{"id":"F2005B00911","name":"Civil Aviation Amendment Order (No. R75) 2004 - Civil Aviation Order 95.28 - Exemption from provisions of the Civil Aviation Regulations 1988 - S-70B-2 helicopter (12/12/2004)","slug":"civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32310,"registerId":"commonwealth-F2005B00911-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R75) 2004 - Civil Aviation Order 95.28 - Exemption from provisions of the Civil Aviation Regulations 1988 - S-70B-2 helicopter (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R75) 2004\n\nI, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.\n\n\\[Signed Bruce Byron\\]\n\nBruce Byron\n\nDirector of Aviation Safety and\n\nChief Executive Officer\n\n12 December 2004\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R75) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.28 of the Civil Aviation Orders\n\nSection 95.28 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.28 of the Civil Aviation Orders\n\nSECTION 95.28\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — S-70B-2 HELICOPTER\n\n1 APPLICATION\n\nThis section applies to the S-70B-2 helicopter during the period that the helicopter is undergoing production and acceptance flight testing in Australia.\n\n2 DEFINITIONS\n\nTerms used in this section shall have the following meanings:\n\nproduction test flying means flying performed on behalf of the contractor for the purpose of establishing that the helicopter meets the United Technologies Corporation requirements.\n\nacceptance test flying means flying performed on behalf of United Technologies Corporation or the RAN for the purpose of confirming that the helicopter meets the United Technologies Corporation and RAN requirements.\n\n3 EXEMPTION\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to compliance with subsection 4, the S-70B-2 helicopter is exempt from compliance with the provisions of Parts 3, 4, 5, 7, 8, 9 (other than regulation 93), 10 (other than regulation 100), 11, 14, 16, 17, 18 and 19 of those Regulations.\n\n3A LICENCE NOT REQUIRED\n\n3A.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.\n\n4 CONDITIONS\n\n4.1 The authorisation and control of all flight testing of the S-70B-2 helicopter, to the extent necessary to ensure that the helicopter is airworthy and the aircrew have appropriate ratings, medical classifications and flying experience, shall be exercised by the RAN in accordance with military standards.\n\n4.2 Prior to all test flights, DQA-AF personnel shall conduct an inspection of the helicopter to determine its compliance or otherwise with defined United Technologies Corporation/RAN standards. DQA-AF staff shall issue a Certificate of Safety for Flight prior to all test flights.\n\n4.3 Prior to commencement of test flying, the RAN is to ensure that all RAN pilots conducting production or acceptance test flights are subject to, and comply with, the provisions of AP (RAN) 10.\n\n4.4 Prior to commencement of test flying, United Technologies Corporation shall provide details required by DI(AF)AAP 7001.008-1 in respect of United Technologies Corporation test pilots conducting test flights.\n\n4.5 Flying operations conducted outside military controlled airspace shall be conducted in accordance with the provisions of Joint Aviation Standards and Procedures (JASAP).","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Order omits the existing section 95.28 and substitutes a new provision that narrows application to the S-70B-2 during production and acceptance testing, creates wide exemptions from many Civil Aviation Regulations, authorises licence‑exempt essential flight duties subject to conditions, and assigns airworthiness and test control to the RAN with specified certification and procedural requirements (ss.1, 3.1, 3A.1, 4.1–4.5)."},"complexity_factors":["Narrow temporal and subject scope: applies only during production and acceptance flight testing of the S-70B-2 helicopter (s.1).","Broad regulatory exemptions: removes applicability of numerous Parts of the Civil Aviation Regulations, creating many cross-regulatory interactions (s.3.1).","Licence exemption with conditional authorisation: permits persons to perform essential flight duties without a flight crew licence, contingent on compliance with subsection 4 (s.3A.1 & s.4).","Delegation of safety and operational control to the RAN under military standards, creating reliance on non‑civil regulatory regimes for airworthiness and crew qualifications (s.4.1).","Procedural safety requirements: mandatory DQA‑AF inspections and issuing of a Certificate of Safety for Flight prior to each test flight (s.4.2).","Multiple external cross-references to military and joint documents (AP (RAN) 10, DI(AF)AAP 7001.008-1, JASAP), increasing implementation dependence on non‑statutory or separate instruments (s.4.3–4.5).","Operational interface issues where flights occur outside military controlled airspace, requiring adherence to Joint Aviation Standards and Procedures and civil aviation obligations in those contexts (s.4.5 & s.3.1)."],"plain_english_summary":"This Order replaces section 95.28 to exempt the S-70B-2 helicopter, while it is undergoing production and acceptance flight testing in Australia, from many provisions of the Civil Aviation Regulations and to allow certain personnel to perform essential flight duties without a flight crew licence, subject to conditions. It vests operational control and airworthiness assurance with the Royal Australian Navy and requires DQA‑AF inspections, Certificates of Safety for Flight, and compliance with specified military and joint aviation standards."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment appears to maintain the original narrow scope of CAO 95.28, which has historically provided exemptions for specific military aircraft during testing. The instrument remains tightly focused on the S-70B-2 helicopter during production and acceptance flight testing only, with no expansion into broader operational contexts or additional aircraft types."},"complexity_factors":["Short, single-purpose instrument (only 5 substantive sections plus definitions)","Only 2 defined terms ('production test flying' and 'acceptance test flying')","Simple structure: application → definitions → exemption → conditions","Cross-references to external military documents (AP (RAN) 10, DI(AF)AAP 7001.008-1, JASAP) but these are listed as conditions rather than integrated by reference with complex parsing","No nested exceptions or conditional logic beyond the basic 'subject to compliance with subsection 4' qualifier","Specific to one aircraft type (S-70B-2) and one activity (production/acceptance testing), limiting scope"],"plain_english_summary":"This is a specific exemption for a particular military helicopter during testing.\n\n**What it does:**\nThis Order gives a special exemption to the **S-70B-2 helicopter** (a military helicopter used by the Royal Australian Navy) from most normal civilian aviation safety rules. However, this exemption only applies while the helicopter is undergoing **production and acceptance flight testing** in Australia.\n\n**Who it affects:**\n- **The Royal Australian Navy (RAN)** – they control and authorise the flight testing\n- **United Technologies Corporation** – the contractor/manufacturer conducting the testing\n- **Test pilots** – both military and civilian pilots involved in testing these helicopters\n- **Defence Quality Assurance Air Force (DQA-AF) personnel** – who must inspect the helicopter and issue safety certificates before each test flight\n\n**Key exemptions:**\nThe helicopter is exempt from compliance with most Parts of the Civil Aviation Regulations 1988, including rules about:\n- Airworthiness standards (Part 3)\n- Flight crew licensing (Parts 4, 5)\n- Air service operations (Parts 7, 8, 9)\n- Aircraft equipment (Part 10)\n- Rules of the air (Part 11)\n- Aerodromes (Part 14)\n- Maintenance (Parts 16, 17, 18, 19)\n\n**Important conditions:**\nDespite these exemptions, strict military standards apply instead:\n- The RAN must control all flight testing using military standards\n- DQA-AF must inspect the helicopter and issue a Certificate of Safety for Flight before every test\n- Military pilots must comply with Navy procedures (AP (RAN) 10)\n- Civilian test pilots must meet specific Defence documentation requirements\n- When flying outside military airspace, they must follow Joint Aviation Standards and Procedures (JASAP)\n\n**Why it matters:**\nThis allows military helicopters to be tested in Australia without needing to meet all civilian certification requirements, provided they follow equivalent military safety standards. It recognises that military aircraft testing has different needs than commercial aviation, but ensures safety through alternative military oversight mechanisms."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t","history":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r75-2004-civil-aviation-order-95-28-exemption-from-provisions-of-t/documents"}}