Civil Aviation Order 95.12 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gyroplanes having an empty weight not in excess of 250 kilograms (12/12/2004)

Civil Aviation Order 95.12

as amended

made under subregulation 308 (1) of the

Civil Aviation Regulations 1988

This compilation was prepared on 31 May 2006
taking into account amendments up to Civil Aviation Order 95.12 Amendment Order (No. 3) 2006

Prepared by the Legislative Drafting Branch, Legal Services Group,
Civil Aviation Safety Authority, Canberra

Contents

 Section 95.12 (Exemption from provisions of the Civil Aviation Regulations 1988 — gyroplanes having an empty weight not in excess of 250 kilograms)

1 Application 

2 Definitions 

3 Exemptions 

3A Licence not required 

4 Conditions 

 Notes to Civil Aviation Order 95.12 

SECTION 95.12

Exemption from provisions of the Civil Aviation Regulations 1988 — gyroplanes having an empty weight not in excess of 250 kilograms

1 Application

 1 This section applies to single place gyroplanes having an empty weight not in excess of 250 kg used solely in private operations for recreational purposes.

2 Definitions

  In this section:

Association means the Australian Sport Rotorcraft Association.

authorised person means a person included in a class of persons appointed under regulation 6 of the Regulations or regulation 201.1 of the Civil Aviation Safety Regulations 1998.

empty weight means the weight of a gyroplane including all items of fixed equipment, unusable fuel and undrainable oil but excluding all other items of disposable load.

operations manual means a manual approved by containing the procedures and instructions necessary to ensure the safe operation of gyroplanes to which this section applies.

gyroplane means a power-driven heavier-than-air aircraft supported in flight by the reaction of the air on 1 or more rotors which rotate freely on substantially vertical axes.

public road means a street, road, lane, thoroughfare or place open to, or used by, the public for passage of vehicles.

Regulations means the Civil Aviation Regulations 1988.

3 Exemptions

 3.1 Under regulation 308 of the Regulations and subject to compliance with subsection 4, CASA exempts gyroplanes to which this section applies are exempt from compliance with the following provisions of the Regulations:

(a) Parts 3, 4, 4A, 4B, 4C, 4D, 5, 7; 8 and 9;

(b) regulations 133, 135, 139, 141, 147, 157; 158 and 159;

(c) Part 12 (other than regulations 160, 161, 162, 169 and subregulation 172 (2));

(d) regulations 207 and 208;

(e) Division 3 of Part 14;

(f) regulation 252;

(g) regulation 322.

3A Licence not required

 3A.1 For the purposes of paragraph 20AB (1) (b) of the Act, a person is authorised to perform a duty essential to the operation of an aircraft to which this section applies without holding a flight crew licence if he or she complies with the conditions set out in subsection 4.

 3A.2 In spite of paragraph 3A.1, a person must hold a flight radiotelephone operator licence if he or she makes airborne radio transmissions.

4 Conditions

 4.1 A gyroplane to which this section applies shall not be operated except by:

(a) an organisation or individual who is a member of and subject to the rules, regulations and directions contained in the operations manual of the Association; or

(b) an organisation or individual who is a member of an association which is affiliated with and subject to the rules, regulations and directions contained in the operations manual of the Association; or

(c) an individual who has undertaken in writing to operate the gyroplane in accordance in all respects with the rules, regulations and directions contained in the operations manual of the Association.

 4.2 Except with the permission in writing of CASA and in accordance with any conditions specified in the permit to minimise hazard to other aircraft or to persons or property on the ground or water, a gyroplane to which this section applies shall not be flown:

(a) at a height of more than 500 feet above ground level unless the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the gyroplane in accordance with the ASRA operations manual; or

(b) within 8 kilometres of a certified or registered aerodrome unless the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the gyroplane in accordance with the ASRA operations manual; or

(c) except in:

 (i) Class G airspace; or

 (ii) Class E airspace in V.M.C.; or

Note   Class G and E airspace are as defined in the Air Services Regulations.

(d) within a prohibited or restricted area; or

(e) at a height lower than 300 feet above ground level within a horizontal distance of 100 metres from:

 (i) a public road; and

 (ii) persons other than those persons directly associated with the operation of the gyroplane or, during the take off phase, persons situated behind the point at which the gyroplane commences its take off run relative to the intended direction of flight; and

 (iii) watercraft except those watercraft directly associated with the operation of the gyroplane; or

(f) from or land at any place unless it is located at least 500 metres from the perimeter of any city, town or populous area; or

(g) over private property, which is not the property of the pilot, at a height lower than 300 feet above ground level unless the flight takes place over the property of a person or persons who have given permission in writing for flights below 300 feet above ground level to take place; or

(h) within 100 metres horizontally from or at any height over a dwelling except with the permission of the occupier; or

(i) over any body of water at a distance greater than 150 metres from the shoreline unless the pilot wears a life jacket and the gyroplane is equipped with flotation equipment which is capable of ensuring that the gyroplane will remain afloat should it be forced to alight on the water; or

(j) notwithstanding the provisions of subparagraph (i) above, over water at a distance from land greater than 18 kilometres; or

(k) at any regatta, race meeting or public gathering.

 4.3 A gyroplane to which this section applies shall not be flown;

(a) at night; or

(b) over a city, town or populous area; or

(d) in acrobatic manoeuvres.

 4.4 Upon the request of an authorised person the owner or operator of a gyroplane to which this section applies shall furnish satisfactory evidence that the gyroplane meets the requirements of this section.

 4.5 An authorised person shall, at all reasonable times, have access to any gyroplanes to which this section applies for the purpose of inspecting the gyroplane to determine that it meets the requirements of this section.

 4.6 Where it is proposed to fly a gyroplane to which this section applies in circumstances other then those specified in paragraph 4.2 of this section the person actually operating the gyroplane or his agent shall submit a written application specifying the details of the proposed operation to CASA, not less than 28 days prior to the proposed flight.

Note   Attention is directed to the fact that the exemption granted by this section does not confer on an operator of a gyroplane to which this section applies any rights as against the owner or occupier of any land on or over which the operations are conducted, or prejudice in any way the rights and remedies which a person may have in respect of any injury to persons or damage to property caused directly or indirectly by the gyroplane.

Notes to Civil Aviation Order 95.12

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 95.12 amended as indicated in the Tables below.

Table of Orders