Section 1 - Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 - Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 | Zoe
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021
1Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021
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Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021
Note: (as amended)
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.
This compilation was prepared on 2 December 2023 taking into account amendments up to Civil Aviation Orders (CAO 95 Series) (Gyroplanes and Other Measures) Amendment Instrument 2023. It is a compilation of Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 as amended and in force on 2 December 2023.
Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.
1.1 This instrument is Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021.
1.2 This Order may be cited as Civil Aviation Order 95.12.1.
1.3 A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to section 95.12.1 of the Civil Aviation Orders is taken to be a reference to this Order.
2 Repeal
This Order is repealed at the end of 1 December 2024.
4 Application
This Order applies to the following single-place or two-place gyroplanes if they are employed in private operations and listed with a sport aviation body:
(a) an LSA gyroplane (experimental), being a light sport aircraft:
(i) to which paragraph 21.191 (j) or (k) of CASR applies; and
(ii) for which an experimental certificate is in force under regulation 21.195A of CASR, or would be in force were it not for the operation of subregulation 21.195B (4) of CASR;
(b) an LSA gyroplane (production), being a light sport aircraft:
(i) that was manufactured by a qualified manufacturer within the meaning given by regulation 21.172 of CASR; and
(ii) for which a special certificate of airworthiness is in force under regulation 21.176 of CASR, or would be in force were it not for the operation of paragraph 21.181 (4) (a) of CASR;
(c) an ASRA-compliant gyroplane, being a gyroplane with a maximum take‑off weight not exceeding 600 kg that is designed and manufactured to a standard set out in the ASRA Compliant Gyroplane Construction Standards;
(referred to in this Order as a relevant aircraft).
Note See definition of listed in paragraph 5.1.
4A References to this Order in CASA EX10/21
CASA EX10/21 – Gyroplane Flights (Williamstown Restricted Area – Brian Koppman) Exemption 2021 is to be read as if a reference in paragraph 3 (1) (b) of that instrument to “subparagraphs 7.4 (a), (d) and (e) of CAO 95.12.1” were a reference to “subparagraphs 12A.3 (b), (d) and (e) of CAO 95.12.1”.
5 Definitions
Note In this Order, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: aircraft flight manual instructions, ASAO, employed in private operations, flying training, gyroplane, light sport aircraft, maximum take-off weight, pilot certificate, private operation, registered, sport aviation body, VFR, VMC and VMC criteria.
5.1 In this Order, unless the contrary intention appears:
Act means the Civil Aviation Act 1988.
aerial mustering means the use of a relevant aircraft to locate, direct and concentrate livestock.
ASRA-compliant gyroplane: see subparagraph 4 (c).
ASRA Compliant Gyroplane Construction Standards means the document of that name, prepared by Australian Sport Rotorcraft Association Incorporated, as existing from time to time.
automatic ELT has the meaning given by section 26.50 of the Part 91 MOS.
authorised person means a person included in a class of persons appointed under regulation 6 of CAR.
CAO 20.18 means 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.
close relative, of a person, means the spouse or a parent, child or sibling of the person.
flying instructor authorisation, in relation to a relevant aircraft, means an authorisation, however described, that:
(a) is issued to a person (the holder) by the relevant sport aviation body in accordance with its operations manual; and
(b) confers privileges on the holder to conduct flying training in the aircraft.
LSA gyroplane (experimental) see subparagraph 4 (a).
LSA gyroplane (production): see subparagraph 4 (b).
listed: an aircraft is listed with a sport aviation body if:
(a) the sport aviation body’s approved function is or includes administering the aircraft; and
(b) the sport aviation body holds a record of:
(i) a description of the aircraft (by reference to its make, model and serial number or construction number) and the identity of the aircraft’s operator; and
(ii) the identifying mark issued for the aircraft by the sport aviation body in accordance with its operations manual or technical manual; and
(c) in the case of a Part 149 aircraft within the meaning of the Part 149 Manual of Standards — the aircraft is registered with an ASAO in accordance with section 14 of the Part 149 Manual of Standards.
operations manual, in relation to the relevant sport aviation body for a relevant aircraft, means the manual, approved from time to time by CASA, that contains the practices, procedures, instructions and other information by which the sport aviation body ensures the operational safety of the aircraft in accordance with the civil aviation legislation.
Order means Civil Aviation Order.
Part 61 MOS means the Part 61 Manual of Standards.
Part 91 MOS means the Part 91 Manual of Standards.
Part 103 MOS means the Part 103 Manual of Standards.
Part 138 MOS means the Part 138 Manual of Standards.
relevant aircraft means an aircraft to which this Order applies under subsection 4.
relevant sport aviation body, in relation to an aircraft, person or activity, means a sport aviation body whose approved function is or includes administering the aircraft, person or activity (whether or not the sport aviation body is an ASAO).
SAB flight permit: see subsection 5A.
single-place gyroplane means a gyroplane that has been designed, manufactured or certificated to carry only the pilot and no other person.
suitable landing area, in relation to a relevant aircraft, means an area in which such an aircraft may be landed without endangering the safety, or damaging the property, of persons unconnected with the operation of the aircraft.
survival ELT has the meaning given by section 26.51 of the Part 91 MOS.
technical manual, in relation to the relevant sport aviation body for a relevant aircraft, means the manual, approved from time to time by CASA, that contains:
(a) airworthiness, design and maintenance standards; and
(b) aeronautical practices and test procedures and processes;
by which the relevant sport aviation body ensures the technical safety of the aircraft in accordance with the civil aviation legislation.
two-place aircraft: an aircraft is a two-place aircraft if it has been designed, manufactured or certificated to carry the pilot and no more than one other person.
two-place gyroplane means a gyroplane that has been designed, manufactured or certificated to carry only the pilot and no more than one other person.
5A SAB flight permits
5A.1 In this Order:
SAB flight permit, in relation to a relevant aircraft, means an authorisation, however described, that:
(a) is issued by the relevant sport aviation body in accordance with:
(i) its operations manual or technical manual; or
(ii) if the sport aviation body is an ASAO, its exposition; and
(b) confirms:
(i) the aircraft’s compliance with the ASRA Compliant Gyroplane Construction Standards; and
(ii) the sport aviation body’s oversight of the aircraft’s operation.
5A.2 For the purposes of this Order, but without limitation, an SAB flight permit is taken to be in force for an ASRA‑compliant gyroplane, other than a gyroplane to which paragraph 5A.3 applies, if:
(a) on 1 December 2023, the aircraft is listed with a relevant sport aviation body; and
(b) the aircraft remains listed with the sport aviation body.
5A.3 This paragraph applies to a gyroplane for which a certificate of airworthiness is in force, or would be in force were it not for the operation of paragraph 21.181 (4) (a) or subregulation 21.195B (4) of CASR.
6 Authorisation to perform duty without civil aviation authority
6.1 Subject to the conditions in this Order, for the purposes of paragraph 20AB (1) (b) of the Act, a person performing a duty that is essential to the operation of a relevant aircraft during flight time is authorised to do so without a civil aviation authorisation mentioned in paragraph 20AB (1) (a).
6.2 Despite paragraph 6.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR.
7 Certain relevant aircraft authorised to fly without certificate of airworthiness
7.1 Subject to the other subsections in this Order, a relevant aircraft to which paragraph 7.2 applies is, for the purposes of regulation 200.020 of CASR (and for those purposes only), an Australian aircraft that is exempt from CASR (other than Parts 1, 11, 21, 39, 61, 67, 91, 92, 99 and 149).
Note The effect of the provision is that, under regulation 200.020 of CASR, for the purposes of paragraph 20AA (3) (b) of the Act, such aircraft are authorised to fly without a certificate of airworthiness.
7.2 This paragraph applies to an aircraft if:
(a) it is an ASRA-compliant gyroplane for which an SAB flight permit is in force; or
(b) it is an LSA gyroplane (experimental) or LSA gyroplane (production) in relation to which the special certificate of airworthiness mentioned in subparagraph 4 (a) or 4 (b) for the aircraft is not in force only because of the operation of subregulation 21.195B (4) or paragraph 21.181 (4) (a) of CASR; or
(c) it is an aircraft being evaluated in accordance with subparagraph 10.2 (a).
8 Exemptions
8.1 Subject to paragraph 8.3, a person who would, but for this subsection, have an obligation under the exempted provisions in relation to a relevant aircraft is exempt from complying with the obligation if the person complies with the conditions in this Order.
8.3 The exemption relating to regulation 91.105 of CASR is subject to the condition that, for a flight, if the aircraft flight manual instructions or the relevant sport aviation body requires the aircraft flight manual to be carried on board the aircraft, the aircraft flight manual must be so carried.
9 Conditions on special certificate of airworthiness or experimental certificate
The following conditions apply in relation to relevant aircraft other than an ASRA-compliant gyroplane:
(a) the special certificate of airworthiness, or the experimental certificate, issued for the aircraft stops having effect at the earliest of:
(i) the end of the validity period, if any, mentioned in the certificate; or
(ii) the suspension of the certificate, for the period of suspension only; or
(iii) the cancellation of the certificate; or
(iv) a modification being made to the aircraft that was not authorised by the manufacturer; or
(v) the aircraft no longer complying with LSA standards as defined by regulation 21.172 of CASR 1998;
(b) the holder must, on request by CASA or an authorised person, make the special certificate of airworthiness, or the experimental certificate, available for inspection by CASA or the authorised person;
(c) the aircraft must continue to be listed with a sport aviation body;
(d) CASA or an authorised person may suspend or cancel the special certificate of airworthiness, or the experimental certificate, if CASA or the authorised person considers it necessary to do so in the interests of aviation safety;
(e) if the special certificate of airworthiness, or the experimental certificate, stops having effect or is cancelled or suspended, the holder must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.
10 General conditions
Note CASA may, by an approval under subsection 14, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.
10.1 The following general conditions apply in relation to a relevant aircraft:
(a) there must be clearly displayed in a relevant aircraft, in a position visible to the pilot when occupying the control seat, a sign stating that:
(i) neither CASA nor the relevant sport aviation body guarantees the airworthiness of the aircraft; and
(ii) the occupants fly in the aircraft at their own risk;
(b) a relevant aircraft must not be used in aerial application operations within the meaning of regulation 137.010 of CASR;
(c) a relevant aircraft must not be used for the carriage of passengers or cargo for hire or reward;
(d) a relevant aircraft must not be used for any purpose other than:
(i) the personal carriage of the pilot; or
(ii) in the case of two-place aircraft — carriage of a second person in accordance with paragraph 10.2; or
(iii) subject to sub-subparagraph (v) — flying training to enable a person to obtain a pilot certificate, provided that the training is given by a person who holds a valid flying instructor authorisation in relation to the aircraft; or
(iv) the aerial inspection, conducted as a private operation, of livestock, fencing or farm or pastoral equipment that is located on land owned by, or under the control of, the pilot or close relative of the pilot; or
(v) aerial mustering, or flying training for aerial mustering, provided that it is in accordance with subsection 11;
(e) a person must not operate a relevant aircraft as pilot in command unless:
(i) the person holds a pilot certificate granted by the relevant sport aviation body in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and
(ii) subject to the other conditions specified in this Order, the person flies the aircraft in accordance with the privileges and limitations of the certificate;
(f) subject to the other conditions set out in this Order, a person operating a relevant aircraft must do so in accordance with the relevant sport aviation body’s operations manual or, if the sport aviation body is an ASAO, its exposition;
(g) a person maintaining a relevant aircraft must:
(i) in the case that the relevant sport aviation body is other than an ASAO — maintain the aircraft in accordance with the sport aviation body’s operations manual and technical manual; and
(ii) in the case that the relevant sport aviation body is an ASAO — hold the necessary qualification as specified in, and maintain the aircraft in accordance with, the ASAO’s exposition.
10.2 For the purposes of sub-subparagraph 10.1 (d) (ii), the pilot of a relevant aircraft may carry a second person in the aircraft:
(a) in the case of an aircraft for which neither a certificate of airworthiness nor an SAB flight permit is in force — for the purposes of evaluating the aircraft, provided that:
(i) the pilot holds a valid passenger carrying endorsement issued by the relevant sport aviation body; and
(ii) the passenger holds a valid pilot certificate or another qualification approved by a sport aviation body as suitable for evaluating the aircraft; and
(iii) the flight, or series of flights, have been approved by the Operations Manager of the sport aviation body or a chief flying instructor or technical adviser appointed by the sport aviation body in accordance with the sport aviation body’s operations manual or, if the sport aviation body is an ASAO, its exposition; or
(b) in the case of an aircraft for which:
(i) a certificate of airworthiness is in force, or would be in force were it not for the operation of paragraph 21.181 (4) (a) or subregulation 21.195B (4) of CASR; or
(ii) an SAB flight permit is in force;
for any other purpose, provided that the pilot holds a valid passenger carrying endorsement issued by the relevant sport aviation body.
11 Aerial mustering and flying training for aerial mustering
Note CASA may, by an approval under subsection 14, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.
Definitions for this subsection
11.1A In this subsection:
applicable manual, in relation to a relevant sport aviation body, means the sport aviation body’s:
(a) operations manual; or
(b) if the sport aviation body is an ASAO — exposition.
Part 61-equivalent gyroplane rating and endorsement, in relation to a pilot certificate holder, means:
(a) a gyroplane low-level rating issued by the relevant sport aviation body in accordance with requirements that are, under the sport aviation body’s applicable manual, equivalent standards to those required for such a rating if issued under Part 61 of CASRNote 1, provided that:
(i) the rating was issued within the previous 24 months; or
(ii) the pilot certificate holder has, within the previous 24 months, completed, and has been assessed as competent (by the holder of a flying instructor authorisation issued by the sport aviation body that authorises the holder to conduct the flying training) to conduct, a gyroplane low-level rating flight review, which requires, under the sport aviation body’s applicable manual, equivalent standards to those required for such a flight review if conducted under Part 61 of CASRNote 2; and
(b) an aerial mustering – gyroplane endorsement issued by the relevant sport aviation body in accordance with the requirements that are, under the sport aviation body’s applicable manual, equivalent standards to those required for such an endorsement if issued under Part 61 of CASRNote 3.
Note 1 The equivalent standards are the gyroplane low-level competency standards mentioned in Appendix Q.4 of Schedule 1, and in Schedule 2, to the Part 61 MOS.
Note 2 The equivalent standards are the flight review standards mentioned in section 14 of the Part 61 MOS.
Note 3 The equivalent standards are the aerial mustering – gyroplane competency standards mentioned in Appendix Q.7 of Schedule 1, and in Schedule 2, to the Part 61 MOS.
Part 61 gyroplane rating and endorsement, in relation to a pilot, means a flight crew licence with a gyroplane category rating with:
(a) a Part 61 gyroplane low-level rating, provided that:
(i) the rating was issued within the previous 24 months; or
(ii) the pilot has, within the previous 24 months, completed a gyroplane low-level rating flight review in accordance with section 14 of the Part 61 MOS; and
(b) a Part 61 aerial mustering – gyroplane endorsement.
Aerial mustering — requirements
11.1 A relevant aircraft must not be used for aerial mustering unless:
(a) the pilot holds:
(i) a pilot certificate issued by the relevant sport aviation body; and
(ii) either:
(A) a Part 61 gyroplane rating and endorsement (see paragraph 11.3); or
(B) a Part 61-equivalent gyroplane rating and endorsement (see paragraph 11.3); and
(b) the pilot is the owner of the aircraft; and
(c) the operation is conducted entirely over land owned or occupied by the pilot; and
(d) before the operation commences, the pilot has completed the risk assessment and mitigation processes prescribed in section 13.05 of the Part 138 MOS for a limited aerial work operator and the pilot is duly satisfied that the risks of the operation can be sufficiently mitigated for the operation to be carried out safely; and
(e) the operation is conducted as a limited aerial work operation within the meaning of the Part 138 MOS.
Flying training for aerial mustering — requirements
11.2 A relevant aircraft must not be used for flying training for aerial mustering except in accordance with the applicable manual of the relevant sport aviation body.
12 Flight conditions
Note CASA may, by an approval under subsection 14, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.
12.1 The flight conditions in paragraphs 12.1A to 12.1J apply in relation to a relevant aircraft.
12.1A A relevant aircraft must only be flown in VMC and in accordance with the VFR.
12.1B A relevant aircraft must not be flown at night.
12.1C A relevant aircraft must not conduct aerobatic manoeuvres.
12.1D Any cargo carried on board a flight by a relevant aircraft must be securely restrained.
12.1E A relevant aircraft must be flown in accordance with the flight height and separation limitations in subsection 13.
12.1F A relevant aircraft must not be flown within 5 nautical miles of a certified aerodrome unless the pilot holds a valid pilot certificate endorsed for that type of activity and flies the aircraft in accordance with the relevant sport aviation body’s operations manual or, if the sport aviation body is an ASAO, its exposition.
12.1G A relevant aircraft must not be flown above a body of water at a horizontal distance from a suitable landing area of more than:
(a) the distance that the aircraft could glide in case of engine failure; or
(b) if each person on board the aircraft is wearing a life jacket and the aircraft is equipped with a serviceable radiocommunication system and an automatic ELT or survival ELT:
(i) 25 nautical miles from a suitable landing area; or
(ii) in the case of a flight between Tasmania and mainland Australia in either direction — a longer route if taking advantage of safer weather conditions.
12.1H A relevant aircraft must not be flown over a populous area or public gathering unless:
(a) a certificate of airworthiness under regulation 21.176 of CASR is in force for the aircraft, or would be in force were it not for the operation of paragraph 21.181 (4) (a) of CASR; or
(b) subject to paragraph 12.1J, for an aircraft in relation to which either:
(i) an experimental certificate under regulation 21.195A of CASR is in force, or would be in force were it not for the operation of subregulation 21.195B (4) of CASR; or
(ii) an SAB flight permit is in force;
there is an approval in force under regulation 91.045 or 91.050 of CASR authorising the flight over the area or gathering, which approval imposes no conditions or limitations that would prevent the flight.
12.1J An approval under regulation 91.045 or 91.050 of CASR mentioned in subparagraph 12.1H (b) is not required for a flight in a relevant aircraft if:
(a) the flight is over a populous area that is not the built-up area of a city or town; or
(b) the flight is over a public gathering and the aircraft is only passing over the public gathering for the purpose of:
(i) arrival or departure from an aerodrome, in the course of normal navigation; or
(ii) transit, in the course of normal navigation.
12.1K A relevant aircraft may only be flown in:
(a) Class E or G airspace; or
(b) subject to subsection 12A — Class A, B, C or D airspace or a restricted area.
Note CASA determines classes of airspace by instrument under regulation 5 of the Airspace Regulations 2007. At the commencement of this Note, the instrument was CASA OAR 046/23 – Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2023.
12.3 Any radiocommunications equipment fitted to a relevant aircraft must not be used by a person unless:
(a) in the case of transmission in VHF frequency:
(i) the person is authorised or qualified to transmit in VHF frequency under Part 61 of CASR; or
(ii) the relevant sport aviation body has authorised the person to operate VHF radiocommunications equipment in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and
(b) in any other case — the person is authorised or qualified to transmit in the relevant frequency in accordance with regulation 91.625 of CASR.
12.4 A relevant aircraft that is fitted with, or carries, automatic dependent surveillance-broadcast equipment, must comply with the requirements relating to the equipment in subsection 9B of CAO 20.18.
12.5 A relevant aircraft that is fitted with, or carries, SSR transponder equipment, must comply with the requirements relating to the equipment in subsections 9BA, 9C and 9E of CAO 20.18.
12A Class A, B, C or D airspace and restricted areas
12A.1 For the purposes of subparagraph 12.1K (b), a person must not operate a relevant aircraft in Class A, B, C or D airspace or a restricted area unless the requirements of paragraphs 12A.2 and 12A.3 are met.
12A.2 For paragraph 12A.1, the requirements are:
(a) a certificate of airworthiness is in force under regulation 21.176 of CASR in relation to the aircraft, or would be in force were it not for the operation of paragraph 21.181 (4) (a) of CASR; or
(b) an experimental certificate under regulation 21.195A of CASR is in force in relation to the aircraft, or would be in force were it not for the operation of subregulation 21.195B (4) of CASR; or
(c) an SAB flight permit, is in force in relation to the aircraft.
12A.3 For paragraph 12A.1, the requirements are:
(a) the aircraft is fitted with a radio capable of two-way communication with air traffic control; and
(b) the person holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and
(c) the pilot has a valid flight review for the aircraft’s class rating under Part 61 of CASR; and
(d) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted — the aircraft is fitted with a transponder that is suitable for use in the airspace; and
(e) in addition, in the case of an ASRA-compliant gyroplane — the aircraft is fitted with an engine of a kind:
(i) mentioned in paragraph 6.1 of Schedule 1 to Civil Aviation Amendment Order (No. R94) 2004 (also known as section 101.55 of the Civil Aviation Orders), as in force on 31 May 2016; or
(ii) that CASA has approved as being suitable for use in a relevant aircraft of that kind; or
(iii) that is certificated to the airworthiness standards for engines mentioned in Part 32 or 33 of CASR.
13 Flight height and separation limitations
Note CASA may, by an approval under subsection 14, authorise a person to fly a relevant aircraft otherwise than in accordance with a condition in this subsection.
13.1 Subject to paragraphs 13.2 and 13.3, a relevant aircraft may be flown at a height of less than 300 feet above ground level over land owned by a person (including the Crown), only if:
(a) the aircraft is flying in the course of actually taking off or landing; or
(b) the aircraft is flying over land that is owned by, or under the control of, the pilot; or
(c) the owner or occupier (including the Crown) of the land, or an agent or employee of the owner or occupier, has given permission for the flight to take place at such a height.
13.2 Except when taking off or landing, a relevant aircraft that is flown at a height of less than 500 feet above ground level must be at a distance of at least 100 metres horizontally from:
(a) a public road (being a street, road, lane, thoroughfare or place open to, or used by, the public for passage of vehicles); or
(b) a person other than a person associated with the operation of the aircraft; or
(c) a dwelling, except with the permission of the occupier.
13.3 When taking off or landing, a relevant aircraft that is flown at a height of less than 500 feet above ground level must, during the take-off or landing, maintain a horizontal distance from a person or place referred to in paragraph 13.2 that may be less than 100 metres but is:
(a) enough to avoid endangering any person or causing damage to any property; and
(b) as far as possible from such a person or place, having regard to carrying out a safe take-off or landing.
13.4 A relevant aircraft may only be flown higher than 500 feet above ground level if the pilot holds a current gyroplane pilot certificate endorsed for that activity.
13.5 A relevant aircraft must not be flown:
(a) at a height of 5 000 feet above mean sea level or higher; or
(b) in the VMC criteria specified in item 4 of Table 2.07 (3) of the Part 91 MOS;
unless it is equipped with, or carries, serviceable radiocommunications equipment and the pilot is authorised or qualified to use it.
13.6 A relevant aircraft must not be flown at a height of 10 000 feet above mean sea level or higher.
14 Approval of flights not complying with flight conditions
14.1 CASA may, on application by a person who proposes to fly a relevant aircraft otherwise than in accordance with a condition in subsection 10, 11, 12 or 13, approve the proposed flight.
14.2 The application must:
(a) include details of the proposed flight and the flight conditions sought to be disapplied; and
(b) be made at least 28 days before the proposed flight.
14.3 The approval must specify:
(a) the condition in subsection 10, 11, 12 or 13 that is not to apply in relation to the proposed flight; and
(b) the conditions, if any, to which the approval is subject.
14.4 A person must not contravene an approval (or any conditions of an approval) granted under this subsection.
15 Transitional provisions
15.1 A certificate, approval or authorisation given under the repealed Order by a sport aviation body that was current or in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent certificate, approval or authorisation given by the sport aviation body under this Order and subject to the same terms and conditions.
15.2 An approval given, or determination made, under the repealed Order by CASA that was in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent approval given, or determination made, by CASA under this Order and subject to the same terms and conditions.
15.3 In this subsection:
repealed Order means Civil Aviation Order 95.12.1 Instrument 2011 (assigned the FRL number F2020C00335).
Note to
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021
Note: The Civil Aviation Order (in force 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 shown in this compilation comprises Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 amended as indicated in the Tables below.
Note: > Note: Table of Orders
Year and number
Date of registrationon FRL
Date ofcommencement
Application, saving ortransitional provisions
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021