{"id":"F2005B00901","name":"Civil Aviation Order 95.14 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Parasails & gyrogliders (12/12/2004)","slug":"civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32303,"registerId":"commonwealth-F2005B00901-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 95.14 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Parasails & gyrogliders (12/12/2004)","content":"Civil Aviation Amendment Order (No. R68) 2004 \nas amended\n\nmade under subregulation 308 (1) of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 3 February 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).\n\nPrepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R68) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.14 of the Civil Aviation Orders\n\nSection 95.14 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.14 of the Civil Aviation Orders\n\nSection 95.14\n\nExemption from provisions of the regulations under the Civil Aviation Act 1988 — parasails and gyrogliders\n\n1 Application\n\nThis section applies to parasails and gyrogliders.\n\n2 Definitions\n\nIn this section:\n\n> gyroglider means a non-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.\n\n> parasail means a parachute tethered to a point or vehicle on the ground or to a watercraft and deriving lift chiefly from aerodynamic reactions on flexible surfaces remaining fixed under given conditions of flight.\n\n3 Exemption\n\n3.1If the conditions set out in this Order are complied with, parasails and gyrogliders are exempt from compliance with Part 61 of the Civil Aviation Safety Regulations 1998 and the following provisions of the Civil Aviation Regulations 1988:\n\n(a) Parts 3, 4, 4A, 4B, 4C, 4D and 7;\n\n(b) subregulation 83 (1) in respect of VHF equipment;\n\n(c) Part 11 (other than regulations 140, 143, 144, 145 and 156);\n\n(d) Part 14.\n\n3A Licence not required\n\n3A.1For 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\n4.1Except with the permission in writing of CASA and in accordance with any conditions specified in the permit to minimize hazard to other aircraft or to persons or property on the ground or water, a person must not fly a parasail or gyroglider:\n\n(a) during the launching phase — within a horizontal distance of 100 metres from:\n\n(i) any person who is not directly associated with the operation of the parasail or gyroglider; or\n\n(ii) any person who is not behind an imaginary horizontal line that is at right angles with the initial direction of flight and touches the rearmost part of the parasail or gyroglider immediately before the launch starts; or\n\n(b) at any other time — within a horizontal distance of 100 metres from:\n\n(i) any person who is not directly associated with the operation of the parasail or gyroglider; or\n\n(ii) an occupied building; or\n\n(c) at a height of more than 300 feet above ground level; or\n\n(d) within a horizontal distance of 4 kilometres from the boundary of a licensed aerodrome; or\n\n(e) otherwise than in V.M.C. by day.\n\n4.2Where it is proposed to fly a parasail or gyroglider in circumstances other than those specified in paragraph 4.1 of this section, it shall be the responsibility of the person operating the parasail or gyroglider or his agent, to submit a written application specifying the details of the proposed operation to CASA not less than 28 days prior to the proposed flight(s).\n\n> Note Attention is directed to the fact that the exemption granted by this section does not confer on the operator of a parasail or gyroglider 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 parasail or gyroglider.\n\n> Notes to Civil Aviation Order\n\n \n\n> Note: 95.14\n\n> Note 1\n\n> Note: The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 95.14 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Orders\n\n| Year andnumber | Date of notificationin Gazette/registration on FRLI | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------ | --------------------------------------------------- | ----------------------- | --------------------------------------------- |\n| CAO 2004 No. R68 | 23 December 2004 (F2005B00901) | 23 December 2004 (s. 2) | |\n| CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) | FRLI 29 August 2014 (F2014L01177) | 1 September 2014 (s. 2) | Sections 3 and 31 (Table A) |\n\n```html\n

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s. 95.14

rs. CAO 2004 No. R68

Heading

rs. F2014L01177

subs. 3

rs. F2014L01177

\n```\n\nTable A Application, saving or transitional provisions\n\nSections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:\n\n3 Definitions\n\n(1)In this instrument:\n\ncontinued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).\n\nnew authorisation has the meaning given by regulation 202.261 of CASR 1998.\n\n(2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.\n\n> Note Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.\n\n31 Transitional — application of Civil Aviation Orders\n\nThe Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended to provide a specific exemption regime for parasails and gyrogliders from mainstream aviation regulation, and the 2014 amendments merely updated references to reflect the new flight crew licensing framework (CASR Part 61 replacing older licensing rules). The core regulatory bargain — exemption from heavy regulation in exchange for strict operational limits — remains unchanged since 2004."},"complexity_factors":["Only 2 defined terms in the interpretation section (gyroglider, parasail)","Single clear exemption clause with a list of regulatory Parts being exempted","Straightforward conditional structure: exemption applies IF conditions in section 4 are met","No nested exceptions or complex cross-referencing within the operative provisions","Some external referencing to CASR 1998 Part 61 and CAR 1988 Parts, but these are standard legislative citations","Transitional provisions in the amending instrument (Table A) add minor complexity regarding flight crew licensing changes, but these are ancillary to the main Order"],"plain_english_summary":"**What this legislation does:**\n\nThis Order creates special rules that let people fly **parasails** (parachutes towed by boats or vehicles) and **gyrogliders** (unpowered aircraft with free-spinning rotors) without following most of the normal aviation regulations.\n\n**Who it affects:**\n- **Operators** of parasailing businesses and gyroglider activities\n- **Pilots/operators** who don't need a full flight crew licence to fly these craft (a significant exemption)\n- **CASA** (Civil Aviation Safety Authority) — they can grant written permission for operations outside the standard rules\n- **The public** — protected by safety distance rules\n\n**Key exemptions granted:**\n- No need to comply with **Part 61** of the modern aviation safety regulations (which normally governs flight crew licensing)\n- Exemption from most of the old **Civil Aviation Regulations 1988**, including:\n - Aircraft registration and marking rules (Parts 3, 4, 4A-4D)\n - Airworthiness and maintenance requirements (Part 7)\n - Radio equipment requirements (VHF)\n - Operating and flight rules (most of Part 11)\n - Rules about documents and records (Part 14)\n\n**Critical safety conditions that still apply:**\nTo use these exemptions, operators **must** follow strict safety rules:\n- **100 metre buffer** from uninvolved people during launch and flight\n- **100 metre buffer** from occupied buildings during flight\n- **Height ceiling** of 300 feet (about 90 metres) above ground\n- **4 kilometre exclusion** from licensed aerodromes (airports)\n- **Daylight only** in visual meteorological conditions (clear weather, no cloud/fog flying)\n- **28 days notice** to CASA if wanting to operate outside these limits\n\n**Why it matters:**\nThis Order recognises that parasails and gyrogliders are low-risk, low-altitude activities that don't need the heavy regulatory burden applied to powered aircraft. It enables tourism businesses (beach parasailing, for example) to operate legally without pilots needing expensive commercial licences or aircraft needing full certification. However, the strict distance and height limits ensure public safety is protected."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument preserves a narrowly targeted exemption for parasails and gyrogliders and substitutes an updated text of s.95.14; it does not materially expand scope beyond that original, specific purpose. Later references in the compilation show transitional treatment in the 2014 flight crew licensing repeal/amendment instrument (treated continued authorisations as equivalent to new authorisations), but those are transitional/administrative changes rather than substantive expansions of the Order’s subject-matter or beneficiaries."},"complexity_factors":["Short text (single substituted section with 4 main subparts plus definition subsection)","2 defined terms (gyroglider, parasail) in s.2","Cross-references to multiple external instruments: Part 61 of CASR 1998 and numerous Parts/subregulations of the Civil Aviation Regulations 1988 (creates reliance on reading external instruments)","Conditional logic: standard exemptions plus a permit exception pathway (s.4.1 and s.4.2)","An explicit licence exemption tied to a specific statutory paragraph (s.3A.1 referencing paragraph 20AB(1)(b) of the Act)","A small number of carve-outs within a referenced Part (Part 11 except regs 140, 143, 144, 145 and 156)"],"plain_english_summary":"**What this Order does (mechanically)**\n\n- Replaces section 95.14 of the Civil Aviation Orders with a new text that creates a limited regulatory exemption for parasails and gyrogliders (see Schedule 1, new s.95.14).\n- If the Order’s conditions are followed, parasails and gyrogliders are exempt from: Part 61 of the Civil Aviation Safety Regulations 1998 and specified Parts and provisions of the Civil Aviation Regulations 1988 (see s.3.1). The specific exclusions listed are Parts 3, 4, 4A, 4B, 4C, 4D and 7 of the 1988 Regulations; subregulation 83(1) as it applies to VHF equipment; most of Part 11 except regulations 140, 143, 144, 145 and 156; and Part 14.\n- The Order authorises a person to perform a duty essential to the operation of these aircraft without holding a flight crew licence for the purposes of paragraph 20AB(1)(b) of the Civil Aviation Act, provided the conditions in the Order are met (see s.3A.1).\n- The Order sets operational conditions that must be complied with (see s.4). These include minimum horizontal distances from people and buildings, a maximum height, distance-from-aerodrome limits, and a requirement to operate only in visual meteorological conditions by day unless CASA (Civil Aviation Safety Authority) gives written permission.\n\n**Key operational conditions (what operators must do) — (s.4):**\n\n- During the launching phase: keep at least 100 metres horizontally from any person not directly involved in the operation; additionally, those persons must be behind an imaginary horizontal line at right angles to the initial flight direction and touching the rear of the parasail/gyroglider before launch (s.4.1(a)).\n- At other times: keep at least 100 metres horizontally from any person not directly involved or from an occupied building (s.4.1(b)).\n- Maximum operating height: 300 feet above ground level (s.4.1(c)).\n- Keep at least 4 kilometres from the boundary of a licensed aerodrome (s.4.1(d)).\n- Operate only in VMC (visual meteorological conditions) by day (s.4.1(e)).\n- To operate outside these conditions, the operator (or their agent) must apply in writing to CASA at least 28 days before the proposed flights; CASA may grant written permission and attach conditions to minimise hazard (s.4.2 and opening words of s.4.1).\n\n**Other notes in the Order**\n\n- The Order includes a legal note that the exemption does not change property rights or liability: it does not give an operator rights against an owner/occupier of land used for operations, nor does it affect remedies for injury or property damage (the Note following s.4.2).\n- This compilation records that the section was substituted in 2004 and that certain subsections were replaced or carried forward in the 2014 flight crew licensing repeal/amendment instrument; transitional provisions treat continued authorisations as equivalent to new authorisations where relevant (Table A and sections 3 and 31 of the 2014 instrument).\n\n**Who is affected**\n\n- Operators and pilots of parasails and gyrogliders (including commercial operators such as tow-boat parasailing businesses and operators of gyrogliders).\n- Persons performing duties essential to such operations (they may not need a flight crew licence for those duties if they comply with the Order — s.3A.1).\n- CASA, which retains discretion to permit operations outside the conditions and to impose conditions when doing so (s.4.1, s.4.2).\n- Owners or occupiers of land/water near where operations occur (the Order does not change their property rights or civil remedies — Note after s.4.2).\n\n**Why it matters (purpose-claims and then practical effects and trade-offs)**\n\n- The instrument’s direct effect is to reduce the application of the general airworthiness, licensing and operational rules in the cited regulations to parasails and gyrogliders, conditional on compliance with a compact set of operating rules (s.3.1; s.4).\n- Purpose-claim (implicit in how the instrument is framed): to exempt low‑performance, tethered or non-powered rotorcraft from a set of regulatory requirements that would otherwise apply, while setting specifically tailored safety controls (the exemption plus bespoke operating conditions in s.4).\n\nTesting that claim against mechanics, costs and incentives:\n\n- Compliance cost and barriers to entry: removing the need for a flight crew licence (s.3A.1) and exempting these aircraft from multiple regulatory parts reduces licensing and regulatory compliance for operators who stay within the conditions. That lowers a direct regulatory barrier and operating cost for those operators.\n\n- Safety/regulatory oversight and discretionary control: CASA retains a gatekeeper role. An operator who wants to fly outside the specified conditions must apply in writing at least 28 days ahead; CASA can grant permission and attach conditions to minimise hazards (s.4.2; opening words of s.4.1). That shifts some regulatory control from broad prescriptive rules to case-by-case permits.\n\n- Behavioural incentives: operators have an incentive to design operations to remain inside the specified distance, height and VMC/day limits to benefit from the exemptions. If an operator needs to operate beyond those limits, the permit route creates administrative cost and delay.\n\n- Effects on competition and private enterprise: the Order reduces regulatory burden for these niche activities, which can lower operating costs and potentially encourage entry or continuation of small commercial operations. At the same time, the permit regime gives CASA discretion that may create administrative hurdles and uncertainty for operations that need exceptions.\n\n- Liability and property rights: the Order explicitly does not alter civil liability or private property rights (Note after s.4.2). Operators remain subject to civil claims for injury or property damage and must obtain permission from land/occupiers where required in private law.\n\n- Implementation risks and opportunity costs: the regime relies on CASA’s capacity to assess and manage permit applications and to enforce the distance/height/VMC conditions. If CASA resource constraints or enforcement gaps exist, the practical level of oversight will be affected. Operators face the opportunity cost of conforming operations to the stated limits rather than expanding activity (e.g. night or beyond-4 km from aerodrome operations) unless a permit is granted.\n\n**Concrete who-pays / who-decides statements**\n\n- Who pays: operators pay the compliance cost of operating within the Order’s restrictions, and the administrative cost (time and information) of seeking CASA permission where operations would fall outside those restrictions.\n- Who decides: CASA decides whether to permit departures from the standard conditions and may impose additional conditions (s.4.1 and s.4.2). Operators decide whether to accept permit conditions or adjust operations to stay within the exemption.\n\n(Section citations: the substituted section is set out in Schedule 1 as new s.95.14; exemption rules at s.3.1; licence exemption at s.3A.1; conditions at s.4.1 and s.4.2.)"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para","history":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para/history","analysis":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para/analysis","conflicts":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para/conflicts","importantCases":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para/important-cases","documents":"/api/acts/civil-aviation-order-95-14-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-para/documents"}}