Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-Shift-Controlled Aeroplanes and Powered Parachutes) Instrument 2018

I, SHANE PATRICK CARMODY, 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 S. Carmody]

Shane Carmody
Director of Aviation Safety

28 June 2018

1A Name

1A.1 This instrument is the Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-Shift-Controlled Aeroplanes and Powered Parachutes) Instrument 2018.

1A.2 This instrument may be cited as Civil Aviation Order 95.32.

1A.3 A reference in a CASA instrument to section 95.32 of the Civil Aviation Orders is taken to be a reference to this instrument.

1B Duration

This instrument:

(a) commences on 1 July 2018; and

(b) is repealed at the end of 30 June 2021.

1 Application

1.1 This Order applies to a single-place, or two-place, aeroplane, in relation to which the following requirements are satisfied:

(a) the aeroplane is a weight-shift-controlled aeroplane or powered parachute;

(b) the aeroplane was wholly assembled by a commercial manufacturer or assembled from a kit supplied by a commercial manufacturer;

(i) the manufacturer of the aeroplane or kit was the holder of a certificate of approval for the manufacture of aeroplanes, or kits for aeroplanes, of a kind that includes the aeroplane;

(ii) the aeroplane or kit was manufactured in accordance with an approval given by CASA;

(iii) if the aeroplane or kit was exported to Australia, a certificate, which is acceptable to CASA and relates to the airworthiness of the aeroplane, or the aeroplane that could be assembled from the kit, has been issued by a foreign country’s NAA or a competent issuing authority;

(d) the aeroplane is registered with RAA or HGFA;

(e) the aeroplane has a maximum take-off weight that is not more than:

(i) if the aeroplane is not equipped to land on water — 600 kg; or

(ii) if the aeroplane is equipped to land on water — 650 kg;

(f) the aeroplane has a Vs0 stall speed of not more than 45 knots;

(g) the aeroplane complies with:

(i) British Civil Airworthiness Requirements, Section S (CAP 482) — 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 aeroplane, or aeroplanes of a kind that includes the aeroplane.

1.2 This Order also applies to a single-place, or two-place, aeroplane if the following conditions are satisfied:

(a) the aeroplane is a weight-shift-controlled aeroplane or powered parachute;

(b) the aeroplane is a light sport aircraft manufactured by a qualified manufacturer, as defined in regulation 21.172 of CASR;

(d) the aeroplane’s owner holds a current special certificate of airworthiness for the aeroplane.

1.3 This Order also applies to a single-place, or two-place, aeroplane if the following conditions are satisfied:

(a) the aeroplane is a weight-shift-controlled aeroplane or powered parachute;

(b) the aeroplane is a light sport aircraft to which paragraph 21.191 (j) or (k) of CASR applies;

(d) the aeroplane’s owner holds a current experimental certificate for the aeroplane.

1.4 This Order also applies to an aeroplane if the following conditions are satisfied:

(a) the aeroplane is a powered parachute or weight-shift-controlled aeroplane, the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation;

(b) Civil Aviation Order 95.10 does not apply to the aeroplane;

(d) the aeroplane has 1 propeller, 1 engine and a maximum of 2 seats;

(e) the aeroplane has a maximum take-off weight that is not more than:

(i) if the aeroplane is not equipped to land on water — 600 kg; or

(ii) if the aeroplane is equipped to land on water — 650 kg;

(f) the aeroplane has a Vs0 stall speed of not more than 45 knots.

2 Interpretation

2.1 In this Order:

Note Definitions of some expressions used in this Order may be found in regulation 2 of CAR or the Dictionary for CASR (as provided for by subregulation 5 (2) of CAR). Expressions defined in regulation 2 of CAR include, for example, certificate of approval. Expressions defined in the Dictionary for CASR include, for example, flight training area.

active restricted area: has the same meaning as in the AIP.

aerial application operation: has the same meaning as in regulation 137.010 of CASR.

appropriate flight instructor certificate means:

(a) in relation to an aeroplane registered with RAA — a flight instructor certificate issued by RAA in accordance with the RAA Operations Manual; and

(b) in relation to an aeroplane registered with HGFA — a flight instructor certificate issued by HGFA in accordance with the HGFA Operations Manual.

appropriate Operations Manual means:

(a) in relation to an aeroplane registered with RAA — the RAA Operations Manual; and

(b) in relation to an aeroplane registered with HGFA — the HGFA Operations Manual.

appropriate pilot certificate means:

(a) in relation to an aeroplane registered with RAA — a pilot certificate issued by RAA in accordance with the RAA Operations Manual; and

(b) in relation to an aeroplane registered with HGFA — a pilot certificate issued by HGFA in accordance with the HGFA Operations Manual.

appropriate Technical Manual means:

(a) in relation to an aeroplane registered with RAA — the RAA Technical Manual; and

(b) in relation to an aeroplane registered with HGFA — the HGFA Operations Manual, to the extent it covers matters dealt with in the RAA Technical Manual.

CASA instrument means an instrument issued by CASA under a statutory power to issue the instrument.

closely-settled area, in relation to an aeroplane, means an area in which, because of:

(a) man-made obstructions, such as buildings and vehicles; and

(b) the characteristics of the aeroplane;

the aeroplane could not be landed without endangering the safety of persons unconnected with the aeroplane, or damaging property in the area.

competent issuing authority means an authority or body in a Contracting State that:

(a) has been authorised by the NAA of that State to issue design approvals or manufacturing approvals, whichever is applicable, for aeroplanes; and

(b) CASA has accepted, in writing, as competent to issue design approvals or manufacturing approvals for aeroplanes.

ELT means emergency locator transmitter.

HGFA means Hang Gliding Federation of Australia Inc, ARN 217853.

HGFA Operations Manual means a manual, approved in writing by CASA from time to time, which is issued by HGFA and contains:

(a) procedures and instructions necessary to ensure the safe operation of aeroplanes registered with HGFA; and

(b) airworthiness, design and maintenance standards for the aeroplanes; and

immediate family, in relation to an individual, means the individual’s spouse, parents and children, if any.

NAA, of a foreign country, means the national airworthiness authority of the country.

Order means Civil Aviation Order.

powered parachute means an aeroplane with a ram air parachute wing.

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

RAA means Recreational Aviation Australia Limited, ARN 224806.

RAA Operations Manual means a manual, approved in writing by CASA from time to time, which is issued by RAA and contains the procedures and instructions necessary to ensure the safe operation of aeroplanes registered with RAA.

RAA Technical Manual means a manual, approved in writing by CASA from time to time, which is issued by RAA and contains:

(a) airworthiness, design and maintenance standards; and

(b) aeronautical practices, test procedures and processes;

for aeroplanes registered with RAA.

relevant aeroplane means an aeroplane to which this Order applies under subsection 1.

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

Vs0 stall speed means the stalling speed, or minimum steady flight speed, at which an aeroplane is controllable with:

(a) wing flaps in the landing position; and

(b) landing gear extended; and

(d) centre of gravity in the most forward position; and

(e) maximum take-off weight.

weight-shift-controlled aeroplane means an aeroplane, however described, where flight control is attained primarily by weight-shift.

2.2 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 instrument, as in force from time to time.

Note The Determination of airspace and controlled aerodromes etc is a legislative instrument that is revised and reissued by CASA approximately every 6 months. Airspace details from the Determination, in force at any particular time, are also published by Airservices Australia in the Designated Airspace Handbook.

3 Exemptions

3.1 A person who has an obligation, under the exempted provisions, in relation to a relevant aeroplane is exempt from complying with the obligation.

3.2 Also, a person who has an obligation, under paragraph 166A (2) (f) of CAR, in relation to a relevant aeroplane that is a powered parachute is exempt from complying with the obligation.

3.3 Each exemption is subject to the conditions stated in subsections 4, 6 and 7, to the extent the conditions apply to the person.

3.4 In this subsection:

exempted provisions means the following provisions of CAR:

(a) Parts 4 to 4D;

(b) subregulation 83 (1), in relation to VHF equipment;

(d) regulation 163AA;

(e) Division 4 of Part 13;

(f) regulations 207 and 208;

(g) regulation 230;

(h) subregulation 242 (2);

(i) regulation 252;

(j) regulation 258.

4 Condition on special certificate of airworthiness or experimental certificate

4.1 This subsection states a condition that applies in relation to a relevant aeroplane that is an aeroplane mentioned in paragraph 1.2 or 1.3.

4.2 A person must not operate the aeroplane after the earliest of any of the following events to happen in relation to the special certificate of airworthiness, or experimental certificate, for the aeroplane:

(a) the end of the validity period, if any, mentioned in the certificate;

(b) suspension of the certificate;

(d) a modification being made to the aeroplane that was not authorised by the aeroplane’s manufacturer;

(e) the aeroplane no longer complies with the LSA standards, as defined in regulation 21.172 of CASR.

6 General conditions

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

(a) a person must not use the aeroplane in aerial application operations;

(b) a person must not use the aeroplane 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; or

(iii) if the aeroplane is a two-place aeroplane and has been wholly-built and assembled by a commercial manufacturer — flying training, to enable a person to obtain a pilot certificate from RAA or HGFA;

Note Conduct as a private operation means that no remuneration is received by the pilot or owner of the aeroplane (see subregulation 2 (7) of CAR).

(i) holds an appropriate pilot certificate; and

(ii) subject to the other conditions stated in this Order, flies the aeroplane 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 aeroplane is being used for flying training, the person conducting the training must hold an appropriate flight instructor certificate;

(e) subject to the other conditions set out in this Order, a person operating the aeroplane must do so in accordance with the requirements of the appropriate Operations Manual and appropriate Technical Manual;

(f) a person maintaining the aeroplane must hold the necessary qualification for this activity as stated in, and maintain the aeroplane in accordance with, the appropriate Technical Manual.

7 Flight conditions

7.1 Subject to paragraph 9.5, the following flight conditions apply to a person operating a relevant aeroplane:

(a) the aeroplane 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, or 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 aeroplane 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 aeroplane 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 aeroplane can glide in the event of engine failure;

(d) the aeroplane 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 aeroplane must only be flown in V.M.C.;

(f) the aeroplane must only be flown during daylight hours;

(g) for a relevant aeroplane that is an aeroplane mentioned in paragraph 1.2, or for a relevant aeroplane that is an aeroplane that was wholly assembled by a commercial manufacturer and is mentioned in paragraph 1.1 — the aeroplane must not be flown over a closely-settled area at a height:

(i) that is lower than 1 000 feet above ground level; and

(ii) from which it cannot glide clear of the closely-settled area to a suitable landing area;

(h) for a relevant aeroplane that is an aeroplane mentioned in paragraph 1.3 or 1.4, or a relevant aeroplane that is an aeroplane that was assembled from a kit and is mentioned in paragraph 1.1 — the aeroplane must not be flown over a closely-settled area other than in accordance with an approval issued under paragraph 9.3;

(i) the aeroplane must not be flown in aerobatic flight;

(j) the person must not use radiotelephone equipment, if any, fitted to the aeroplane unless the person:

(i) for transmissions on VHF frequencies only:

(A) is authorised by RAA or HGFA, in accordance with the appropriate Operations Manual, to operate radiotelephone equipment; or

(B) is undergoing flying training to obtain a pilot certificate from RAA or HGFA; or

(ii) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or 64 of CASR;

(k) the aeroplane must not be flown at a height of 10 000 feet above mean sea level or higher, other than in accordance with an approval issued under paragraph 9.3.

7.2 Despite the limit of 25 nautical miles stated in subparagraph 7.1 (c), a relevant aeroplane, 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 fly a relevant aeroplane in Class A, C or D airspace, or an active restricted area, unless all of the following conditions are complied with:

(a) the aeroplane:

(i) meets the criteria stated in paragraph 21.024 (1) (a) of CASR; or

(ii) is certificated to the design standards mentioned in paragraph 21.186 (2) (b) of CASR; or

(iii) is authorised, under subregulation 262AP (5) of CAR, to be operated over closely-settled areas;

(b) the aeroplane is fitted with an engine:

(i) of a type mentioned in paragraph 6.1 of Schedule 1 to the Civil Aviation Amendment Order (No. R94) 2004 (also known as section 101.55 of the Civil Aviation Orders), as in force on 31 May 2016, or of a type that CASA has approved, in writing, as being suitable for use in a relevant aeroplane; and

(ii) that is not subject to any conditions that would prevent the flight;

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

(i) issued under Part 61 of CASR; and

(ii) that allows the holder to fly inside the controlled airspace in which the aeroplane is operating;

(e) the aeroplane’s pilot has a valid flight review for the aeroplane’s class rating, under Part 61 of CASR;

(f) if the controlled airspace in which the aeroplane is operating requires a transponder to be fitted to the aeroplane — the aeroplane is fitted with a transponder which is serviceable, within the meaning given by subregulation 42.015 (1).

Note Operations in Class A airspace in V.F.R. are only possible in accordance with an approval given by CASA under regulation 99AA of CAR.

7.4 A person must not use a relevant aeroplane to tow another aircraft unless:

(a) the pilot in command of the aeroplane is authorised to do so by RAA or HGFA, as applicable, in accordance with a procedure approved, in writing, by CASA; and

(b) the towing aeroplane is:

(i) certified, by the aeroplane’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 This paragraph is in effect a permission, under regulation 149 of CAR, given to the pilot in command of the towing aeroplane.

7.5 Except for a flight that is to take place wholly within a radius of 50 nautical miles from its departure point, a relevant aeroplane that is a two-place aeroplane may be flown only if it carries an approved ELT, or an approved portable ELT, as defined in 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, or a powered parachute may be flown at a height less than 300 feet above ground level, if:

(a) the aeroplane is flying in the course of taking-off or landing; or

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

(c) the owner or occupier (including the Crown) of the land over which the aeroplane 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 aeroplane’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 For subparagraph 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, or 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 public road;

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

8.3 For subparagraph 7.1 (b), a weight-shift-controlled aeroplane flown at a height less than 500 feet above ground level, or 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 aeroplane 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 aeroplane’s pilot must be qualified to use the equipment under subparagraph 7.1 (j).

9 Approval of flights not complying with flight conditions

9.1 A person who proposes to fly a relevant aeroplane 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

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 aeroplane 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 3 that the person only use the aeroplane 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 aeroplane for the proposed flight is not subject to the flight conditions stated in the approval under subparagraph 9.4 (a).

10 References to RAA

A reference in the following provisions of this Order to RAA is taken to include a reference to Recreational Aviation Australia Limited:

(a) paragraph 2.1, definitions appropriate flight instructor certificate and appropriate pilot certificate;

(b) sub-sub-subparagraph 7.1 (j) (i) (A).

11 Transitional provisions

11.1 A person who, immediately before the commencement, held an approval for a proposed flight with a relevant aeroplane under paragraph 9.3 of the previous Order is taken to hold an approval, under paragraph 9.3, for the proposed flight.

11.2 An application for an approval for a proposed flight with a relevant aeroplane made under subsection 9 of the previous Order, and not decided at the commencement, is taken to be a valid application for an approval under subsection 9.

11.3 In a CASA instrument, a reference to the previous Order may, if the context permits, be taken to be a reference to this Order.

11.4 In this section:

commencement means commencement of this Order.

previous Order means the Civil Aviation Order 95.32 (Exemption from the provisions of the Civil Aviation Regulations 1988 — weight shift controlled aeroplanes and powered parachutes) Instrument 2015.