{"id":"F2025L00059","name":"CASA EX08/25 — Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025","slug":"casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105846,"registerId":"commonwealth-F2025L00059-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX08/25 — Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025","content":"Instrument number CASA EX08/25\n\nI, ANDREAS MARCELJA, Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed A. Marcelja\\]\n\nAndreas Marcelja  \nExecutive Manager, Stakeholder Engagement\n\n30 January 2025\n\nCASA EX08/25 — Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025\n\n1 Name\n\nThis instrument is CASA EX08/25 — Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025.\n\n2 Duration\n\nThis instrument:\n\n(a) commences at the time of registration; and\n\n(b) is repealed at the end of 31 October 2027.\n\n3 Definitions\n\n> Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include hang glider, NOTAM and paraglider.\n\nIn this instrument:\n\n> CAO 95.8 means Civil Aviation Order 95.8, as in force from time to time.\n\n> approved event means an event approved by CASA under subsection 4(2).\n\n> event approval means an instrument containing an approval granted by CASA under subsection 4(2).\n\n> event area, in relation to an event, means the area within vertical and lateral limits mentioned in the event approval for the event.\n\n> event period, in relation to an event, means the period mentioned in the event approval for the event.\n\n> in the vicinity of has the meaning given by regulation 91.360 of CASR.\n\n> relevant aircraft means a hang glider or a paraglider.\n\n> relevant qualification, in relation to an event, means:\n\n(a) the minimum qualification issued by SAFA mentioned in the event approval for the event; or\n\n(b) a higher qualification issued by SAFA; or\n\n(c) a valid overseas qualification and flight experience recognised by SAFA as equivalent to, or higher than, a qualification mentioned in paragraph (a) or (b).\n\n> specified aerodrome means a non‑controlled aerodrome mentioned in the event approval for the event.\n\n> SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.\n\nSAFA ASAO exposition means the exposition:\n\n(a) comprising the set of documents approved by CASA under regulation 149.080 of CASR in relation to SAFA as an ASAO, as existing at the time this instrument commences; or\n\n(b) if the set of documents mentioned in paragraph (a) is changed under regulation 149.115 or 149.120 of CASR, or in accordance with the process mentioned in paragraph 149.340(i) of CASR — the set of documents as changed, as existing at the time this instrument commences.\n\n> Note The set of documents that the SAFA ASAO exposition comprises is listed in the Explanatory Statement.\n\n4 Approval and application process\n\n(1) SAFA may apply to CASA, in writing, for approval of a hang gliding or paragliding event as an approved event.\n\n(2) After receiving a written application from SAFA, CASA may, by instrument in writing, approve the event as an approved event.\n\n(3) Without limiting the matters that CASA may consider for the purposes of the civil aviation legislation, in deciding whether to grant an approval, CASA must consider whether SAFA has adequate personnel and procedures to ensure that pilots in command of relevant aircraft will comply with the conditions mentioned in section 6.\n\n(4) An event approval must specify the following for the event:\n\n(a) the event area;\n\n(b) the event period;\n\n(c) the minimum qualification.\n\n(5) An event approval may specify a specified aerodrome for the event.\n\n(6) An event approval may include directions, issued under regulation 11.245 of CASR, to SAFA relating to conduct of the event.\n\n5 Exemption — pilots in command\n\n(1) While participating in an approved event during the event period, a pilot in command who operates a relevant aircraft in the event area is exempt from compliance with the following provisions:\n\n(a) if the event area includes an area in the vicinity of a specified aerodrome —regulation 91.400 of CASR in relation to operation of the relevant aircraft in the vicinity of that aerodrome;\n\n(b) regulations 91.630 and 91.640 of CASR;\n\n(c) if the event area includes Class E airspace — regulation 91.635 of CASR; and\n\n(d) the following provisions of CAO 95.8:\n\n(i) to the extent that the subparagraph may require the carriage or use of a VHF radiocommunication system — subparagraph 10.3(a);\n\n(ii) subparagraph 10.4(b).\n\n> Note Subsection 8 of CAO 95.8 provides persons with an exemption from obligations under other specified CASR and CAR provisions, including regulation 91.625 of CASR, in relation to relevant aircraft employed in private operations.\n\n(2) The exemption in subsection (1) is subject to complying with the conditions mentioned in section 6.\n\n(3) Subsection (1) applies to the pilot in command of a relevant aircraft whether or not the relevant aircraft is equipped with a VHF radiocommunication system.\n\n6 Conditions\n\n(1) The pilot in command must ensure that the relevant aircraft is equipped with a serviceable UHF radiocommunication system.\n\n(2) If, during a flight, the pilot in command becomes aware that the UHF radiocommunication system of the relevant aircraft is unserviceable, the pilot in command must cease the flight as soon as safely practicable.\n\n(3) The pilot in command may conduct a flight to which the exemption applies only if satisfied that:\n\n(a) a ground communications station will be established and maintained in accordance with directions issued to SAFA in accordance with subsection 4(6), and is operating satisfactorily; and\n\n(b) a NOTAM has been published for the day of the flight that provides information about event operations to aircraft operating in the event area; and\n\n(c) if SAFA is required, by a direction issued in accordance with subsection 4(6), to ensure that a danger area is active for the event that covers the event operations on that day — the danger area is active.\n\n(4) The pilot in command must:\n\n(a) attend a daily briefing conducted or arranged by SAFA; and\n\n(b) operate in accordance with the SAFA ASAO exposition, as it exists at the time this instrument commences, during the event period; and\n\n(c) hold a relevant qualification that authorises participation in the event.\n\n(5) The pilot in command may rely on the daily briefing mentioned in paragraph 4(a) to reach the satisfaction mentioned in clause 3.\n\n(6) The pilot in command may conduct a flight to which the exemption applies only within the event area for the event.\n\n(7) If SAFA is required, by a direction issued in accordance with subsection 4(6), to ensure that a danger area is active for the event that covers the event operations on that day, the pilot in command may conduct a flight to which the exemption applies only within the active danger area.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears tightly scoped to its original purpose. It creates a specific, time-limited exemption for radio requirements during approved hang gliding and paragliding events. The scope has not expanded beyond this narrow operational need; it does not create broad permanent exemptions or extend to other aircraft types or operations."},"complexity_factors":["11 defined terms in the interpretation section, including nested definitions (e.g., 'relevant qualification' has 3 sub-paragraphs, 'SAFA ASAO exposition' has 2 paragraphs with conditional logic)","Multiple cross-references to external instruments: Civil Aviation Safety Regulations 1998 (CASR), Civil Aviation Order 95.8 (CAO 95.8), Civil Aviation Act 1988, and the SAFA ASAO exposition","Conditional exemptions in section 5 that apply only if specific geographic conditions are met ('if the event area includes...')","Exemption is contingent on compliance with 7 separate conditions in section 6, some of which have their own nested conditions (e.g., subsection 6(3) has 3 conditions, one of which is itself conditional on SAFA being required to establish a danger area)","Temporal and spatial limitations: exemptions apply only during 'event period', within 'event area', and only for 'approved events'","Delegated decision-making: CASA must assess SAFA's personnel and procedures before granting approval (subsection 4(3))","Dynamic reference to external documents: 'SAFA ASAO exposition' is defined to include future changes under specific regulations, creating a 'moving target' definition"],"plain_english_summary":"This legislation creates a temporary exemption allowing hang glider and paraglider pilots to participate in approved sporting events without needing to carry standard aircraft radios (VHF), provided they use alternative safety measures instead.\n\n**What it does:**\nNormally, pilots must carry and use VHF radios to communicate with other aircraft and air traffic control, especially near aerodromes (airfields) and in certain airspace. This instrument exempts hang glider and paraglider pilots from these radio requirements **only** during officially approved events, but only if they:\n- Carry a UHF radio instead (a different type of radio commonly used for short-range communication)\n- Attend daily safety briefings\n- Operate only within designated event areas and time periods\n- Follow directions from the Sports Aviation Federation of Australia (SAFA)\n- Ensure a ground communications station is operating\n- Confirm that airspace notifications (NOTAMs) have been published to warn other aircraft\n\n**Who it affects:**\n- **Pilots:** Hang glider and paraglider pilots participating in approved competitions or events\n- **SAFA:** The Sports Aviation Federation of Australia, which must apply to CASA for event approval and ensure safety protocols are followed\n- **CASA:** The Civil Aviation Safety Authority, which approves each event individually\n\n**Why it matters:**\nHang gliders and paragliders are lightweight aircraft that often lack the power, weight capacity, or electrical systems to carry standard aviation radios. This exemption allows organised sporting events to proceed safely by substituting UHF radios and ground-based coordination for the usual VHF requirements, reducing equipment burdens while maintaining safety through alternative means.\n\nThe exemption runs until 31 October 2027."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025","history":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025/history","analysis":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025/analysis","conflicts":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025/conflicts","importantCases":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025/important-cases","documents":"/api/acts/casa-ex08-25-radio-requirements-approved-hang-gliding-and-paragliding-events-exemption-2025/documents"}}