{"id":"F2005B00886","name":"Civil Aviation Order 95.4 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gliders, powered sailplanes & power-assisted sailplanes (12/12/2004)","slug":"civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32290,"registerId":"commonwealth-F2005B00886-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 95.4 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Gliders, powered sailplanes & power-assisted sailplanes (12/12/2004)","content":"> Note: Civil Aviation Order 95.4\n\n \n\n> Note: (as amended)\n\nmade under regulation 308 of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 28 May 2010 taking into account amendments up to Civil Aviation Order 95.4 Amendment Order (No. 1) 2010.\n\nPrepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.\n\nContents\n\nSection 95.4 (Exemption from provisions of the Civil Aviation \nRegulations 1988 — gliders, powered sailplanes and power-assisted sailplanes)\n\nPage\n\n1 Application\n\n2 Definitions\n\n3 Exemptions\n\n3A Licence not required\n\n4 Conditions\n\nNotes to Civil Aviation Order 95.4\n\nSection 95.4\n\nExemption from provisions of the Civil Aviation Regulations 1988 — gliders, powered sailplanes and power-assisted sailplanes\n\n1 Application\n\nThis section applies to gliders, powered sailplanes and power-assisted sailplanes used for:\n\n(a) sporting and recreational purposes; or\n\n(b) practical flight instruction conducted in accordance with GFA Operational Regulations.\n\n2 Definitions\n\nIn this section:\n\n> GFA means the Gliding Federation of Australia (ACN 008 560 263).\n\n> GFA Operational Regulations means the regulations prepared by the GFA and approved by CASA, containing the procedures and instructions necessary to ensure that gliders, powered sailplanes and power-assisted sailplanes to which this section applies comply with the provisions of the regulations applicable to those aircraft, and with the conditions specified in subsection 4 of this Order.\n\n> glider or sailplane means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.\n\n> power-assisted sailplane means an aircraft meeting glider certification standards, fitted with auxiliary power insufficient to meet the take-off requirement specified for a powered sailplane and capable of only limited duration powered flight. The rate of climb of a power-assisted sailplane at the manufacturer’s maximum take-off weight, under ISA conditions at sea level, shall not exceed 1 metre per second.\n\n> Powered sailplane means a powered aeroplane which meets the following limitations:\n\n(a) the design value of the ratio of the maximum mass (W), in kilograms, to the square of the wing span (b) in metres does not exceed 3 kg/m2;\n\n ![](image.001.png) = ![](image.002.png)\n\n(b) the minimum climb rate is 300 metres in 4 minutes;\n\n(c) the minimum sink rate does not exceed:\n\n(i) 1.0 metre per second for single seat powered sailplane; or\n\n(ii) 1.2 metres per second for a 2 seat powered sailplane;\n\n(d) the minimum glide slope at maximum landing mass with spoilers/dive brake fully extended must not exceed 1 in 7 (1:7) at 1.3 Vso (stall speed in landing configuration);\n\n(e) the maximum number of seats is 2.\n\n3 Exemptions\n\nUnder regulation 308 of the Civil Aviation Regulations 1988 CASA exempts aircraft to which this section applies from compliance with the following provisions:\n\n(a) subregulation 55 (6);\n\n(b) Part 5;\n\n(d) subregulations 83 (1), (2) and (3) in respect of VHF equipment;\n\n(f) paragraphs 133(1) (a) and (e);\n\n(g) paragraphs 139 (1) (d) and (e);\n\n(i) subregulation 150 (1) insofar as the dropping of towing and/or drag increasing devices is concerned;\n\n(j) 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 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 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(k) subregulation 162 (3) only insofar as an aircraft to which this section applies, which is overtaking a glider, powered sailplane or power-assisted sailplane engaged in ridge or hill soaring, shall pass between the ridge or hill and the overtaken aircraft and may alter its heading to the left for the purpose;\n\n(l) subregulation 163AA (2);\n\n(m) 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(n) subregulation 173 (3);\n\n(o) subregulation 207 (2) insofar as the carriage of a gyroscopic turn and slip indicator and an outside air temperature indicator as prescribed in Civil Aviation Order 20.18 Appendix I is concerned;\n\n(p) regulation 210 insofar as advertising of flying training to qualify for a pilot standard specified in the GFA Operational Regulations is concerned;\n\n(q) regulation 213 provided that aircraft shall be maintained in accordance with the procedures specified in the GFA Operational Regulations;\n\n(r) regulation 215;\n\n(s) regulation 216;\n\n(t) regulations 226, 227, 228 and 229 insofar as persons qualified or instructed in accordance with the GFA Operational Regulations are concerned;\n\n(u) 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(v) regulation 246 in respect of aircraft being launched using external power sources;\n\n(w) subregulation 322 (5);\n\nand specifies the conditions set out in subsection 4 as the conditions to be complied with by such aircraft.\n\n3A Licence not required\n\n3A.1 For the purposes of 20AB (1) (b) of the Act (flying an 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 Conditions\n\n4.1 An aircraft to which this section applies shall not be operated except:\n\n(a) by an individual who is a member of the GFA, or an organisation which is affiliated with the GFA, or a person or organisation who has undertaken in writing to maintain and operate the aircraft in accordance with the standards of the GFA;\n\n(b) in accordance with the rules, orders, directions, standards and operational procedures contained in the GFA Operational Regulations and other applicable manuals and written directives of the GFA; and\n\n(c) by a pilot who is qualified in accordance with the standards specified in the GFA Operational Regulations and subject to the limitations which are specified in the GFA Operational Regulations as being appropriate to the qualification held by the pilot in command.\n\n4.2 An aircraft to which this section applies shall not be operated under the Instrument Flight rules or at night.\n\n4.3 A glider, powered sailplane or power-assisted sailplane completing a flight may descend below 500 feet above the ground when approaching its intended landing place if the flight is conducted in accordance with the GFA Operational Regulations.\n\n4.4 Gliders, powered sailplanes and power-assisted sailplanes engaged in ridge or hill soaring may fly at a height below 500 feet above the ground, but no closer to terrain or any obstacles thereon than the distances specified in the GFA Operational Regulations.\n\n4.5 Except with CASA’s written permission and in accordance with any conditions specified in that permission to minimise hazard to other aircraft or persons or property on the ground or water, an aircraft to which this section applies:\n\n(a) shall not be flown:\n\n(i) over water beyond safe gliding distance from a suitable landing area; or\n\n(ii) in the case of a powered sailplane or power-assisted sailplane being operated under power beyond gliding range from land, unless the provisions relating to flight over water specified in AIP RAC/OPS are complied with;\n\n(b) shall not be flown for the purpose of dual instruction unless:\n\n(i) the instruction is imparted by a person holding a valid instructor authorisation issued by the GFA; and\n\n(ii) the type of instruction given is within the privileges and limitations specified in the GFA Operational Regulations as being appropriate to the authorisation held by the instructor.\n\n4.6 Powered sailplanes and power-assisted sailplanes to which this section applies shall carry engraved placards in the cockpit in full view from every control seat. These placards shall bear the words as follows:\n\n(i) in the case of a powered sailplane:\n\n“THIS POWERED SAILPLANE MUST BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF CAO 95.4 AND THE GFA OPERATIONAL REGULATIONS”; or\n\n(ii) in the case of a power-assisted sailplane:\n\n“1. THIS POWER-ASSISTED SAILPLANE MUST BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF CAO 95.4 AND THE GFA OPERATIONAL REGULATIONS.\n\n2. TAKE-OFFS USING ONLY INSTALLED ENGINE POWER ARE PROHIBITED.”\n\n> Note Attention is directed to the fact that the exemptions granted by this section do not confer on the operator of an aircraft to which this section applies any rights as against the owner or occupier of any land on or over which the operations are conducted, nor prejudice in any way the rights or remedies which a person may have in respect of any injury to persons or damage to property caused directly or indirectly by the aircraft.\n\n> Notes to Civil Aviation Order 95.4\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 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. R58 | 23 December 2004 | 23 December 2004 (see s. 2) | |\n| CAO 95.4 2006 No. 1 | FRLI 4 April 2006 | 5 April 2006 (see s. 2) | |\n| CAO 95.4 2010 No. 1 | FRLI 28 May 2010 | 3 June 2010 (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

subs. 2

subs. 3

subs. 4

rs. CAO 2004 No. R58

am. CAO 95.4 2006 No. 1

am. CAO 95.4 2010 No. 1

am. CAO 95.4 2006 No. 1

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Order remains focused on a single policy: to exempt gliders, powered sailplanes and power-assisted sailplanes used for sport/recreation and GFA-conducted instruction from specified provisions of the Civil Aviation Regulations and to substitute GFA Operational Regulations and particular conditions as the operative standards (see s.1–s.4). Amendments recorded in the table (2006, 2010) updated wording, definitions and some conditions but did not materially expand the instrument beyond that original, narrow purpose of delegating operational detail for gliding activities to the GFA while preserving CASA oversight and specified limits."},"complexity_factors":["Several technical definitions with numeric performance limits (powered sailplane and power-assisted sailplane criteria in s.2) require technical verification","Multiple cross-references to many separate provisions of the Civil Aviation Regulations 1988 (s.3 lists many reg/subreg/paragraph exemptions)","Delegation of detailed operational, maintenance and training standards to the GFA Operational Regulations (s.2, s.4) introduces an external body of rules to be read together with the CAO","Conditional exemptions and permissions (eg. acrobatic height minima in s.3(j), use of alternative frequencies in s.3(u), over-water flight permissions in s.4.5) create multi-step decision logic","A licence-exemption carve-out (s.3A) with a specific exception (HF radio transmissions) creates a narrow but important limitation","Eligibility requirements (membership/affiliation/written undertaking in s.4.1) create administrative preconditions that interact with the exemptions","Operational prohibitions (no IFR or night flying, s.4.2) combined with allowed exceptions (eg. low approaches in s.4.3–4) add layered operational rules","Amendment history and replacement of earlier CAO text (2004, 2006, 2010) means one must track changes across versions for precedent or historical interpretation"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- This Civil Aviation Order (CAO 95.4) exempts gliders, powered sailplanes and power-assisted sailplanes used for sport/recreation and for practical flight instruction conducted under the Gliding Federation of Australia (GFA) from complying with many specific provisions of the Civil Aviation Regulations 1988 (see s.3). In place of those regulatory provisions, the aircraft and people operating them must comply with the GFA Operational Regulations and the conditions set out in the Order (see s.2 and s.4).\n\n**Who it affects\n\n- Pilots, owners and operators of gliders, powered sailplanes and power-assisted sailplanes that are used for sporting or recreational flying, or for GFA-approved instruction (s.1).\n- The Gliding Federation of Australia (GFA), because the Order makes the GFA Operational Regulations the operative standard for these aircraft (s.2).\n- Flight instructors and training organisations that rely on the exemptions – they must meet GFA authorisation and affiliation requirements (s.4).\n- The Civil Aviation Safety Authority (CASA), which retains gatekeeper powers (eg. to authorise alternatives or give written permission) but delegates much day-to-day standards enforcement to the GFA via the Operational Regulations (various provisions in s.3 and s.4).\n\n**How it works, in plain language\n\n- Definitions and technical limits: The Order defines the categories of aircraft covered (glider/sailplane, powered sailplane, power-assisted sailplane) and sets technical limits for powered types (for example, climb and sink rates, seating limits) that determine eligibility for the exemptions (s.2).\n- Specific exemptions: The Order lists the specific regulatory provisions from which these aircraft are exempted (s.3). Those exemptions are conditional on meeting the Order's requirements and the GFA Operational Regulations. Examples include exemptions relating to certain equipment, circuit and airspace procedures, maintenance regimes and training/advertising rules (s.3(a)–(w)).\n- Licence relief for some duties: Section 3A authorises a person to perform duties essential to the operation of a glider without holding a flight crew licence for the purposes of the relevant offence provision in the Act, except that the person may not make airborne radio transmissions on aeronautical HF frequencies.\n- Conditions to keep exemptions: To rely on the exemptions an aircraft must be operated only by GFA members (or affiliated organisations or persons who commit in writing to GFA standards), follow the GFA Operational Regulations and be flown by pilots whose qualifications match the GFA standards (s.4.1). Additional conditions include: no IFR operations or night flying (s.4.2); limits on low flying and ridge/hill soaring (s.4.3–4); restrictions on over-water operations without CASA permission (s.4.5); requirements about dual instruction (s.4.5(b)); and cockpit placards required for powered types (s.4.6).\n- CASA oversight retained: CASA keeps residual controls — for example, CASA must approve GFA Operational Regulations, can grant or withhold written permissions (eg. to fly beyond gliding range over water or to permit lower acrobatic minima), and can authorise alternative frequencies in controlled airspace (see s.2, s.3(j)(i–ii), s.4.5(a), s.3(u)).\n\n**Why the Order matters (official rationale and mechanical test)\n\n- Officially: the Order is presented as a way to allow gliding activities to operate under a specialist operational regime administered by the GFA, consistent with the aircraft types' performance characteristics, while keeping overall safety oversight via CASA.\n- Mechanically: it shifts compliance for many day-to-day operational, training and maintenance rules from the generic Civil Aviation Regulations to the GFA Operational Regulations, subject to CASA approval and certain limits and permissions (s.2, s.3, s.4). That means the GFA sets many operational details for its members, and CASA enforces higher-level boundaries and approvals.\n\n**Costs, incentives, trade-offs and likely behavioural effects (mechanisms, not judgments)\n\n- Who pays / who bears the burden: The primary compliance burden shifts to the gliding community and the GFA. Operators must follow the GFA Operational Regulations and document affiliation/membership (s.4.1). CASA still expends oversight resources on approvals and permissions.\n- Incentives for the GFA: Because the Order makes the GFA Operational Regulations the operative standard for exempted operations (s.2), the GFA has an incentive to draft and enforce standards that enable operating activity for its members. This centralises technical rule-making for these activities in a single industry body.\n- Effect on providers and competition: Organisations that wish to rely on these exemptions must be GFA-affiliated or operate under a written commitment to GFA standards (s.4.1(a)). That may raise the cost of entering the market for training or recreational services that want the exemptions, relative to operators who do not seek the exemptions.\n- Safety and externalities: The Order permits some operations that would otherwise be restricted (for example, descending below 500 feet in approach if following GFA procedures (s.4.3), and special permissive rules for ridge/hill soaring (s.4.4)), while preserving CASA’s ability to limit higher-risk activities by written permission. Any change in risk allocation is managed by substituting GFA technical controls for prescriptive Regulations and by CASA oversight at the approval/permission level (s.3, s.4.5).\n- Administrative and compliance trade-offs: For CASA, delegating detail to the GFA lowers the need for CASA to regulate the minutiae of gliding operations but requires CASA to assess and approve the GFA Operational Regulations and to monitor ongoing compliance and safety outcomes (s.2, s.4). For operators, following a single, specialist rulebook can reduce compliance costs compared with multiple generic Regulation provisions, but it concentrates responsibility on the GFA and its enforcement processes.\n- Liability and third-party rights: The Order’s notes explicitly state that the exemptions do not create new rights to use land and do not affect third-party legal remedies for injury or property damage caused by aircraft operations (Note to CAO 95.4).\n\n**Key practical points to watch (implementation risk / compliance traps)\n\n- Eligibility depends on meeting the technical definitions in s.2 (eg. climb/sink rates, weight/span ratio): operators must confirm their aircraft meet those definitions.\n- Reliance on exemptions requires GFA membership/affiliation or a written commitment to operate to GFA standards (s.4.1(a)).\n- Several exemptions are conditional on CASA approval or written permission (eg. alternative frequencies in controlled airspace, lower-than-standard acrobatic minima near aerodromes) — those remain CASA decision points (s.3(j), s.3(u), s.4.5).\n- Some regulatory reliefs are specific (for example, limited licence relief in s.3A) and narrow (radio transmissions on HF remain restricted).\n\nReferences: the Order’s operative parts are sections 1–4 (application, definitions, exemptions, conditions) and the Note on legal effect (CAO 95.4)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. It was created specifically to provide a tailored regulatory framework for gliding activities, and the 2006 and 2010 amendments appear to be technical updates rather than scope expansion. The core mechanism — exempting gliders from standard regulations and substituting GFA-administered rules — remains unchanged from the original 2004 intent."},"complexity_factors":["Multiple cross-references to the Civil Aviation Regulations 1988 (specifically listing 22 separate regulatory provisions being exempted)","Technical aircraft definitions requiring specific performance metrics (climb rates, sink rates, wing loading ratios, glide slopes)","Nested conditional logic in exemptions — several exemptions include 'provided that' or 'on condition that' clauses with multiple sub-conditions (e.g., section 3(j) aerobatic flight conditions with distance-based altitude requirements)","Delegated regulatory framework — the Order doesn't stand alone but incorporates by reference the external 'GFA Operational Regulations', creating a two-layer regulatory system","Specific numerical thresholds throughout (e.g., 1 metre/second climb rate, 2 nautical miles, 1000 feet, 1:7 glide slope, 1.3 Vso)","Mixed exemption structure — some provisions fully exempted, others partially exempted with carve-outs ('insofar as')"],"plain_english_summary":"**What this legislation does**\n\nThis Civil Aviation Order (CAO 95.4) creates a special regulatory framework for gliders, powered sailplanes, and power-assisted sailplanes used for sport, recreation, and flight training. Instead of making these aircraft comply with the full suite of standard aviation rules, it **exempts them from many normal requirements** and replaces them with a simpler set of conditions administered by the Gliding Federation of Australia (GFA).\n\n**Who it affects**\n\n- **Pilots and operators** of gliders and motorised gliders used for sporting/recreational flying or GFA-approved training\n- The **Gliding Federation of Australia (GFA)**, which becomes the delegated body setting operational standards\n- **Flight instructors** and students under the GFA training system\n\n**Key exemptions granted**\n\nThe Order exempts these aircraft from numerous standard Civil Aviation Regulations, including:\n- **Pilot licensing requirements** — people can fly gliders without holding a standard flight crew licence (though they still need GFA qualifications)\n- **Radio equipment rules** — reduced VHF requirements\n- **Maintenance regulations** — aircraft can be maintained under GFA procedures rather than standard aviation maintenance rules\n- **Flight rules** — exemptions from certain altitude restrictions, overtaking rules, and aerobatic flight limitations\n- **Training advertising rules** — GFA can advertise its own training standards\n\n**Conditions that must be met**\n\nTo use these exemptions, operators must:\n- Be GFA members or affiliated organisations, or commit in writing to follow GFA standards\n- Operate strictly under the **GFA Operational Regulations** (a rulebook approved by CASA)\n- Only fly under visual flight rules (VFR) — **no night flying or instrument flying**\n- Carry specific cockpit placards warning of operational restrictions\n- Follow special rules for flying over water, dual instruction, and low-altitude ridge soaring\n\n**Why it matters**\n\nThis Order recognises that gliding is a specialised, lower-risk activity that doesn't need the same heavy regulatory burden as commercial aviation. It allows the gliding community to self-regulate through the GFA while maintaining safety through CASA-approved standards. It essentially creates a **parallel, lighter regulatory system** for recreational gliding."},"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-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide","history":"/api/acts/civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide/history","analysis":"/api/acts/civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide/analysis","conflicts":"/api/acts/civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide/conflicts","importantCases":"/api/acts/civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide/important-cases","documents":"/api/acts/civil-aviation-order-95-4-exemption-from-the-provisions-of-the-civil-aviation-regulations-1988-glide/documents"}}