Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

Several definitional and structural concepts anchor the Order’s scope and mechanics. Careful reading of definitions in s 5.1 to s 5.6 reveals the instrument’s target population, the applicable safety governance model, and the technical thresholds that determine eligibility.

Relevant aircraft and listed: The Order applies only to a microlight aeroplane if it is “listed with a sport aviation body” (s 4). The Order defines “listed” by reference to the sport aviation body’s approved function of administering the aircraft, and by requiring the sport aviation body to hold a record containing a description of the aircraft and the identifying mark issued by the body in accordance with its operations or technical manual (s 5.1, definition of listed). This creates an administrative gate. The sport aviation body’s recordkeeping is a precondition to the Order’s application.

Microlight aeroplane: The Order provides a technical definition of microlight aeroplane in s 5.1. The definition covers privately built single‑place weight‑shift‑controlled aeroplanes and privately built single‑place 3‑axis aeroplanes. Key numerical thresholds are: take‑off weight ceilings ranging from 300 kg to 355 kg depending on whether the aircraft is equipped to land on water and whether it carries a parachute recovery system, and a wing loading ceiling of 30 kg/m2 at take‑off weight (s 5.1, microlight aeroplane). A note clarifies that a microlight aeroplane under this Order is not a Part 103 aircraft.

Privately built and eligible private builder: The Order narrows applicability to privately built aircraft by prescribing who counts as a private builder and what construction provenance is acceptable (s 5.2). Conditions include that the aircraft was built by one person or jointly by not more than four persons with a view to ownership by a builder, that each builder was an eligible private builder at the time of completion (s 5.5), and that the aircraft was designed by its builder or built to drawings/data approved in writing by the sport aviation body or from an approved kit (s 5.2(c)). Paragraph 5.2(d) restricts parts provenance by requiring that parts (other than recognised standard parts) were made by or at the direction of the builder.

Recognised standard part, operations manual, technical manual and exposition: The Order relies heavily on the governance documents of the relevant sport aviation body. “Recognised standard part” is a part identified in the sport aviation body’s standard parts list included in its operations manual or technical manual, or in the exposition if the body is an ASAO (s 5.1). An operations manual is the CASA‑approved manual containing practices and procedures for operational safety; a technical manual contains airworthiness, design and maintenance standards and test procedures (s 5.1). Where the sport aviation body is an ASAO (an authorised organisation), its exposition plays the same role. The Order therefore delegates significant operational and technical standards to these documents.

Exempted provisions: The exemptions created in s 8.1 apply only if the person complies with the Order’s conditions. The exempted provisions are listed in s 8.2 and include broad swathes of CAR and CASR, though several important CASR Parts are carved out from exemption under s 6 (notably Parts 1, 11, 21, 39, 61, 67, 91, 92, 99 and 149). That means the instrument is not a blanket deregulation; it is a targeted exemption that leaves core regulatory architecture in place.

Flight and equipment references: The Order cross‑references technical standards in other instruments. Definitions like automatic ELT, survival ELT, SSR and transponder take their meaning from the Part 91 MOS (s 5.1). Section 10.4 and 10.5 pick up requirements from subsections of CAO 20.18 for ADS‑B and SSR transponder equipment. The Order therefore sits within and depends upon the existing technical regime, rather than replacing it wholesale.

CASA discretion and transition: CASA retains authority to determine that an aircraft that would not otherwise comply “substantially complies” with the Order and may be safely operated under it (s 5.3). CASA can impose additional conditions in such a determination (s 5.4). CASA also has a formal approval pathway for flights that do not meet a stated condition, requiring an application (with particulars) 28 days before the proposed flight and specifying conditions of any approval (s 12). Transitional provisions preserve certificates and approvals given under earlier versions of CAO 95.10 (s 13).

In combination, these concepts mean the Order: targets privately built, single‑place microlights that are administered and recorded by sport aviation bodies; substitutes sport body governance documents for many CASR obligations; requires specified operational and equipment conditions; preserves key CASR standards outside the exemption; and gives CASA an approval and determination power to tailor or restrict operations.

The instrument’s subject group is narrow and the affected persons and entities can be identified precisely from the text. Primary affected parties are operators of listed microlight aeroplanes, pilots and maintainers of those aircraft, sport aviation bodies and CASA. Secondary affected parties include owners who are not builders, landowners and members of the public exposed to low level flights.

Operators and owners of relevant aircraft: The Order applies in relation to a microlight aeroplane if it is listed with a sport aviation body (s 4). That means owners and operators whose aircraft meet the microlight technical definition and are administered by a sport aviation body are directly affected. Condition s 9(a) hits owners who are not the builder: if an aircraft was first listed on or after 1 March 1990, was privately built and is owned by someone other than the builder, the aircraft must not be flown unless the sport aviation body has issued a certificate or other authorisation stating the aircraft meets the requirements in the operations manual, technical manual or an ASAO’s exposition (s 9(a)). That places responsibility on owners to secure sport body certification before flight.

Pilots: Paragraph 9(e) makes pilot eligibility conditional on holding a pilot certificate granted by the relevant sport aviation body in accordance with its operations manual or an ASAO’s exposition, and on operating within the privileges and limitations of that certificate. The Order therefore shifts pilot certification for these aircraft from CASR Part 61 licences to sport aviation body certificates for the relevant operations. Pilots who wish to operate in controlled airspace must, however, satisfy CASR‑derived requirements in s 10.2(c) including holding a pilot licence with an aircraft category rating that includes operating in controlled airspace and a valid flight review under Part 61, if they are to operate in Classes A, B, C or D under s 10.2(b)-(e).

Maintainers: Paragraph 9(g) requires a person maintaining a relevant aircraft to hold the necessary qualification for that activity as specified in, and to maintain the aircraft in accordance with, the relevant sport aviation body’s operations manual and technical manual, or an ASAO’s exposition. That pushes maintenance standards onto sport aviation bodies’ technical frameworks and specifies a qualification requirement set by those bodies.

Sport aviation bodies and ASAOs: The Order places administrative and supervisory responsibilities on sport aviation bodies. To render an aircraft “listed” the sport body must administer the aircraft and hold the prescribed record items (s 5.1, listed). Sport bodies provide pilot certificates, set operations and technical manuals that determine day‑to‑day eligibility (s 9(f)-(g)), and may need to hold and maintain lists of recognised standard parts. An ASAO’s exposition is treated equivalently to a sport aviation body’s manuals in multiple provisions (s 5.1 definitions and s 9).

CASA: CASA retains multiple controls. CASA may determine in writing that an aircraft not otherwise complying with the Order substantially complies and may be treated as a relevant aircraft (s 5.3-5.4). CASA issues approvals under s 12 for flights not complying with specified conditions and is the authorising administrative body for those approvals. The Order itself is made by a CASA delegate and the instrument references CASA determinations of airspace classes, the Part 91 MOS and CAO 20.18 as sources of applicable technical standards (s 5.6; s 5 definitions and s 10.4-10.5). CASA also retains the ability to set additional conditions in determinations and approvals.

Third parties and the public: The Order includes provisions that affect landowners and the public. Paragraphs 11.1-11.3 prescribe the conditions under which a relevant aircraft may be flown below 500 feet above ground level, including where land is owned or controlled by the pilot or a close relative, or where permission is obtained from the landowner or occupier. Paragraphs 11.2 and 11.3 set minimum horizontal separation distances from public roads, uninvolved persons and dwellings, and require additional caution when taking off and landing.

Regulated parties outside the exemption: The instrument explicitly leaves several core CASR Parts in force (s 6 note). Those who undertake activities that implicate those Parts remain subject to CASR even if their aircraft is a relevant aircraft. Moreover, Subpart 91.Y and Parts 13, 33, 35, 45, 47, 64 and 90 are listed as exempted provisions in s 8.2(b)(iv) and (b)(v), but other Parts remain applicable. The practical effect is that certain governance domains remain regulated under CASR and are not removed by the Order.

Time‑bounded stakeholders: Because the Order is time limited, parties that plan investments, operational changes or training must take the expiry date into account. The Order expires at the end of 1 December 2027 (s 3), and transitional provisions preserve earlier authorisations only through the Order’s commencement (s 13).

In short, the instrument primarily affects those who build, own, operate, maintain and certify privately built, single‑place microlight aeroplanes that a sport aviation body administers, while CASA and sport aviation bodies retain supervisory and approval roles. The instrument also imposes obligations that affect interactions with landowners and the public where low flight altitudes are involved.

The Order creates a package of conditional duties and corresponding permissions. These are located mostly in Parts 5, 6, 7, 8, 9, 10, 11 and 12. Below are the principal duties that must be satisfied to benefit from the Order, followed by the rights and permissions the Order grants when conditions are met.

Principal duties and operating conditions

• Eligibility and listing requirements: An aircraft must be a microlight aeroplane as defined in s 5.1 and must be listed with a sport aviation body (s 4, s 5.1 defined term listed). The sport aviation body must hold an administration record containing the specified description and identifying mark (s 5.1, listed).

• Privately built conditions: The private‑build provenance rules in s 5.2 apply. The aeroplane must have been built by one person or jointly by up to four persons, with intent for ownership by those builders, built using designs or kits approved in writing by the sport body or designed by the builder, and parts other than recognised standard parts must be made by or at the direction of the builder. A builder must not have completed another qualifying microlight in the prior 12 months to be an “eligible private builder” (s 5.2, 5.5).

• Recordkeeping and certification by sport aviation body: If an aircraft was first listed on or after 1 March 1990, was privately built and is owned by someone other than the builder, the aircraft must not be flown unless the relevant sport aviation body has issued a certificate stating compliance with the operations or technical manual, or in the case of an ASAO, its exposition (s 9(a)).

• Signs and warnings: A sign must be clearly displayed in the aircraft in a position visible to the pilot stating that CASA has not guaranteed the aircraft’s airworthiness, that the sport aviation body has not guaranteed airworthiness, and that the pilot operates at the pilot’s own risk (s 9(b)).

• Purpose and commercial use restrictions: The aircraft must not be used for carriage of passengers or cargo for hire or reward (s 9(c)). Permitted purposes are limited to the personal carriage of the pilot or private aerial inspection of stock or farming equipment on land owned or controlled by the pilot or a close relative, with consent (s 9(d)).

• Pilot certification and operation in accordance with sport body manuals: The pilot in command must hold a pilot certificate granted by the relevant sport aviation body and operate in accordance with that certificate’s privileges and limitations (s 9(e)). Operations and maintenance must be conducted in accordance with the sport aviation body’s operations manual and technical manual, or an ASAO’s exposition (s 9(f)-(g)).

• Flight conditions: Flight is limited to VMC, daylight hours, and VFR consistent with the VFR requirements (s 10.1(a)-(b)), no aerobatics (s 10.1(c)), and restrictions on flight height (s 10.1(e) and Part 11). Specific over‑water distance limitations are imposed depending on equipment and lifejackets (s 10.1(f)). Flights over populous areas and public gatherings require approvals under CASR regs 91.045 or 91.050 unless a narrow exception applies (s 10.1(g), 10.1A). Airspace restrictions are set out, with primary authorisation for Class E and G and conditional operations in Classes A-D or restricted areas (s 10.1(h), 10.2).

• Communications and equipment: Radiocommunications use must be by authorised persons in VHF or other frequencies in accordance with Part 61 or the sport body’s authorisation rules (s 10.3). Aircraft fitted with ADS‑B or SSR equipment must comply with CAO 20.18 requirements cross‑referenced in s 10.4-10.5.

• Maintenance qualifications: Maintenance must be undertaken by persons holding the necessary qualifications specified in the sport aviation body’s manuals or an ASAO’s exposition (s 9(g)).

Rights and permissions created by the Order

• Exemption from specified CAR and CASR provisions: Where the conditions are satisfied, persons who would otherwise have obligations under the listed exempted provisions are exempt from complying with those obligations (s 8.1-8.2). The exemption is expressly conditional.

• Authorisation to fly without a certificate of airworthiness: For the purposes of CASR reg 200.020, a relevant aircraft is an Australian aircraft exempt from CASR except as listed in s 6; the Note to s 6 records that under reg 200.020 such an aircraft is authorised to fly without a certificate of airworthiness (s 6, note).

• Authorisation for persons to perform essential duties without a civil aviation authorisation: For purposes of paragraph 20AB(1)(b) of the Act, persons performing duties essential to operation during flight time are authorised to do so without holding a civil aviation authorisation mentioned in paragraph 20AB(1)(a), subject to the Order’s conditions (s 7.1). The exception for HF transmission is preserved, requiring Part 61 or 64 authorisation for HF airband transmissions (s 7.2).

• CASA approvals and determinations: The Order grants CASA a statutory pathway to approve flights that do not comply with specified conditions, subject to application and 28 days’ notice, and to specify any conditions on that approval (s 12.1-12.3). CASA can also determine that an aircraft substantially complies and may be operated under the Order, and to add conditions to that determination (s 5.3-5.4).

Interaction constraints and limits

• Exemption is not absolute: s 6 and s 8.2 together make clear that the Order exempts relevant aircraft from many regulatory requirements, but explicitly leaves core CASR Parts in place (s 6 note). The exemption from reg 91.390 does not apply to 3‑axis aeroplanes (s 8.3).

• Conditional and revocable privileges: The rights to operate without a certificate of airworthiness or without certain civil aviation authorisations are tied to compliance with the Order’s conditions. Failure to comply removes the exemption, and CASA may set additional restrictive conditions in determinations and approvals (s 8.1, s 5.3-5.4, s 12).

Administrative duties

• Application and notice obligations: A person seeking CASA approval to operate otherwise than in accordance with Parts 9, 10 or 11 must provide proposed flight details and the condition sought to be disapplied, and give at least 28 days’ notice (s 12.2).

• Transitional continuity obligations: Existing certificates, approvals and determinations under prior CAO 95.10 instruments continue as if given under this Order, subject to their original terms (s 13.1-13.3). Bodies and persons relying on prior authorisations must ensure they are covered by the converted authorisation.

Overall, the Order creates a conditional regime of relief from specified CAR and CASR provisions for a particular class of microlight aircraft, tied to detailed eligibility, operational and equipment duties, and preserving CASA’s authority to approve, determine and impose further conditions.

The instrument itself does not create a discrete penalty schedule, fines or new criminal offences. The enforcement logic in the Order operates by conditioning statutory exemptions and by providing CASA with determinations and approval powers. The text sets out mechanisms whereby failure to meet conditions will remove entitlements and may expose persons to standard regulatory consequences under the Civil Aviation Act 1988, the CAR or CASR, though the Order does not enumerate those consequences.

Enforcement mechanisms within the Order

• Conditional exemption model: Section 8.1 states that a person who would otherwise have an obligation under an exempted provision is exempt from complying with the obligation if the person complies with the conditions in the Order. The converse is implicit: failure to comply with the conditions means the exemption does not apply and the person remains subject to the underlying obligation under CAR or CASR. The Order therefore enforces compliance indirectly by attaching the exemption to ongoing compliance.

• Contravention of CASA approvals: Section 12.4 provides a direct prohibition stating a person must not contravene an approval or any conditions of an approval granted under s 12. This creates a legal duty with respect to CASA approvals. While the Order does not specify the penalty for contravening an approval, contravention of a statutory condition or approval typically exposes the person to enforcement action under the Act and regulations that govern civil aviation authorisations; the Order itself anchors the obligation by explicit prohibition.

• CASA determinations and additional conditions: CASA may determine that an aircraft substantially complies and give permission to operate under the Order, and may impose additional conditions in those determinations (ss 5.3-5.4). Non‑compliance with those conditions would strip the aircraft of the protection afforded by the determination and expose the operator to the underlying regulatory obligations and enforcement tools.

Interaction with existing enforcement regimes

• Underlying regulatory instruments remain enforceable: The Order leaves several CASR Parts specifically outside the exemption and thus fully enforceable against relevant aircraft (s 6, note). Those Parts include Part 61 (licencing), Part 91 references, and others; contraventions of those Parts would be dealt with under the enforcement mechanisms already established in the CASR and the Civil Aviation Act. Because the Order does not remove those obligations, standard civil or administrative sanctions available under the Act and the Regulations remain applicable.

• Reliance on CASA powers: The Order was made by a CASA delegate and repeatedly gives CASA discretion to approve or determine conditions or non‑compliance (ss 5.3-5.4, 12.1-12.3). CASA’s regulatory toolkit outside this Order includes direction, suspension or cancellation of approvals and certificates, infringement notices and prosecution for statutory offences, though those enforcement tools are not detailed in the Order itself.

Practical enforcement risks and compliance monitoring

• Conditional relief requires active compliance monitoring: Because the exemption is conditional on ongoing compliance with the Order’s operational, equipment and administrative requirements (Parts 9-11), enforcement in practice will require oversight of whether pilots hold sport body pilot certificates (s 9(e)), whether the sign is displayed (s 9(b)), whether maintenance and recognised parts are used (s 9(g), s 5.1), and whether flights are conducted within prescribed airspace and height limits (Parts 10-11).

• Approvals and determinations create discrete compliance obligations: Holders of CASA approvals under s 12 and CASA determinations under s 5.3 will be required to comply with specific additional conditions. Section 12.4’s prohibition against contravening approvals makes those discrete approvals focal points for enforcement.

Limitations of the instrument as an enforcement vehicle

• No new penalty provisions: The Order does not create new monetary or specific criminal penalties. It relies on the extant regulatory framework for enforcement action once exemptions are lost or approvals contravened. The text does not, for example, prescribe immediate sanctions for failure to display the sign required by s 9(b) beyond the condition being required for the exemption to apply.

• Temporal limit: The Order is repealed at the end of 1 December 2027 (s 3). Any enforcement approach that relies on the Order’s conditional exemptions must be aware that after repeal, the pre‑existing regulatory regime will fully apply again unless replaced or extended.

In summary, enforcement under the Order functions by attaching privileges (exemptions and authorisations) to a set of conditions and by creating binding CASA approvals and determinations whose contravention is prohibited. If the conditions are not met, the statutory exemption falls away and underlying CAR and CASR obligations and remedies apply. The Order leaves enforcement substance to the general enforcement architecture of the aviation regulatory regime rather than creating a bespoke penalty framework within the Order itself.

The Order is embedded into the broader civil aviation legislative framework by express cross‑references and by its conditional exemption architecture. Understanding those interactions requires attention to the instrument’s source powers, the list of instruments left in place, and the cross‑referenced standards and manuals.

Source powers and statutory context

• Made under CAR and CASR powers: The instrument is made under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 and subregulations 5(1) and (1A) of the Civil Aviation Regulations 1988, as stated at the head of the instrument. That anchors the Order’s legal authority in the enabling regulatory architecture.

• Interaction with the Civil Aviation Act 1988: The Order repeatedly cites and interacts with provisions of the Civil Aviation Act, notably paragraph 20AA(3)(b) (authorisation to fly without a certificate of airworthiness referenced at s 6 note) and paragraph 20AB(1) (authorisation concerning duties essential to a flight referenced at s 7.1). The Order is therefore operative as a legislative instrument designed to modify the legal consequences under the Act where its conditions are met.

Cross‑references to CASR and MOS standards

• Exemptions from specified CASR and CAR parts: Section 8.2 lists the exempted provisions in CAR and CASR. The instrument removes certain regulatory obligations in those identified parts conditionally. However, s 6 clarifies that the aircraft is exempt from CASR other than Parts 1, 11, 21, 39, 61, 67, 91, 92, 99 and 149. This structure means that while the Order removes obligations in many areas, core licencing, certification and airworthiness architecture under CASR remain applicable.

• Integration with the Part 91 Manual of Standards: Definitions and equipment terms such as automatic ELT, survival ELT, SSR and transponder are given the meaning in the Part 91 MOS (s 5.1). In practical terms, the Order relies on the technical standards and operational criteria set out in the MOS rather than replicating them.

• Use of CAO 20.18: Sections 10.4 and 10.5 import requirements from CAO 20.18 for aircraft fitted with ADS‑B or SSR transponder equipment. CAO 20.18 is referenced as in force immediately before a specific legislative change in 2021, which binds the Order to the version and content of CAO 20.18 at a defined point in time. This creates a dependency on an existing CAO for equipment requirements.

Delegation of standards to sport aviation bodies and ASAOs

• Operations manual, technical manual and exposition: The Order delegates significant technical and operational standards to sport aviation bodies’ operations manuals and technical manuals, or to an ASAO’s exposition (s 5.1, definitions; s 9(f)-(g)). This does not remove all CASA oversight, but shifts detailed operational and maintenance standards into documents that CASA approves from time to time. Under the enabling Act and regulation powers, CASA retains the authority to approve those manuals and expositions, and the Order’s conditions make compliance with those manuals a precondition for the exemptions.

Conditional relationship with CASR regimes

• Flights in controlled airspace: To operate in Classes A-D or a restricted area, s 10.2 requires either a certificate of airworthiness under regulation 21.176 of CASR, or an experimental certificate under regulation 21.195A paired with an approval under 91.045 or 91.050. It also imports requirements that the aircraft be fitted with a radio for two‑way communications with ATC, that the pilot hold a Part 61 licence with the relevant category rating and a current flight review under Part 61, and that a transponder be fitted where required. These provisions demonstrate the Order’s approach of allowing exemptions in certain areas while insisting that specific CASR requirements remain in place for higher risk operations.

Notes indicating Act consequences: The Order includes statutory notes that call out the legal consequences under CASR and the Act. For example, the note to s 6 refers explicitly to regulation 200.020 of CASR and paragraph 20AA(3)(b) of the Act to explain that the aircraft is authorised to fly without a certificate of airworthiness for that purpose. The note to s 9(e) refers to regulation 200.025 of CASR and paragraph 20AB(1)(a) of the Act regarding the effect of sport aviation body pilot certificates.

Transitional continuity with prior CAOs

• Preservation of prior certificates and determinations: Part 13 preserves certificates, approvals and determinations made under previous CAO 95.10 instruments, treating them on commencement as equivalent authorisations under this Order (s 13.1-13.2). The instrument also identifies the specific earlier instruments being replaced, including FRL numbers (s 13.4). That continuity reduces regulatory friction in the short term by ensuring previously granted authorisations remain operative under this instrument.

Temporal interaction and sunset

• Time limitation: The Order has a fixed repeal date at the end of 1 December 2027 (s 3). This means its cross‑interactions with CASR and CAR are temporary. The temporary nature can create a pending regulatory discontinuity at repeal unless regulations are refreshed or transitioned again. The parties relying on the Order must therefore plan for reversion to the pre‑Order state or further legislative change.

Practical implications of the interaction design

• Delegation of compliance to sport bodies with CASA oversight: By making compliance with sport aviation body manuals the condition for exemptions, the Order effectively integrates a private governance layer into the public regulatory system. CASA approves those manuals and retains final determination and approval powers, but day‑to‑day technical standards are set by sport bodies within the envelope the Order creates.

• Selective retention of CASR safety architecture: The Order leaves key Parts in CASR intact, particularly those governing licences, airworthiness certification, and safety oversight related to controlled airspace. This creates a layered regulatory landscape where exemptions apply mainly to lower‑risk, private, single‑place microlights engaged in limited operations while CASA keeps regulatory friction for more complex or higher risk activities.

In sum, the Order modifies the interaction between private sport aviation governance and the public regulatory regime by creating conditional exemptions tied to sport aviation body manuals, while preserving the reach of several core CASR Parts and folding CASA determinations and approvals into the operational regime.

The instrument itself records a short history of this iteration and its relationship to prior CAO instruments. The 2024 Instrument is a successor to earlier CAO 95.10 instruments and contains transitional provisions addressing continuity of earlier approvals and certificates.

Key dates and formalities in this instrument

• Signature, making and commencement: The instrument is dated and signed by Steven James Campbell, Executive Manager, National Operations & Standards as a CASA delegate on 28 November 2024. It commences on 2 December 2024 (front matter and s 2).

• Repeal: It is expressly repealed at the end of 1 December 2027 (s 3). The repeal date is a fixed sunset in the instrument.

Relationship with earlier CAO 95.10 instruments

• Transitional provisions preserve prior authorisations: Part 13 provides that any certificate, approval or authorisation given under the repealed Order by a sport aviation body that was current or in force immediately before this Order’s commencement continues on commencement as if it were an equivalent certificate, approval or authorisation under this Order and subject to the same terms and conditions (s 13.1). Similarly, any approval given, or determination made, under the repealed Order by CASA that was in force immediately before commencement continues as if it were an equivalent approval or determination under this Order (s 13.2). The instrument therefore carries forward the legal effect of prior authorisations into the new regime.

• Identification of repealed Orders: Section 13.4 identifies the earlier instruments that are considered the “repealed Order” for the purposes of the transitional provisions. Those are:

  (a) Civil Aviation Order 95.10 (Exemption from provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 , microlight aeroplanes) Instrument 2020, assigned FRL number F2020L01242; and

  (b) Civil Aviation Order 95.10 (Exemptions from CAR and CASR , Microlight Aeroplanes) Instrument 2021, assigned FRL number F2021L01670.

• Continuation of continuations: Section 13.3 clarifies that a reference to a certificate, approval, authorisation or determination being current immediately before commencement includes references continued by subsection 13 of the 2021 CAO 95.10 Instrument and current immediately before this Order’s commencement (s 13.3). That indicates a chain of continuity across multiple successive instruments.

References to other instruments and prior versions

• CAO 20.18: The definition of CAO 20.18 points to Civil Aviation Order 20.18 “as in force immediately before the commencement of the Civil Aviation Legislation Amendment (Flight Operations,Consequential Amendments and Transitional Provisions) Regulations 2021” (s 5.1, CAO 20.18). This ties the Order’s references to the specific content of CAO 20.18 as it existed at that prior date, reflecting attention to the regulatory vintage of technical requirements.

No in‑instrument amendments recorded

• This instrument contains no textual amendments to earlier instruments within it; rather, it is presented as a complete instrument that supersedes prior instruments and contains transitional provisions to preserve continuity. The text does not record any intra‑instrument amendments after signature.

Practical consequences of the amendment structure

• Short sunset and recurring renewal: The Order’s repeal at the end of 1 December 2027 and its replacement of prior CAO 95.10 instruments suggest a pattern of periodic renewal or revision of the legal treatment of microlights. Parties relying on the Order should regard its effect as time limited and monitor for subsequent instruments or legislative updates.

• Continuity reduces transitional friction: The transitional provisions minimise short‑term disruption by carrying over certificates and approvals granted under previous instruments into the new legal framework, subject to the same terms and conditions (ss 13.1-13.2).

• Fixed legislative provenance: The instrument identifies the specific prior instruments and assigns FRL numbers for traceability (s 13.4). That enables regulated parties and advisers to map changes across instruments without guessing about which prior text was in force at particular times.

In short, the amendment history recorded within the instrument is a succession: prior CAO 95.10 instruments from 2020 and 2021 are succeeded by this 2024 Instrument, which preserves prior authorisations and itself has a specified repeal date in 2027.

The instrument as supplied contains no reference to litigation, court decisions or legal challenges. It does not name or cite any cases, nor does it include a legislative history that reports judicial consideration of its provisions. The Order is an administrative instrument and the text confines itself to definitions, conditions, exemptions, approvals and transitional provisions without mentioning any judicial proceedings.

What the absence of litigation references means for analysis

• No judicial interpretation recorded in the instrument: Because the Order contains no litigation history, readers must assume that no decisions construing this particular instrument are cited or integrated within the instrument itself. Any questions of legal interpretation arising from the Order would, in practice, be decided by reference to the Civil Aviation Act, CASR, CAR, and any precedent that addresses those instruments or the relevant legal concepts. The instrument does not supply any such judicial material.

• Potential for dispute but no recorded adjudication: The Order sets up a conditional exemption regime and grants CASA discretionary powers to make approvals and determinations. Those features create potential for disputes about whether a particular aircraft or flight satisfies the Order’s conditions, or whether CASA has lawfully exercised a determination or approval power. However, the instrument does not record any existing litigation arising from such disputes.

• Reliance on regulatory remedies: The instrument’s enforcement design relies on administrative approvals, determinations and the underlying regulatory enforcement architecture rather than on a litigation path set out in the Order. Where disputes arise, remedies and appeals will follow the pathways available under the Civil Aviation Act and administrative law, but the Order does not itself contain an appeal or dispute resolution mechanism.

Advice for practice where litigation risk exists

• Document compliance with conditions: Given the Order’s conditional structure, regulated parties should keep documentary evidence that they meet the Order’s definitions and operational conditions (for example, evidence that the aircraft is listed and that the sport aviation body holds the required records, copies of pilot certificates granted by the sport body, maintenance records evidencing compliance with the technical manual). These records will be material if CASA queries the applicability of the exemption or if an enforcement action ensues.

• Record CASA determinations and approvals: Where CASA has issued a determination under s 5.3 or an approval under s 12, parties should preserve those instruments and adhere to any specific conditions they contain. Section 12.4 expressly prohibits contravening an approval, which may be a focal point in any enforcement or judicial review action.

• Monitor for external case law: Although the instrument contains no litigation history itself, parties should monitor decisions under the Civil Aviation Act, CAR and CASR that might bear on concepts like “substantial compliance”, the scope of CASA’s discretion, or the legal weight of sport aviation body operations manuals once CASA has approved them. Any such decisions will be external to the instrument and must be checked in case law databases and official publications.

Concluding note: the Order contains no litigation history internally, and any operational uncertainty or legal challenge arising from its application will be resolved through existing regulatory and judicial channels outside the text of the Order.

The Order has a number of technical and operational traps for the unwary. Below are specific “gotchas” derived from the instrument text, each linked to the relevant provision, and explaining the concrete mechanism that can create non‑compliance or a loss of exemption.

Eligibility and listing nuance

• “Listed” is an administrative threshold, not merely a registry tick box: An aircraft must be “listed with a sport aviation body” as defined in s 5.1. That requires the sport body to both have an approved function of administering the aircraft and to hold a record containing the aircraft description and the identifying mark issued by the sport body. An owner who believes their aircraft is “informally” associated with a club but where the sport body lacks the described record risks falling outside the Order. The exemption only applies when the sport aviation body’s administrative records meet the definition (s 4, s 5.1).

• Privately built constraints constrain commercial builders: The “privately built” test in s 5.2 is strict. It limits builders to either single builders or joint builders up to four persons where the aircraft was built with a view to ownership by the builder(s) themselves. It also limits parts provenance to parts made by the builder unless they are “recognised standard parts”. A person who purchased a completed aircraft built by others or who has completed more than one qualifying microlight in a 12 month period as a builder will be excluded (s 5.2, s 5.5).

Weight, wing load and configuration precision

• Numerical ceilings are binding: The microlight definition imposes specific weight ceilings tied to configuration (water landing capability and parachute recovery system) and a wing loading ceiling of 30 kg/m2 (s 5.1). Small changes in equipment, fuel load, or after‑market fittings may push an aircraft outside the definition and therefore outside the Order’s regime.

3‑axis aircraft partial exclusions

• Regulation 91.390 exemption does not extend to 3‑axis aeroplanes: Section 8.3 states that the exempted provision relating to regulation 91.390 of CASR does not apply in relation to a microlight aeroplane that is a 3‑axis aeroplane. A 3‑axis aeroplane operator must therefore review regulation 91.390 separately and ensure compliance where the Order does not supply an exemption.

Ownership transfers and post‑build sale

• Owner not builder requires a sport body certificate: For privately built aircraft first listed on or after 1 March 1990 that are now owned by someone who is not the builder, s 9(a) requires a sport body certificate stating that the aircraft meets the operations/technical manual standards. A purchaser of a privately built microlight must secure that certificate before flight. Failure to do so means the exemption does not apply and the purchaser may be operating outside the permitted regime.

Signage must be visible to the pilot

• Exact placement matters: Paragraph 9(b) requires a sign “clearly displayed” in a position visible to the pilot when occupying the control seat and containing specified wording that warns that CASA and the sport body have not guaranteed airworthiness and that the pilot operates at their own risk. Failure to have the sign in a visually compliant position risks invalidating the condition underlying the exemption.

Limitations on purpose and carriage of persons or goods

• No hire or reward: Section 9(c) prohibits use for carriage of passengers or cargo for hire or reward. Operators who engage in commercial hire, sightseeing flights, or any activity that could be characterised as hire or reward cannot rely on the Order. The allowed activities are limited to personal carriage of the pilot and specified private inspection flights (s 9(d)). This constraint creates a compliance sensitivity where informal remuneration or barter might be interpreted as hire or reward.

Airspace and controlled airspace traps

• Default to Class E and G only: Section 10.1(h)(i) permits flight in Class E or G by default. Operating in Classes A-D or restricted areas requires the additional conditions in s 10.2, which include either a certificate of airworthiness under reg 21.176 or an experimental certificate under reg 21.195A plus an approval authorising flight over a populous area (s 10.2(a)). Failure to meet these additional conditions will render a flight in controlled airspace outside the Order and subject to the full suite of CASR obligations.

• Transponder and communication obligations apply: If controlled airspace requires a transponder, the aircraft must be fitted with a suitable transponder (s 10.2(e)). Radiocommunications equipment and transmissions are tightly regulated: VHF transmissions require either Part 61 authorisation or sport body authorisation in the operations manual, and transmissions in other frequencies must comply with reg 91.625 (s 10.3).

Height and proximity specifics

• 500 feet and separation distances: The Order restricts flying under 500 feet above ground level except in specific cases (s 10.1(e)). If flown below 500 feet, except during take‑off or landing, the aircraft must stay at least 100 metres horizontally from a public road, any uninvolved person, and dwellings unless permission is obtained (ss 11.1-11.3). Pilots should note the horizontal distance requirement is absolute except in the limited exceptions, and that offences could arise if distances are not maintained.

Approval timing and process

• 28 days’ notice required for CASA approvals: If an operator seeks CASA approval under s 12 to fly otherwise than in accordance with a condition in ss 9, 10 or 11, the application must be made at least 28 days before the proposed flight (s 12.2(b)). Short‑notice operations will generally not be eligible unless CASA has already provided a standing approval.

ADS‑B/SSR obligations via CAO 20.18

• CAO 20.18 references may import technical obligations: Sections 10.4 and 10.5 require a relevant aircraft fitted with ADS‑B or SSR to comply with specified subsections of CAO 20.18. Operators who fit such equipment must ensure they comply with CAO 20.18 as it is incorporated by reference; failing to satisfy CAO 20.18 requirements can remove the benefit of the Order for those flights.

Temporary nature and planning horizon

• Sunset at 1 December 2027: The Order ceases at the end of 1 December 2027 (s 3). Operators must plan for a regulatory transition or reversion at that date. Relying on the Order for long‑term investment, saleability or operational design without contingency planning for the repeal date is a strategic risk.

Recognition of sport body standards and CASA oversight

• Manuals and expositions are the operative standards: Compliance depends heavily on the sport aviation body’s operations manual and technical manual or an ASAO’s exposition (s 5.1 definitions, s 9(f)-(g)). Where those documents are vague, inconsistent, or not approved by CASA, the operator’s entitlement to the exemption is at risk. CASA can determine substantial compliance or impose additional conditions, and such determinations can carry bespoke obligations (s 5.3-5.4).

In all, the principal practical gotchas are administrative listing and recordkeeping, precise adherence to the single‑place/privately built/weight and wing‑loading definitions, ensuring sport body certification where the owner is not the builder, observance of the sign and purpose restrictions, tight compliance with airspace, height and communication rules, attention to CAO 20.18 obligations if fitting ADS‑B/SSR, and planning for the instrument’s finite life.

Compliance under the Order involves satisfying definitional eligibility, meeting the operational and equipment conditions, maintaining the required records, and engaging with CASA where necessary. The following is a concrete, step‑by‑step checklist derived from the instrument’s provisions to help operators, pilots, sport aviation bodies and maintainers comply.

Step 1 , Establish eligibility and listing (s 4, s 5.1)

• Confirm the aircraft meets the microlight aeroplane definition in s 5.1 by checking:
  • It is a privately built single‑place weight‑shift or single‑place 3‑axis aeroplane.
  • Its take‑off weight does not exceed the applicable ceiling depending on water‑landing capability and parachute recovery system (300/320/335/355 kg thresholds).
  • Its wing loading does not exceed 30 kg/m2 at take‑off weight.
• Confirm privately built status under s 5.2:
  • Verify the number of builders (≤4), owner status, that each builder was an eligible private builder at completion (s 5.5), and that the design and parts provenance meet the s 5.2(c)-(d) criteria (design by builder, approved drawings/data, or approved kit; non‑standard parts made by or under direction of builder).
• Ensure the aircraft is formally “listed” with a sport aviation body:
  • The sport body’s approved function must include administering the aircraft.
  • The sport body must hold the required record with a description of the aircraft and the identifying mark issued under its operations or technical manual (s 5.1, definition of listed).

Step 2 , Secure sport aviation body certification where required (s 9(a))

• If the aircraft was first listed on or after 1 March 1990, privately built and is owned by someone other than the builder, obtain a certificate or authorisation from the relevant sport aviation body stating the aircraft meets the requirements in its operations manual or technical manual, or an ASAO’s exposition.

Step 3 , Display and documentation (s 9(b), s 5.1 listed)

• Affix the required sign in a position clearly visible to the pilot when occupying the control seat, with the exact content required by s 9(b).
• Ensure the sport aviation body’s record for the aircraft is complete, with make, model and serial or construction number, the identity of the operator, and the identifying mark issued by the sport body.

Step 4 , Pilot and maintainer qualifications (s 9(e)-(g); s 10.3)

• Ensure the pilot in command holds a pilot certificate issued by the relevant sport aviation body in accordance with its operations manual or an ASAO’s exposition.
• Operate only within the privileges and limitations of that certificate.
• Maintain the aircraft only with personnel holding the necessary qualifications as specified in the sport aviation body’s technical manual or ASAO exposition.
• If VHF transmissions are used, confirm that the pilot or authorised person has Part 61 authorisation or sport body authorisation per s 10.3(a)(i)-(ii). For other frequencies, ensure compliance with reg 91.625 (s 10.3(b)).

Step 5 , Operate within flight and purpose limitations (Parts 9, 10, 11)

• Do not use the aircraft for hire or reward (s 9(c)). Limit use to personal carriage of the pilot or private aerial inspection of stock/fencing or farm equipment on land owned or controlled by the pilot or a close relative, with consent (s 9(d)).
• Fly in VMC only, in accordance with VFR, and during daylight hours (s 10.1(a)-(b)).
• Do not perform aerobatic manoeuvres (s 10.1(c)).
• Keep cargo securely restrained (s 10.1(d)).
• Comply with altitude and proximity requirements:
  • Do not fly below 500 feet AGL unless one of s 11.1 conditions is satisfied (take‑off or landing, over land owned or controlled by pilot, or with permission of owner/occupier) (s 10.1(e), 11.1).
  • If below 500 feet, maintain 100 metre horizontal separation from public roads, uninvolved persons, and dwellings unless authorized otherwise (ss 11.2-11.3).
  • Do not fly at or above 5 000 feet AMSL or in certain VMC criteria unless equipped with serviceable radiocomms and pilot qualified for it (s 11.4), and do not fly above 10 000 feet AMSL (s 11.5).
• For over‑water flights, ensure compliance with distance limits linked to glide capability and lifejacket/ELT/radiocomms equipment as specified in s 10.1(f).

Step 6 , Airspace and controlled airspace operations (s 10.1(h), s 10.2)

• Default operations should be in Class E or G airspace.
• If intending to operate in Classes A-D or restricted areas, satisfy s 10.2 conditions:
  • Either have a certificate of airworthiness under reg 21.176, or have an experimental certificate under reg 21.195A and an approval under regs 91.045/91.050 authorising flight over a populous area without conditions preventing the flight (s 10.2(a)(i)-(ii)(A)-(B)).
  • Ensure the aircraft has a two‑way radio capable of communication with ATC (s 10.2(b)).
  • Ensure the person holds a Part 61 pilot licence with an aircraft category rating that includes controlled airspace operations and has a valid flight review (s 10.2(c)(i)-(ii)).
  • Fit a suitable transponder if the controlled airspace requires one (s 10.2(e)).

Step 7 , Equipment and ADS‑B/SSR compliance (s 10.4-10.5)

• If the aircraft is fitted with or carries ADS‑B or SSR transponder equipment, comply with the requirements identified in subsections 9B, 9BA, 9C and 9E of CAO 20.18 through ss 10.4-10.5. Ensure the version of CAO 20.18 referenced is the one in force as described at s 5.1.

Step 8 , Applications to CASA for deviations and determinations (ss 5.3-5.4, 12.1-12.3)

• If the aircraft cannot meet the Order’s technical definition but may substantially comply, apply to CASA for a written determination under s 5.3 that the aircraft substantially complies and may be operated under this Order. Expect CASA to impose additional conditions if it grants the determination (s 5.4).
• For flights proposed to be otherwise than in accordance with the conditions in ss 9, 10 or 11, submit an application to CASA at least 28 days before the proposed flight with details of the flight and the condition sought to be disapplied. Any approval granted will specify the disapplied condition and any conditions of approval; do not contravene those terms (ss 12.2-12.4).

Step 9 , Maintain records, parts lists and conformity with sport body manuals (s 5.1 recognised standard part, s 9(f)-(g))

• Ensure the sport aviation body’s operations and technical manuals or ASAO exposition are up to date and approved by CASA, and that the aircraft and maintenance regime conform to those documents.
• Keep records of recognised standard parts lists as included in the operations or technical manual or ASAO exposition. Use only recognised standard parts where appropriate to preserve the privately built provenance.

Step 10 , Plan for sunset and transitional continuity (s 3, s 13)

• Be aware the Order expires on 1 December 2027. Plan for the regulatory position post‑expiry, whether that is reverting to pre‑Order obligations, seeking further CAO coverage, or arranging a certificate of airworthiness or other CASR compliance where needed.
• Confirm that any certificates, approvals, or determinations carried over under s 13 are current and that their terms are being met.

Operational checklist summary

• Confirm microlight technical compliance (weights, wing loading).
• Secure listing and records with sport aviation body.
• Obtain sport body pilot certificate and maintenance qualifications.
• Fit required equipment for intended flights (ELT, radios, lifejacket, transponder/ADS‑B where applicable).
• Affix the required sign and keep records of parts and maintenance.
• Adhere to VMC/daylight, airspace, height and proximity rules.
• Apply to CASA for determinations or approvals where necessary and provide at least 28 days’ notice for approval requests.
• Monitor instrument expiry and preserve continuity documents under s 13.

Following the steps above and keeping documentary proof of each step will position an operator to rely on the Order’s exemptions while remaining prepared for CASA scrutiny and for the instrument’s sunset date.