{"id":"F2005B00913","name":"Civil Aviation Amendment Order (No. R76) 2004 - Civil Aviation Order 95.29 - Exemption from provisions of the Civil Aviation Regulations 1988 - Pilatus PC9 aircraft (12/12/2004)","slug":"civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32312,"registerId":"commonwealth-F2005B00913-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R76) 2004 - Civil Aviation Order 95.29 - Exemption from provisions of the Civil Aviation Regulations 1988 - Pilatus PC9 aircraft (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R76) 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. R76) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.29 of the Civil Aviation Orders\n\nSection 95.29 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.29 of the Civil Aviation Orders\n\nSECTION 95.29\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — PILATUS PC9 AIRCRAFT\n\n1 APPLICATION\n\nThis section applies to the PC9 aircraft during the period that the aircraft 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 Hawker de Havilland for the purpose of establishing that the aircraft meets contractor requirements.\n\nacceptance test flying means flying performed on behalf of the RAAF for the purpose of confirming that the aircraft meets RAAF requirements.\n\n3 EXEMPTION\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to compliance with subsection 4, the Pilatus PC9 aircraft 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 PC9 aircraft to the extent necessary to ensure that the aircraft is airworthy and the aircrew have appropriate ratings, medical classifications and flying experience shall be exercised by the RAAF in accordance with military standards.\n\n4.2 Prior to all test flights, Directorate of Quality Assurance — Air Force (DQA-AF) personnel shall conduct an inspection of the aircraft to determine its compliance or otherwise with defined RAAF 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 RAAF is to ensure all RAAF pilots involved in the conduct of acceptance test flights are subject to the provisions of DI(AF)OPS6-10 and that the provisions of DI(AF)AAP 7001.008-1 are complied with.\n\n4.4 Prior to the commencement of production test flying Hawker de Havilland Limited (HdH) shall provide details required by DI(AF)AAP 7001.008-1 in respect of HdH test pilots conducting production 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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment maintains the original narrow scope of CAO 95.29, which has always been specifically targeted at exempting the Pilatus PC9 aircraft from civilian regulations during military-related testing. The order does not expand beyond this specific aircraft type and testing context."},"complexity_factors":["Only 2 defined terms ('production test flying' and 'acceptance test flying')","Single purpose legislation: exemption for one specific aircraft type during one specific phase (testing)","Minimal cross-referencing: references to military instructions (DI(AF)OPS6-10, DI(AF)AAP 7001.008-1) and JASAP are external rather than internal legislative cross-references","Straightforward conditional structure: exemption granted subject to compliance with subsection 4 conditions","Short length (approximately 500 words)","No nested exceptions or complex conditional logic"],"plain_english_summary":"This is a technical aviation order that gives special permission for a specific military aircraft—the Pilatus PC9—to skip most normal civilian aviation safety rules, but only during factory testing and military acceptance testing in Australia.\n\n**What it does:**\n- **Exempts the PC9 aircraft** from following most of the Civil Aviation Regulations (Parts 3, 4, 5, 7, 8, 9, 10, 11, 14, 16, 17, 18 and 19) during production and acceptance flight testing.\n- **Allows unlicensed pilots** to fly the aircraft if they meet specific military conditions.\n\n**Who it affects:**\n- **Hawker de Havilland** (the contractor building the aircraft)—for \"production test flying\" (checking the plane meets factory specs).\n- **The Royal Australian Air Force (RAAF)**—for \"acceptance test flying\" (checking the plane meets military requirements).\n- **Test pilots** who may not hold standard civilian pilot licences but are qualified under military standards.\n\n**Key safeguards:**\n- The RAAF must control all testing and ensure pilots have appropriate ratings, medical clearances, and experience.\n- Military quality assurance staff (DQA-AF) must inspect each aircraft and issue a safety certificate before every test flight.\n- Test pilots must meet specific military instruction requirements (DI(AF)OPS6-10 and DI(AF)AAP 7001.008-1).\n- Flights outside military airspace must follow Joint Aviation Standards and Procedures (JASAP).\n\n**Why it matters:**\nThis order creates a legal pathway for military aircraft testing to happen under military safety standards rather than civilian ones. It recognises that factory-new military planes being tested for the RAAF don't fit neatly into normal commercial aviation rules, but ensures there are still strict military controls in place."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Order substitutes the prior section 95.29 with a provision that specifically targets Pilatus PC9 aircraft during production and RAAF acceptance flight testing. It grants exemptions from many CAR provisions, authorises unlicensed persons to perform essential duties subject to conditions, assigns operational control and safety certification to RAAF/DQA‑AF, requires Hawker de Havilland to provide test‑pilot details, and mandates JASAP for non‑military airspace operations."},"complexity_factors":["Broad legal exemption across many Parts of the Civil Aviation Regulations 1988 (subsection 3.1) requiring cross‑reference to multiple regulatory provisions.","Conditional authorisation for persons to perform essential duties without civil flight crew licences (3A.1) introduces licensing nuance.","Delegation of authorisation and control of flight testing to the RAAF under military standards (4.1) shifts regulatory standard‑setting from civil to military rules.","Mandatory DQA‑AF inspections and issuance of a Certificate of Safety for Flight before each test (4.2) creates procedural checkpoints and administrative burden.","Cross‑references to external military documents (DI(AF)OPS6‑10 and DI(AF)AAP 7001.008‑1 in 4.3–4.4) require consulting separate instruments to determine compliance.","Requirement that non‑military airspace operations follow Joint Aviation Standards and Procedures (4.5) adds an additional operational framework.","Multiple stakeholders (CASA/Director, RAAF, DQA‑AF, Hawker de Havilland) increase coordination and compliance complexity.","Temporal and activity‑limited scope (production and acceptance flight testing only) creates narrow applicability and potential transitional issues."],"plain_english_summary":"This Order replaces section 95.29 to exempt Pilatus PC9 aircraft, while they undergo production and acceptance flight testing in Australia, from compliance with many Parts of the Civil Aviation Regulations 1988 and allows some persons to perform essential duties without a civil flight‑crew licence if specified conditions are met. Operational control, safety inspection and certification before test flights are assigned to the RAAF and Directorate of Quality Assurance — Air Force; Hawker de Havilland must supply test‑pilot details and non‑military operations must follow JASAP."},"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/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t","history":"/api/acts/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r76-2004-civil-aviation-order-95-29-exemption-from-provisions-of-t/documents"}}