{"id":"F2005B00888","name":"Civil Aviation Order 95.4.1 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gliders engaged in charter operations (12/12/2004)","slug":"civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32291,"registerId":"commonwealth-F2005B00888-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 95.4.1 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gliders engaged in charter operations (12/12/2004)","content":"> Note: Civil Aviation Order 95.4\n\n> Note: .1 (as amended)\n\nmade under regulation 308 of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 29 March 2013 taking into account amendments up to Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1).\n\nPrepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.\n\nContents\n\nSection 95.4.1 (Exemption from provisions of the Civil Aviation Regulations 1988 — gliders engaged in charter operations)\n\nPage\n\n1 Interpretation\n\n2 Exemption\n\n3 Licence not required\n\n4 Issue of charter glider authorisation\n\n5 Conditions applicable to the holder of a charter glider authorisation\n\n6 Conditions applicable to the operator of charter glider flights\n\nAppendix 1 6\n\nNotes to Civil Aviation Order 95.4.1\n\nSection 95.4.1\n\nExemption from provisions of the Civil Aviation Regulations 1988 — gliders engaged in charter operations\n\n1 Interpretation\n\n1.1 In this section, unless the contrary intention appears:\n\n> CFI means:\n\n(a) the operator’s chief flying instructor; or\n\n(b) the operator’s instructor panel chairperson.\n\n> GFA means the Gliding Federation of Australia (A.C.N. 008 560 263).\n\n> glider means:\n\n(a) a sailplane; or\n\n(b) a power-assisted sailplane; or\n\n(c) a powered sailplane.\n\n> glider pilot means a person who:\n\n(a) is a member of the GFA; and\n\n(b) holds a C gliding certificate issued by the GFA.\n\n> level 2 GFA instructor means a person who holds a level 2 instructor authorisation issued by the GFA.\n\n> operator means an incorporated gliding club which:\n\n(a) is affiliated with the GFA; and\n\n(b) engages in charter operations.\n\n> power-assisted sailplane has the same meaning as in section 95.4.\n\n> powered sailplane has the same meaning as in section 95.4.\n\n> sailplane has the same meaning as in section 95.4.\n\n2 Exemption\n\n2.1 Subject to paragraph 2.2, a glider engaged in charter operations, or a person who is in, on, or otherwise associated with the operation of, a glider engaged in charter operations, is exempt from compliance with the following provisions of the Civil Aviation Regulations 1988:\n\n(aa) Parts 4 and 4A, provided that both the GFA Operational Regulations and the GFA Manual of Standard Procedures Part 3 Airworthiness are complied with;\n\n(a) subregulation 55 (6);\n\n(b) Part 5;\n\n(c) subregulations 83 (1), (2) and (3) in respect of VHF equipment;\n\n(d) paragraphs 133 (1) (a) and (e);\n\n(e) paragraphs 139 (1) (d) and (e);\n\n(f) subregulation 150 (1) in relation to the dropping of towing or drag increasing devices;\n\n(g) paragraph 155 (3) (a), on condition that:\n\n(i) if the acrobatic flight takes place more than 2 nautical miles from a licensed aerodrome — the flight does not take place at a height of less than 1 000 feet above the highest point of the terrain or of any obstacle on the terrain within a radius of 600 metres of a line extending vertically below the aircraft unless the prior approval of CASA has been obtained; and\n\n(ii) if the acrobatic flight takes place at 2 nautical miles or less from a licensed aerodrome — the flight does not take place at a height of less than 2 000 feet above the aerodrome unless the prior approval of CASA has been obtained;\n\n(h) paragraph 157 (1) (b) when a glider is engaged in ridge or hill soaring;\n\n(i) subregulation 162 (3) to the extent that, if the glider is overtaking another glider engaged in ridge or hill soaring, the overtaking glider:\n\n(i) must pass between the ridge or hill and the overtaken glider; and\n\n(ii) may, if necessary, alter its heading to the left to do so;\n\n(j) subregulation 163AA (2);\n\n(k) paragraphs 166A (2) (d), (e) and (f), provided that an aircraft operating in the circuit area of a non-controlled aerodrome must, as far as practicable, make all turns in the established circuit direction;\n\n(l) subregulation 173 (3);\n\n(m) subregulation 207 (2) in relation to the carriage of:\n\n(i) a gyroscopic turn and slip indicator; and\n\n(ii) an outside air temperature indicator;\n\n(n) regulation 213 provided that aircraft used in charter operations are maintained in accordance with the GFA Operational Regulations;\n\n(o) regulation 216;\n\n(p) regulations 226, 227 and 229 in relation to a person who:\n\n(i) holds qualifications issued by GFA; or\n\n(ii) has been appropriately instructed by a person who holds qualifications issued by the GFA;\n\n(q) subregulation 243 (1), except when the glider is operating:\n\n(i) in controlled airspace unless air traffic control has authorised the use of an alternative frequency; or\n\n(ii) in the vicinity of a non-controlled aerodrome that is a certified, registered, military or designated non-controlled, aerodrome;\n\n(r) regulation 246 in relation to a glider which is launched using an external power source;\n\n(s) regulation 322 (5).\n\n2.2 The exemptions set out in paragraph 2.1 have effect only if:\n\n(a) the person piloting the glider complies with subsection 4 and 5; and\n\n(b) the operator complies with subsection 6.\n\n2.3 Paragraph 2.1 does not apply to a person in, on, or otherwise associated with the operation of, an aircraft that is towing a glider.\n\n3 Licence not required\n\n3.1 For the purposes of paragraph 20AB (1) (b) of the Act (Flying aircraft without a licence etc.), a person is authorised to perform any duty essential to the operation of a glider without holding a flight crew licence, except making airborne radio transmissions on aeronautical HF frequencies.\n\n4 Issue of charter glider authorisation\n\n4.1 A person must not pilot a glider engaged in charter operations unless he or she:\n\n(a) holds a charter glider authorisation issued by a CFI that certifies that the person meets the requirements set out in Appendix 1; and\n\n(b) the charter glider authorisation has not stopped having effect under paragraph 4.4.\n\n4.2 A charter glider authorisation must be entered in the glider pilot’s log book.\n\n4.3 A charter glider authorisation has effect for the period, not exceeding 2 years and 5 months, stated in it.\n\n4.4 A charter glider authorisation stops having effect:\n\n(a) if the authorisation is suspended by a CFI; or\n\n(b) if the pilot ceases to meet the requirements of Appendix 1; or\n\n(c) at the end of the period stated in it;\n\nwhichever happens first.\n\n4.5 A charter glider authorisation must not be renewed unless the glider pilot has satisfactorily completed a flight test conducted by a level 2 GFA instructor.\n\n5 Conditions applicable to the holder of a charter glider authorisation\n\n5.1 The holder of a charter glider authorisation must not operate a glider unless, in the 3 months preceding the charter flight, he or she has been at the controls of a glider of the kind undertaking the flight for at least 3 take-offs and 3 landings.\n\n5.2 The holder of a charter glider authorisation must not operate a glider under I.F.R. or at night.\n\n5.3 The holder of a charter glider authorisation who is flying a glider engaged in ridge or hill soaring must not fly at a height of less than 100 feet if within 100 metres of a person, a building, or a public road.\n\n5.4 The holder of a charter glider authorisation must not fly a glider over water beyond a safe gliding distance from a suitable landing area.\n\n5.5 The holder of a charter glider authorisation:\n\n(a) must plan a charter operation so as to land at the place from which it departed; and\n\n(b) in the case of a power-assisted sailplane or a powered sailplane — must have the aircraft’s engine in operation during all times that the aircraft is out of gliding range of the aerodrome from which it took off; and\n\n(c) except in an emergency — must not land a glider anywhere except the aerodrome from which it took off.\n\n5.6 The holder of a charter glider authorisation must not undertake a charter flight as pilot in command of a glider:\n\n(a) less than 24 hours after he or she has donated blood; or\n\n(b) if he or she is temporarily unfit due to taking medication; or\n\n(c) if he or she is temporarily unfit due to illness or injury; or\n\n(d) if he or she becomes aware that he or she may have, or be subject to, diabetes, epilepsy, fits, recurrent fainting, giddiness, blackouts, high blood pressure or heart disease.\n\n5.7 If an illness or injury referred to in subparagraph 5.6 (c) persists for more than 30 days, the holder of the charter pilot authorisation must not undertake a charter flight as pilot in command until the holder has been certified fit to do so by a medical practitioner.\n\n5.8 Despite subparagraph 5.6 (d), the holder of a charter glider authorisation may undertake a charter flight as pilot in command if a medical practitioner certifies that he or she is fit to do so.\n\n5.9 If the holder of a charter glider authorisation suffers severe head injuries, the holder must not exercise the privileges of the authorisation until he or she has been certified fit to do so by a medical practitioner.\n\n5.10 If the holder of a charter glider authorisation customarily wears sight correction spectacles, the holder must have a spare set of spectacles readily accessible during a glider flight.\n\n6 Conditions applicable to the operator of charter glider flights\n\n6.1 The operator of a power-assisted sailplane that is engaged in charter operations must ensure that it has engraved placards bearing the following words in the cockpit in full view of, and legible from, each seat:\n\n“1. THIS POWER-ASSISTED SAILPLANE MUST BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF CIVIL AVIATION ORDER 95.4 AND 95.4.1.\n\n2. TAKE-OFFS USING ONLY INSTALLED ENGINE POWER ARE PROHIBITED.”\n\n6.2 The operator of a powered sailplane that is engaged in charter operations must ensure that it has engraved placards bearing the following words in the cockpit in full view of, and legible from, each seat:\n\n“THIS POWERED SAILPLANE MUST BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF CIVIL AVIATION ORDER 95.4 AND 95.4.1.”\n\n6.3 An operator must ensure that:\n\n(a) each of its glider pilots who engage in charter operations holds a charter glider authorisation; and\n\n(b) each other person who assists with the charter operations is appropriately trained and qualified to give the assistance.\n\n6.4 An operator must ensure that, before each charter flight, each glider passenger:\n\n(a) receives a safety briefing; and\n\n(b) is clearly instructed that he or she must not manipulate or interfere with the glider’s controls.\n\n6.5 The operator of a glider that is engaged in charter operations must ensure that:\n\n(a) the glider carries a fire extinguisher; and\n\n(b) the glider carries a first aid kit.\n\n6.6 Subparagraph 6.5 (a) does not apply:\n\n(a) to a sailplane without an electrical system; or\n\n(b) to a sailplane with an electrical system if the electrical system:\n\n(i) has a master switch; and\n\n(ii) is protected by a fuse near the battery.\n\n6.7 Subparagraph 6.5 (b) does not apply to a sailplane if the operator’s ground personnel who are engaged in launching the sailplane have ready access to a first-aid kit.\n\nAppendix 1\n\nQualifications for the issue of a charter glider authorisation to a glider pilot\n\n1. A glider pilot must have at least 60 hours of gliding experience, of which at least 5 hours must be as pilot in command of a 2 seat glider with both seats occupied.\n\n2. A glider pilot must demonstrate competence in the following flight sequences:\n\n(a) a normal launch and release or, in the case of a powered sailplane, normal take-off;\n\n(b) recognising, and recovering from, stalls and spins induced by the examiner;\n\n(c) the practical application of flight rules and procedures;\n\n(d) flying a normal circuit without reference to an altimeter;\n\n(e) flying a normal circuit without reference to an airspeed indicator;\n\n(f) the applicable emergency procedures during launch, or take-off, and in flight.\n\n3. When carrying out the sequences required under clause 2, the glider pilot:\n\n(a) may be required to sit in either seat of the glider; and\n\n(b) must complete all sequences without:\n\n(i) fault in lookout or handling technique; or\n\n(ii) harsh use of the controls.\n\n4. A glider pilot must hold an authorisation issued by the GFA that permits the pilot to carry out daily inspections on the type of glider used in charter operations.\n\n5. A glider pilot must hold:\n\n(a) a class 2 medical certificate; or\n\n(b) a medical certificate issued by a medical practitioner which certifies that the pilot is not suffering from any medical condition that would make him or her unfit to fly a glider in charter operations.\n\n> Notes to Civil Aviation Order 95.4.1\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 95.4.1 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. R59 | 23 December 2004 | 23 December 2004 (see s. 2) | |\n| CAO 95.4.1 2010 No. 1 | FRLI 28 May 2010 | 3 June 2010 (see s. 2) | |\n| CAO 95.4.1 2013 No. 1 | FRLI 5 March 2013 | 6 March 2013 (see s. 2) | |\n\n```html\n

Table of Amendments

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

Provision affected

How affected

s. 95.4.1

subs. 2

rs. CAO 2004 No. R59

am. CAO 95.4.1 2010 No. 1; CAO 95.4.1 2013 No. 1

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument's exemption regime has been amended since first made: the Table of Amendments records that subsection 2 was replaced and later amended (CAO 2010 No. 1; CAO 2013 No. 1). That indicates the scope of the listed exemptions and their conditions was changed by those instruments."},"complexity_factors":["Extensive cross‑references to multiple provisions of the Civil Aviation Regulations 1988 and to Civil Aviation Order 95.4 (para 2.1) increasing legal cross‑linking.","Conditional exemptions that only apply if the pilot and operator meet separate, interdependent conditions (see paras 2.2, 4, 5 and 6).","Dependence on external industry documents: GFA Operational Regulations and GFA Manual of Standard Procedures Part 3 Airworthiness are required for some exemptions to operate (para 2.1(aa); para 2.1(n)).","Detailed authorisation regime for pilots (charter glider authorisation): issue, logbook entry, duration, suspension, renewal testing by level 2 GFA instructor and training standards in Appendix 1 (secs 4 and Appendix 1).","Multiple operational and safety restrictions with medical, recency and equipment requirements (secs 5.1–5.10 and 6.5–6.7) creating ongoing compliance burdens for pilots and operators.","Specific technical and operational carve‑outs (e.g. towing aircraft excluded from exemptions, controlled airspace limitations, ridge/hill‑soaring rules) that complicate application (para 2.3; paras 2.1(g), 2.1(q), 2.1(i)).","Recordkeeping and visible placard obligations for operators of powered or power‑assisted sailplanes (secs 6.1–6.2) adding operator administrative duties.","Amendment history that has altered subsection 2, requiring attention to versioning and transitional application (Table of Amendments)."],"plain_english_summary":"This Civil Aviation Order creates a tailored regulatory regime for gliders used in paid (charter) flights. It exempts such flights from many standard Civil Aviation Regulations provided operators follow Gliding Federation of Australia (GFA) rules and meet specified pilot, aircraft and operator conditions. It affects incorporated gliding clubs, their pilots and passengers by shifting some regulatory compliance to GFA authorisations, training, equipment and medical checks, and by requiring a charter glider authorisation for pilots."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The amendment history shows only minor updates (2010, 2013) to the exemption provisions in subsection 2, suggesting the scope has remained stable as a specialised exemption framework for glider charter operations since its 2004 inception."},"complexity_factors":["19 separate regulatory exemptions listed across paragraphs 2.1(aa) through 2.1(s), many with nested conditions and exceptions","Cross-references to external documents: GFA Operational Regulations, GFA Manual of Standard Procedures Part 3 Airworthiness, and section 95.4 (which contains definitions for three types of gliders)","Dual conditional structure: exemptions in 2.1 are contingent on compliance with subsections 4, 5, AND 6 (pilot qualifications, pilot conditions, AND operator conditions must all be met)","Nested exceptions to exemptions: paragraph 2.3 excludes tow planes from the exemptions; paragraph 2.1(g) has two-tier conditional logic for aerobatic flight heights based on distance from aerodrome; subparagraphs 6.5(a) and 6.5(b) have their own exceptions in 6.6 and 6.7","8 defined terms in section 1.1, with 3 terms (power-assisted sailplane, powered sailplane, sailplane) defined by reference to another section (95.4) rather than defined inline","Medical fitness rules in section 5.6-5.9 create a complex lattice: general prohibitions, 30-day persistence rule for illness, medical practitioner certification exceptions for some conditions but mandatory certification for head injuries, and specific spectacles requirement","Appendix 1 imposes 5 separate qualification requirements including subjective competence demonstrations and dual medical certification pathways (class 2 certificate OR practitioner certificate)"],"plain_english_summary":"This Civil Aviation Order creates a special legal pathway for **glider charter operations** (paid joy flights, tourist flights, etc.) that would normally be illegal under standard aviation rules.\n\n**What it does:**\nNormally, flying paying passengers for hire requires strict compliance with the Civil Aviation Regulations — including holding a full pilot's licence, using aircraft with full certification, and meeting expensive equipment and maintenance standards. This Order says: **glider clubs can skip most of those rules** if they follow a specific alternative safety framework instead.\n\n**Who it affects:**\n- **Gliding clubs** that are incorporated, affiliated with the Gliding Federation of Australia (GFA), and want to offer paid charter flights\n- **Glider pilots** who want to fly paying passengers without holding a standard CASA flight crew licence\n- **Passengers** taking tourist glider flights\n\n**The trade-off (exemptions vs conditions):**\nThe Order exempts gliders and pilots from **19 different regulatory requirements**, including:\n- Parts of the regulations covering aircraft equipment, maintenance, and flight rules\n- The requirement to hold a formal CASA pilot's licence (replaced with a \"charter glider authorisation\" issued by the club's chief flying instructor)\n- Certain radio equipment requirements\n- Standard rules about aerobatics, overtaking other aircraft, and circuit patterns\n\n**In exchange, strict conditions apply:**\n- Pilots must hold a GFA gliding certificate and pass a flight test every 2 years and 5 months\n- Pilots need 60 hours gliding experience, including 5 hours commanding a two-seat glider with a passenger\n- Pilots must stay current (3 take-offs and landings in the last 3 months)\n- No night flying or instrument flying allowed\n- Strict medical fitness requirements (no flying within 24 hours of blood donation, after certain injuries, or with specific medical conditions unless cleared)\n- Operators must provide safety briefings, fire extinguishers, first aid kits, and specific cockpit warnings for powered gliders\n- Flights must generally return to the departure aerodrome (no one-way charter trips)\n\n**Why it matters:**\nThis allows Australia's recreational gliding community to offer commercial experiences (tourism, trial flights) without forcing glider clubs to meet the same expensive regulatory standards as commercial airlines or charter airlines using powered aircraft. It recognises that gliding has different risk profiles and operates within a well-established self-regulating community (the GFA), while still maintaining safety through alternative means."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli","history":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli/history","analysis":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli/analysis","conflicts":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli/conflicts","importantCases":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli/important-cases","documents":"/api/acts/civil-aviation-order-95-4-1-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-gli/documents"}}