transponder has the meaning given by section 26.67 of the Part 91 MOS.

 5.2 Subject to paragraph 5.3, for the purposes of this Order, a microlight aeroplane is privately built only if:

(a) the aeroplane was built by a person, or was jointly built by not more than 4 persons, with a view to the aeroplane being owned by the person, or by 1 or more of the persons, who built it; and

(b) the person who built the aeroplane was, or each of the persons who built the aeroplane was, at the time of completion of the aeroplane, an eligible private builder in relation to the aeroplane (within the meaning of paragraph 5.5); and

(c) the aeroplane:

 (i) was designed by its builder, or by 1 or more of its builders; or

 (ii) was built in accordance with a set of drawings or a data package, or a set of drawings and a data package, approved, in writing, by a relevant sport aviation body; or

 (iii) was built from a kit approved, in writing, by a sport aviation body; and

(d) except in a case to which sub-subparagraph (c)(iii) applies — the parts from which the aeroplane was built (other than any recognised standard parts) were made by, or at the direction of, the person, or 1 or more of the persons, who built the aeroplane.

 5.3 CASA may determine, in writing, that a microlight aeroplane that would not otherwise comply with this Order:

(a) substantially complies with specifications set out in this Order; and

(b) may safely be operated in accordance with its conditions.

 5.4 The operator of a microlight aeroplane, the subject of a determination under paragraph 5.3, may operate the aeroplane in accordance with this Order, subject to compliance with any additional condition that CASA mentions in that determination.

 5.5 For the purposes of this Order, a person is, at the time the building of a microlight aeroplane is completed, an eligible private builder in relation to the aeroplane only if the person has not, within the preceding 12 months, whether alone or jointly with another person or other persons, completed building another microlight aeroplane that satisfies the requirements mentioned in subparagraph 5.2(c).

 5.6 In this Order, a reference to a class of airspace means the volumes of airspace of that class, as determined by CASA in the Determination of Airspace and Controlled Aerodromes, Etc. (Designated Airspace Handbook) Instrument, as in force from time to time.

 5.7 A reference in this Order to a medical condition (other than pregnancy, a consequence of pregnancy or the termination of a pregnancy) includes both such a condition that is congenital and one that is the result of injury or illness.

6 Relevant aircraft authorised to fly without certificate of airworthiness

Subject to the other subsections in this Order, a relevant aircraft is, for the purposes of regulation 200.020 of CASR (and for those purposes only), an Australian aircraft that is exempt from CASR (other than Parts 1, 11, 21, 39, 61, 67, 91, 92, 99 and 149).

Note   Under regulation 200.020 of CASR, for the purposes of paragraph 20AA(3)(b) of the Act, such an aircraft is authorised to fly without a certificate of airworthiness.

7 Authorisation to perform duty without civil aviation authority

 7.1 Subject to the conditions in this Order, for the purposes of paragraph 20AB(1)(b) of the Act, a person performing a duty that is essential to the operation of a relevant aircraft during flight time is authorised to do so without a civil aviation authorisation mentioned in paragraph 20AB(1)(a).

 7.2 Despite paragraph 7.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or 64 of CASR.

8 Exemptions

 8.1 Subject to paragraph 8.3, 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 in this Order (to the extent to which they are applicable).

 8.2 In this subsection:

  exempted provisions means:

(a) Parts 4, 4A, 4B, 4C and 4D of CAR; and

(b) the following provisions of CASR:

 (ii) regulations 91.095, 91.105, 91.110, 91.115, 91.145, 91.155, 91.267, 91.390, 91.415, 91.425, 91.550, 91.585, 91.590, 91.595, 91.605, 91.615, 91.625, 91.725, 91.810 and 91.915;

 (iii) Subpart 91.Y;

 (iv) Parts 13, 33, 35, 45, 47, 64 and 90.

 8.3 The exempted provision relating to regulation 91.390 of CASR does not apply in relation to a microlight aeroplane that is a 3-axis aeroplane.

9 General conditions

Note   CASA may, by an approval under subsection 12, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.

  The following general conditions apply in relation to a relevant aircraft:

(a) if a relevant aircraft:

 (i) was first listed with a sport aviation body on or after 1 March 1990; and

 (ii) was privately built; and

 (iii) is owned by a person who is not the builder;

the aircraft must not be flown unless a certificate or other authorisation has been issued by the relevant sport aviation body stating that the aircraft meets the requirements set out in its operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition;

(b) a sign must be clearly displayed in a relevant aircraft, in a position visible to the pilot when occupying the control seat, stating that:

 (i) the airworthiness of the aircraft has not been guaranteed by CASA; and

 (ii) the airworthiness of the aircraft has not been guaranteed by the relevant sport aviation body; and

 (iii) the pilot operates the aircraft at the pilot’s own risk;

(c) a relevant aircraft must not be used for the carriage of passengers or cargo for hire or reward;

(d) a relevant aircraft must not be used for any purpose other than:

 (i) the personal carriage of the pilot; or

 (ii) the aerial inspection, conducted as a private operation, of stock, fencing or farm or pastoral equipment that is located on land owned by, or under the control of, the pilot or a close relative of the pilot (with the relative’s consent);

(e) a person must not operate a relevant aircraft as pilot in command unless:

 (i) the person holds a pilot certificate granted by the relevant sport aviation body in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and

 (ii) subject to the other conditions specified in this Order, the person operates the aircraft in accordance with the privileges and limitations of the certificate;

(f) subject to the other conditions set out in this Order, a person operating a relevant aircraft must do so in accordance with the requirements of the relevant sport aviation body’s operations manual and technical manual or, if the sport aviation body is an ASAO, its exposition;

(g) a person maintaining a relevant aircraft must hold the necessary qualification for that activity as specified in, and maintain the aircraft in accordance with, the relevant sport aviation body’s operations manual and technical manual or, if the sport aviation body is an ASAO, its exposition.

10 Flight conditions

Note   CASA may, by an approval under subsection 12, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.

 10.1 The following flight conditions apply in relation to a relevant aircraft:

(a) a relevant aircraft may only be flown in VMC and in accordance with the VFR;

(b) a relevant aircraft may only be flown during daylight hours;

(c) a relevant aircraft must not conduct aerobatic manoeuvres;

(d) any cargo carried on board a flight by a relevant aircraft must be securely restrained;

(e) a relevant aircraft must not be flown at a height of less than 500 feet above ground level unless at least one of the conditions set out in paragraph 11.1 is satisfied;

(f) a relevant aircraft must not be flown above a body of water at a horizontal distance from a suitable landing area of more than:

 (i) the distance that the aircraft could glide in case of engine failure; or

 (ii) if the pilot is wearing a life jacket and the aircraft is equipped with a serviceable radiocommunication system and an automatic ELT or survival ELT:

(A) 25 nautical miles; or

(B) in the case of a flight between Tasmania and mainland Australia in either direction — a longer route if taking advantage of safer weather conditions;

(g) subject to paragraph 10.1A, a relevant aircraft must not be flown over a populous area or public gathering unless an approval is in force under regulation 91.045 or 91.050 of CASR authorising the flight over the area or gathering, which approval imposes no conditions or limitations that would prevent the flight;

(h) a relevant aircraft may only be flown in:

 (i) Class E or G airspace; or

 (ii) subject to subsection 10A, at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area.

 10.1A An approval mentioned in subparagraph 10.1(g) is not required for a flight in a relevant aircraft if:

(a) the flight is over a populous area that is not the built-up area of a city or town; or

(b) the flight is over a public gathering and the aeroplane is only passing over the public gathering for the purpose of:

 (i) arrival or departure from an aerodrome in the course of normal navigation; or

 (ii) transit, in the course of normal navigation.

 10.3 Any radiocommunications equipment fitted to a relevant aircraft must not be used by a person unless:

(a) in the case of transmission in VHF frequency:

 (i) the person is authorised or qualified to transmit in VHF frequency under Part 61 of CASR; or

 (ii) the relevant sport aviation body has authorised the person to operate VHF radiocommunications equipment in accordance with its operations manual or, if the body is an ASAO, its exposition; or

(b) in any other case — the person is authorised or qualified to transmit in the relevant frequency in accordance with regulation 91.625 of CASR.

 10.4 A relevant aircraft, other than a relevant aircraft to which paragraph 10A.3 applies, that is fitted with, or carries, automatic dependent surveillance-broadcast equipment must comply with the requirements relating to the equipment in subsection 9B of CAO 20.18.

 10.5 A relevant aircraft, other than a relevant aircraft to which paragraph 10A.3 applies, that is fitted with, or carries, SSR transponder equipment must comply with the requirements relating to the equipment in subsections 9BA, 9C and 9E of CAO 20.18.

10A Controlled aerodromes, Class A, B, C or D airspace and restricted areas

 10A.1 For sub-subparagraph 10.1(h)(ii), a person must not operate a relevant aircraft at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area, unless the requirements of paragraphs 10A.2 to 10A.7 are met.

 10A.2 For paragraph 10A.1, the requirements are:

(a) that an experimental certificate under regulation 21.195A of CASR is in force in relation to the aircraft, or would be in force but for the operation of subregulation 21.195B(4) of CASR; and

(b) that an approval is in force under regulation 91.045 or 91.050 of CASR authorising flight in the aircraft over a populous area or public gathering, which approval imposes no conditions or limitations that would prevent the flight.

 10A.3 For paragraph 10A.1, the requirements are:

(a) the aircraft is fitted with a radio capable of two-way communication with air traffic control; and

(b) for an aircraft mentioned in paragraph 10A.2:

 (i) the aircraft complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment, subject to the variations set out in paragraph 10A.8, as if the aircraft is a relevant aircraft within the meaning given by section 26.66 of the Part 91 MOS; and

 (ii) surveillance equipment fitted to comply with section 26.68 of the Part 91 MOS must be operative except as prescribed by section 26.73 of the Part 91 MOS; and

(c) the pilot in command of a relevant aircraft complies with the requirements of Division 26.16 of the Part 91 MOS mentioned in subparagraph (b).

 10A.4 For paragraph 10A.1, the requirements are that the pilot in command of a relevant aircraft must hold a current certificate or record of one of the following kinds:

(a) an Aviation Medical Certificate (Basic Class 2);

(b) a class 1 medical certificate;

(c) a class 2 medical certificate;

(d) a record of class 5 medical self-declaration;

(e) a recreational aviation medical practitioner’s certificate.

 10A.5 For paragraph 10A.1, the requirements are that the pilot in command of a relevant aircraft must not operate a relevant aircraft at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area, unless:

(a) if the pilot is a RAAus restricted pilot — the pilot is, in relation to English language proficiency, authorised or qualified to transmit on an aviation safety radio frequency in accordance with the RAAus exposition; and

(b) if the pilot is not a RAAus restricted pilot — the pilot has a current aviation English language proficiency assessment; and

(c) the pilot is carrying a copy of a current certificate or record mentioned in paragraph 10A.4.

 10A.6 For paragraph 10A.1, in relation to operating at a controlled aerodrome, the requirements are that the pilot in command of a relevant aircraft:

(a) holds a pilot licence with an aircraft category rating, the valid privileges of which include operating at a controlled aerodrome, and has a valid flight review for the aircraft’s class rating under Part 61 of CASR; or

(b) holds a Part 61-equivalent controlled aerodrome endorsement; or

(c) is undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

 (i) flying training for a pilot authorisation;

 (ii) taking a flight test for a pilot authorisation;

 (iii) meeting the aeronautical experience requirements for a pilot authorisation.

 10A.7 For paragraph 10A.1, in relation to operating in Class A, B, C, D airspace or a restricted area, the requirements are that the pilot in command of a relevant aircraft:

(a) holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace, and has a valid flight review for the aircraft’s class rating under Part 61 of CASR; or

(b) holds a Part 61-equivalent controlled airspace endorsement; or

(c) is undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

 (i) flying training for a pilot authorisation;

 (ii) taking a flight test for a pilot authorisation;

 (iii) meeting the aeronautical experience requirements for a pilot authorisation.

 10A.8 For the purposes of subparagraph 10A.3(b), the variations are that the following provisions of the Part 91 MOS apply as if the references in the provisions to an “approved Mode S transponder” were references to an “approved transponder”:

(a) subparagraph (c)(i) in column 3 of items 3, 3A and 4 of Table 26.68(2); and

(b) subparagraph (c)(i) in column 3 of item 2 of Table 26.68A(3).

Note 1   Subsection 9 contains conditions, including general pilot authorisation requirements.

Note 2   Regulation 91.285 of CASR additionally requires a person to hold an approval under regulation 91.045 of CASR to conduct a VFR flight in Class A airspace.

10B Online self-assessment of medical fitness

Note   This subsection sets out the steps involved in completing the online self-assessment of medical fitness process. If a person successfully completes the process, CASA will automatically acknowledge that completion with a record of class 5 medical self-declaration.

Applicant must be at least 16

 10B.1 A person is eligible to apply for the online self-assessment of medical fitness process only if the person is at least 16 years old.

Completing the online self-assessment of medical fitness process

 10B.2 A person has successfully completed the online self-assessment of medical fitness process if the person:

(a) has applied in the approved application form on the online portal identified on the CASA website for that purpose and has paid the approved fee; and

(b) has included with that application all the information required by the approved form or by this instrument; and

(c) has been provided with a copy of, or link to, the Aviation Medical Guidelines; and

(d) has declared that they have read and understood the Aviation Medical Guidelines and referred to them in the process of completing the online self‑assessment of their medical fitness; and

(e) has passed an online medical knowledge check that addresses the human factors syllabus, including medical fitness; and

(f) has declared that they have referred to and followed medical guidance, where relevant, or appropriate advice from their healthcare practitioner (for example, their general medical practitioner or optometrist) when completing the online self-assessment of their medical fitness; and

(g) has made full and accurate disclosure of the following health matters existing at the time of the self-assessment, whether or not the matters are covered by the Aviation Medical Guidelines:

 (i) the state of the person’s health generally;

 (ii) the medical conditions, or symptoms of possible medical conditions, that the person is aware of having (if any);

 (iii) the medical treatment (if any) the person is receiving, or was receiving during the 2 years before the online self-assessment of their medical fitness;

 (iv) the medications or substances (if any) that the person is taking or using, or was taking or using during the 2 years before the online self-assessment of their medical fitness;

 (v) any change in health, medical conditions, symptomology or medications or substances taken or used (if any) since last attending or consulting with a medical practitioner; and

(h) has declared that they:

 (i) have never had a private driver licence refused or cancelled on the grounds that they did not comply with the required medical standards or had failed to undergo a required medical examination; and

 (ii) have never had a class 1, 2 or 3 medical certificate refused or cancelled by CASA or by a medical practitioner; and

 (iii) do not have an established medical history or clinical diagnosis of a disqualifying medical condition; and

 (iv) are not regularly taking or using a disqualifying medication or substance; and

 (v) do not have a personal history of problematic use of a substance; and

Note   A person with a personal history of problematic use of a substance may be able to get a class 1 medical certificate, one aspect of which is that the medical practitioner certifies that the person has recovered or is in treatment.

(i) in the case of a person who has been required by a driver licensing authority of a State or Territory to undergo a medical assessment for fitness to drive — has provided CASA with a copy of a current medical assessment for fitness to drive, obtained in accordance with a law in force in a State or Territory, advising a driver licensing authority of a State or Territory that the person meets the appropriate medical standards under that law.

10C Conditions — pilots holding current record of class 5 medical self‑declaration only

Application — particular kind of pilot

 10C.1 This subsection applies to a pilot who:

(a) holds a current record of class 5 medical self-declaration but does not hold a current certificate of a kind mentioned in subparagraph 10A.4(a), (b), (c) or (e); and

(b) is, or proposes to be, the pilot in command of a flight operating at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area (a relevant flight).

Must not fly unless not required to surrender record and flight operated before renewal date

 10C.2 A pilot of the kind mentioned in paragraph 10C.1 must not fly as the pilot in command of a relevant flight unless:

(a) CASA has given the pilot a record of class 5 medical self-declaration to acknowledge their successful completion of the online self-assessment of medical fitness process; and

(b) the pilot has not been required to surrender that record of class 5 medical self‑declaration by the condition mentioned in paragraph 10C.4; and

(c) the relevant flight is conducted before the renewal date specified in the pilot’s record of class 5 medical self-declaration.

Obligation to notify CASA of certain matters and surrender record of class 5 medical self-declaration

 10C.3 A pilot of the kind mentioned in paragraph 10C.1 must notify CASA within 30 days if:

(a) the renewal date specified in their record of class 5 medical self-declaration has passed; or

(b) the pilot:

 (i) knows, or has reasonable grounds to believe, that they have a medically significant condition that impairs their ability to fly a relevant flight and that condition has lasted for more than 60 days; or

 (ii) has a private driver licence refused or cancelled on the grounds that they do not comply with the required medical standards or has failed to undergo required medical examination; or

 (iii) is clinically diagnosed with a disqualifying medical condition; or

 (iv) is regularly taking or using a disqualifying medication or substance; or

 (v) is experiencing problematic use of a substance.

 10C.4 A pilot of the kind mentioned in paragraph 10C.1 must surrender their record of class 5 medical self-declaration to CASA as soon as practicable if:

(a) the renewal date specified in their record of class 5 medical self-declaration has passed; or

(b) the pilot is required to notify CASA of any matter mentioned in paragraph 10C.3.

Pilots must not fly unless medically fit

 10C.5 A pilot of the kind mentioned in paragraph 10C.1 must not fly as the pilot in command of a relevant flight if the pilot:

(a) knows that they have a medically significant condition that impairs their ability to fly a relevant flight; or

(b) has reasonable grounds to believe that they have a medically significant condition that impairs their ability to fly a relevant flight.

 10C.6 A pilot of the kind mentioned in paragraph 10C.1 must, as soon as practicable, cease flying as the pilot in command of a relevant flight if:

(a) there are any changes in their health circumstances, whether involving temporary or longer-term impairment or incapacitation, which:

 (i) may affect their ability to continue to fly the relevant flight; or

 (ii) may otherwise have an impact on aviation safety; or

(b) any issue arises in flight that causes them to have reduced capacity to control the relevant aircraft for any period, or to change the flight plan, such as land early, divert or change altitude.

 10C.7 Paragraph 10C.6 does not apply if, in the circumstances, the relevant act was a reasonable measure to save life (including the pilot’s own life) or avoid damage to property.

Obligation to notify CASA — medically significant condition

 10C.8 A pilot of the kind mentioned in paragraph 10C.1 must notify CASA within 30 days if:

(a) the pilot knows, or has reasonable grounds to believe, that they have a medically significant condition that impairs their ability to fly a relevant flight; and

(b) that condition has lasted for more than 30 days.

Note   Such notification is important for aviation safety purposes. It is an important indication to CASA of willingness to comply with the conditions in this section.

Correcting lenses must be worn if needed

 10C.9 A pilot of the kind mentioned in paragraph 10C.1 who needs correcting lenses must not fly as the pilot in command of a relevant flight unless, throughout the relevant flight, the pilot:

(a) has acceptable correcting lenses available for use; and

(b) has within reach a spare pair of spectacles for each pair of correcting lenses that the pilot requires to comply with this paragraph.

Record of class 5 medical self-declaration must be carried on relevant aircraft and produced for inspection

 10C.10 A pilot of the kind mentioned in paragraph 10C.1 must, on request of any of the following persons, produce their record of class 5 medical self-declaration for inspection by the person:

(a) an authorised person;

(b) a RAAus appointed person;

(c) a person who is one of the key personnel of RAAus.

11 Flight height and separation limitations

Note   CASA may, by an approval under subsection 12, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.

 11.1 For the purposes of subparagraph 10.1(e), a relevant aircraft may be flown at less than 500 feet above ground level over land owned by a person (including the Crown) if:

(a) the aircraft is flying in the course of actually taking off or landing; or

(b) the aircraft is flying over land that is owned by, or under the control of, the pilot; or

(c) the owner or occupier (including the Crown) of the land, or an agent or employee of the owner or occupier, has given permission for the flight to take place at such a height.

 11.2 Except when taking off or landing, a relevant aircraft that is flown at a height lower than 500 feet above ground level must be at a distance of at least 100 metres horizontally from:

(a) a public road (being a street, road, lane, thoroughfare or place open to, or used by, the public for passage of vehicles); or

(b) a person, other than a person associated with the operation of the aircraft; or

(c) a dwelling, except with the permission of the occupier.

 11.3 When taking off or landing a relevant aircraft that is flown at a height of less than 500 feet above ground level, the pilot must, during the take-off or landing, maintain a horizontal distance from a person or place referred to in paragraph 1.2 that may be less than 100 metres but is:

(a) enough to avoid endangering any person or causing damage to any property; and

(b) as far as possible from such a person or place, having regard to carrying out a safe take-off or landing.

 11.4 A relevant aircraft must not be flown:

(a) at a height of 5 000 feet above mean sea level or higher; or

(b) in the VMC criteria specified in item 4 of Table 2.07(3) of the Part 91 MOS;

unless the aircraft is equipped with a serviceable radiocommunication system and the pilot is qualified to use it in accordance with paragraph 10.3.

 11.5 A relevant aircraft must not be flown at a height of more than 10 000 feet above mean sea level.

12 Approval of flights not complying with conditions

 12.1 CASA may, on application by a person who proposes to fly a relevant aircraft otherwise than in accordance with a condition in subsection 9, 10 or 11 (not including subparagraph 10.1(h)), approve the proposed flight.

 12.2 The application must:

(a) include details of the proposed flight and the condition sought to be disapplied; and

(b) be made at least 28 days before the proposed flight.

 12.3 The approval must specify:

(a) the condition in subsection 9, 10 or 11 that is not to apply in relation to the proposed flight; and

(b) the conditions, if any, to which the approval is subject.

 12.4 A person must not contravene an approval (or any conditions of an approval) granted under this subsection.

13 Transitional provisions

 13.1 Any certificate, approval or authorisation given under the repealed Order by a sport aviation body that was current or in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent 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.

 13.2 Any approval given, or determination made, under the repealed Order by CASA that was in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent approval given, or determination made, by CASA under this Order and subject to the same terms and conditions.

 13.3 In this subsection, a reference to a certificate, approval, authorisation or determination being current or in force immediately before the commencement of this Order includes a reference to a certificate, approval, authorisation or determination:

(a) continued by subsection 13 of the Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2021; and

(b) current or in force immediately before the commencement of this Order.

 13.4 In this subsection:

repealed Order means:

(a) Civil Aviation Order 95.10 (Exemption from provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 — microlight aeroplanes) Instrument 2020 (assigned the FRL number F2020L01242); or

(b) Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2021 (assigned the FRL number F2021L01670).

14 Savings Provision — Civil Aviation Order 95.10 Amendment Instrument 2026

 14.1 In this subsection, commencement date means the commencement date of the Civil Aviation Order 95.10 Amendment Instrument 2026.

 14.2 This subsection applies to an approval:

(a) granted by CASA under subsection 12 that specifies that any of subparagraphs 10.2(a), (b), (c) or (e) (as in force immediately before the commencement date) are not to apply in respect of a proposed flight; and

(b) that is still in force immediately before the commencement date.

 14.3 On and from the commencement date, an approval mentioned in paragraph 14.2:

(a) that specifies that subparagraph 10.2(a) (as in force immediately before the commencement date) does not apply in respect of a proposed flight, continues in force under the same terms and conditions; and

(b) that specifies that any of subparagraphs 10.2(b), (c) or (e) (as in force immediately before the commencement date), continues in force under the same terms and conditions, until the earlier of:

 (i) the repeal date set out in the approval; or

 (ii) 12 months after the commencement date.

Note to Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024 (in force under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024 amended as indicated in the Tables below.

Table of instruments