Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015

This Order creates a tailored regulatory pathway for very light single‑engine, single‑propeller (one‑ or two‑seat) aeroplanes registered with Recreational Aviation Australia. Qualifying aircraft are exempt from parts of the Civil Aviation Regulations 1988 but must meet RAA technical/operations standards, specific operational limits, equipment and training requirements. It shifts compliance and equipment costs to owners/operators and pilots, while CASA (and authorised persons) retain inspection, approval and enforcement discretion for exceptions or safety conditions.

This Civil Aviation Order (CAO 95.55) creates a targeted exemption regime under regulation 11.160 of CASR 1998 and subregulations 5(1) and 5(1A) of the Civil Aviation Regulations 1988 (CAR 1988), by specifying which small, single‑engine, low‑stall ultralight aeroplanes registered with the Recreational Aviation Australia Incorporated (RAA) are exempt from a defined list of provisions of CAR 1988 (s 1.1, s 1.2, s 3.1). The instrument identifies qualifying aeroplanes by a mix of design and operational characteristics: single‑place or two‑place configuration; not weight‑shift or powered parachute; single engine and single propeller; stall speed Vso not greater than 45 knots; RAA registration; and further type or construction criteria listed in subparagraphs 1.2(a)-(i) (ss 1.1-1.2).

Mechanically, once an aeroplane meets the application criteria and the Order’s conditions are complied with, it is expressly exempt from Parts 4A-4D of CAR 1988 and a set of enumerated regulations (regulation 37; reg 133, 139, 157; regs 207, 208; reg 230; subreg 242(2); regs 252 and 258; and subregs 83(1)-(2) specific to VHF equipment) (s 3.1). The Order imposes alternate constraints and operating conditions in place of the exempted requirements: flight‑height and airspace limitations; operational limitations over closely‑settled areas; maintenance and operational compliance with RAA manuals (RAA Operations Manual and RAA Technical Manual); pilot and instructor certification conditions (ss 6.1-6.2, 7.1, 8.1-8.4). For two‑place aeroplanes on flights beyond a 50‑mile radius of departure, carriage of an approved emergency locator transmitter (ELT) or an approved personal locator beacon is required unless the flight is wholly within 50 miles (s 3.2).

The Order creates specified permissions to depart from its own flight conditions subject to CASA approval on application at least 28 days in advance (ss 9.1-9.4). It also sets out conditions attaching to special certificates of airworthiness and experimental certificates for aeroplanes that rely on those certificates for exemption (s 4). The instrument is time‑limited: it commenced the day after registration and, as compiled, expires at the end of January 2018 (s 1B). It also repeals earlier versions and related provisions (s 1C).

Qualifying aircraft and registration: The Order applies only to single‑place or two‑place aeroplanes that meet technical criteria (single engine/propeller, Vso ≤ 45 knots) and are registered with the RAA (ss 1.1(a)-(d)). Subparagraph 1.2 enumerates multiple routes to qualification: compliance with design standards in Order 101.28 with MTOW caps (600 kg for non‑seaplanes, 650 kg for seaplanes); types admitted by certain provisions of the CAO R94 instrument as in force on 31 May 2016; owner‑built aircraft where the major portion was fabricated and assembled for the builder’s own education or recreation (s 1.2(a)-(f)); light sport aircraft with relevant certificates; and certain experimental certificates limited by date (s 1.2(g)-(i)). For factory‑manufactured types, the Order requires minimum useful load calculations determined by a formula tied to seat count and rated engine power (s 1.3).

Exemption mechanism: Section 3.1 lists the CAR 1988 parts and regulations from which qualifying aeroplanes are exempt, effectively substituting a tailored regulatory regime for those aircraft. The exemptions are conditional; they apply only if the conditions in the Order are complied with (s 3.1).

Operational limits and safety equipment: The Order displaces some CAR requirements but adds flight conditions and equipment obligations: maximum heights and minimum heights above ground; restrictions on flight over water relative to glide distance and life jacket/communication/ELT requirements; VMC and daylight‑only operations; restrictions on flying over closely‑settled areas and prohibition of aerobatics (ss 7.1-7.1(k), 7.1(c), 7.1(f)-(g)).

Delegated oversight and alternative compliance: The Order substitutes CASA and RAA oversight for some CAR requirements. It requires compliance with the RAA Operations Manual for operational practice and the RAA Technical Manual for maintenance and airworthiness standards (ss 6.1(d)-(e)). It also permits CASA or authorised persons to inspect and impose conditions, to suspend or cancel certificates, and to approve flights that do not conform to the Order’s flight conditions (ss 4, 6.3, 7.5, 9).

Licencing carve‑out and communicative limits: The Order authorises certain persons to perform duties essential to operation without holding a flight crew licence for the purposes of s 20AB of the Civil Aviation Act 1988, subject to the Order’s conditions (s 5.1). It retains the requirement that anyone making airborne HF radio transmissions must be authorised under CASR Part 61 or 64 (s 5.2). For controlled airspace operations, the pilot must hold a Part 61 aeroplane category rating and the aeroplane must carry two‑way radio capability and a transponder where required (s 7.3).

Operators and owners of eligible ultralight aeroplanes: The primary economic actors affected are owners and operators of single‑place or two‑place ultralight aeroplanes that meet the technical thresholds and are, crucially, registered with the RAA (ss 1.1(d), 1.2). Those owners may be private builders, commercial manufacturers, or those operating light sport aircraft with special certificates. The Order differentiates categories: owner‑built recreational projects (s 1.2(e)), factory‑manufactured aircraft meeting type‑approval and useful load criteria (s 1.2(f)), and light sport or experimental certificate holders (s 1.2(g)-(i)).

RAA as administering organisation: The RAA is a gating entity. Registration with the RAA is a precondition of the exemption (s 1.1(d)). Operational and maintenance standards are to be met in accordance with RAA‑issued manuals that are acceptable to CASA (RAA Operations Manual and RAA Technical Manual) (ss 2 definitions; 6.1(d)-(e)). Thus the RAA determines, through its manuals and processes, a large part of day‑to‑day compliance obligations for these aeroplanes.

Pilots and flight instructors: Pilots flying these aircraft must generally hold an RAA pilot certificate issued in accordance with the RAA Operations Manual when operating under the Order’s authorisation to act without a CASA flight crew licence (s 5.1; s 2 definition). For flight training the order requires the flight instructor to hold an RAA flight instructor certificate unless the aircraft was commercially manufactured and used for training, or the builder uses it for their own training subject to s 6.2 (ss 6.1(c), 6.2). For operations in controlled airspace, pilots must hold a Part 61 aeroplane category rating as well as a valid flight review (s 7.3(d)-(e)).

CASA and authorised persons: The Civil Aviation Safety Authority and authorised persons exercise supervisory and enforcement functions under the Order: inspecting certificates (s 4(b)), imposing conditions or operational limitations on inspected aircraft (s 6.3), suspending or cancelling certificates (s 4(d)), approving modifications (6.1(f)), accepting manufacturers or issuing authorities as competent (s 2 definition of competent issuing authority), authorising flights over closely‑settled areas (s 7.5), and issuing written exemptions to flight conditions (s 9).

Manufacturers and design approval authorities: For factory‑built types, the instrument interacts with type certificates, certificates of type approval, or equivalent documents issued by CASA or other NAAs (s 1.2(f)(i)-(ii)). Manufacturers who wish their product to qualify must either hold the relevant manufacturing approvals or ensure the aircraft meets the specified useful load criteria (s 1.2(f)(iii)-(iv) and s 1.3).

Duties to comply with RAA manuals and operational limitations: Owners and operators must operate in accordance with the RAA Operations Manual and maintain the aeroplane in accordance with the RAA Technical Manual (s 6.1(d)-(e)). These duties replace, for exempt aircraft, the specific CAR requirements listed in s 3.1. The manuals are also the instruments by which the RAA sets procedures, airworthiness standards and processes accepted by CASA (s 2 definitions of RAA Operations Manual and RAA Technical Manual).

Pilot and instructor certification conditions: A person must not act as pilot in command unless they hold a valid pilot certificate and operate within its privileges and limitations as required by the Order (s 6.1(b)). Flight training in RAA‑registered aircraft must generally be conducted by an RAA flight instructor certificate holder (s 6.1(c)). An owner‑builder may use an owner‑built aeroplane for personal flying training (s 6.2).

Equipment carriage and operational duties: For two‑place aircraft on flights beyond 50 miles from departure, the aeroplane must carry an approved ELT or approved portable ELT or an approved personal locator beacon (s 3.2). Radiotelephone transmissions have authorisation requirements; HF transmissions require Part 61 or 64 authorisation (s 5.2). For operations in controlled airspace, the aircraft must have two‑way radio communications and a transponder when the airspace requires it (s 7.3(c), 7.3(f)).

Modification and inspection duties: Aircraft qualifying by reference to certain subparagraphs must not be modified other than with approval by an authorised person, CASA, an approved design organisation, or the RAA following its approved processes (s 6.1(f)). Aircraft qualifying under certain subparagraphs must be inspected by an authorised person before initial flight and operated subject to any conditions or limitations the inspector imposes (s 6.1(g), 6.3).

Licence exemption and its limits: The Order authorises persons to perform duties essential to operation without holding a flight crew licence for the purposes of s 20AB of the Civil Aviation Act, provided the Order’s conditions are complied with (s 5.1). That authorisation is not absolute; certain communications and airspace operations continue to require Part 61 or 64 approvals or Part 61 licences (s 5.2, 7.3(d)).

Rights to operate under the exemption and conditional approvals: Where conditions are met, operators have the right to operate without complying with the listed CAR provisions (s 3.1). CASA may in writing approve proposed flights that deviate from the flight conditions, specifying which conditions do not apply and attaching conditions to the approval (ss 9.3-9.4). CASA and authorised persons may suspend or cancel certificates in the interest of safety (s 4(d)), and the holder must surrender the certificate on written request if it expires or is cancelled (s 4(e)).

Instrument itself and enforcement scope: The Order is an exemptions instrument; it does not set out monetary fines or express criminal penalties within its text. Enforcement mechanisms in the Order take the form of regulatory authorisations, suspensions, cancellations and conditional approvals rather than fines stated in the instrument (see s 4(d), s 4(e), s 6.3, s 7.5, s 9.3-9.4). The Order expressly conditions the applicability of exemptions on compliance with its terms; failure to comply would remove the benefit of the exemptions and thereby expose the operator to the CAR 1988 requirements that were displaced by the exemptions (s 3.1).

CASA and authorised persons’ discretionary enforcement powers: CASA or authorised persons may inspect special certificates, impose safety‑based conditions or operational limitations, suspend or cancel certificates, and require surrender of certificates upon expiry or cancellation (s 4(b)-(e)). An inspector conducting an initial inspection may also impose any conditions or operational limitations considered necessary in the interests of safety (s 6.3). CASA may authorise flights otherwise non‑compliant with flight conditions, including specifying which conditions do not apply and attaching conditions to the approval (ss 9.3-9.4).

Operational exclusion and consequence routing: Because the Order creates exemptions rather than standalone permissions, enforcement primarily operates by rescinding those exemptions when conditions are not met; rescission or cancellation returns the aircraft to the unexempted regulatory regime in CAR 1988. The instrument requires surrender of special or experimental certificates upon cancellation or expiry on written request from CASA or an authorised person (s 4(e)), providing an administrative enforcement lever.

Communications and licensing enforcement: The Order preserves communications authorisation requirements; unauthorised HF transmissions are not authorised by this Order and remain regulated under Part 61 or 64 of CASR 1998 (s 5.2). Controlled airspace operations require appropriate Part 61 licensing and transponder/radio equipment in required airspace; failure to meet those conditions would prevent operation in that airspace and could attract enforcement under CAR/CASR provisions external to this Order (s 7.3).

No express penalty schedule in the instrument: The Order contains no sections that set out penalty amounts or specific offence provisions. Enforcement therefore relies on CASA’s statutory powers under the Civil Aviation Act, CASR and CAR 1988 to impose administrative sanctions, and on the operation of the wider civil aviation regulatory framework to address breaches that fall outside the exemption regime. Users should therefore consider the potential that non‑compliance both removes the exemption and triggers whatever sanctions are available under broader aviation law and regulation.

Interaction with CAR 1988 and CASR 1998: This Order is expressly made under regulation 11.160 of CASR 1998 and subregulations 5(1) and 5(1A) of CAR 1988 (instrument preamble). Mechanically, it exempts qualifying aircraft from specific CAR 1988 Parts and regulations (s 3.1), thereby modifying the legal obligations of those aircraft within the CAR framework. Where the exemption applies, compliance obligations shift from the exempted CAR provisions to the conditions of this Order and to the RAA manuals referenced (s 6.1(d)-(e)). For communications and licensing matters, the Order defers to CASR Part 61 and Part 64 authorisations for HF transmissions and to Part 61 for pilot licensing requirements in controlled airspace (ss 5.2, 7.3(d)).

Interaction with RAA governance instruments: The Order presumes and incorporates the RAA Operations Manual and RAA Technical Manual as sources of continuing operational and maintenance standards for RAA‑registered aeroplanes (s 2 definitions; s 6.1(d)-(e)). It also recognises RAA processes for approval of modifications (s 6.1(f)(iv)). The Order therefore shifts regulatory detail to a non‑statutory organisational layer (RAA manuals) that is “acceptable to CASA”, creating a hybrid governance relationship: CASA retains overarching authority and may accept RAA processes, but the day‑to‑day standards are specified by an administering organisation.

Type certification and foreign NAA interaction: For factory‑manufactured aeroplanes the Order accepts type certificates, certificates of type approval or equivalent documents issued by CASA or another national airworthiness authority or competent issuing authority (s 1.2(f)(i)-(ii)). It also allows CASA to accept, in writing, an issuing authority as competent (definition of competent issuing authority in s 2). This creates a channel for international type approvals to be recognised in the Australian exemption regime, subject to CAS A’s acceptance.

Relationship to special certificates and LSA rules: The Order attaches conditions to special certificates of airworthiness and experimental certificates and references regulation 262APA of CAR 1988 and related CASR provisions for special light sport aircraft (s 4; notes). Where a special certificate expires, is suspended or cancelled or where an aircraft ceases to comply with LSA standards, the exemption terminates (s 4(a)(i)-(v)). The Order thus operates alongside the LSA regulatory framework, adding additional operating limitations as an overlay (s 4 note).

Temporal and repeals interaction: The Order repeals earlier CAO instruments and is itself time‑limited (s 1B, s 1C). The compilation records later amending instruments (CAO 2015 No.1 and the 2017 instrument) which have altered specific subsections (Table of Amendments). Practitioners must therefore track both the Order text and the associated CAO/CASR/CAR instruments and amendments in force at any given time.

Instruments and registrations summarised: The compilation header identifies the instrument as Civil Aviation Order 95.55 Instrument 2015, compiled on 7 December 2017 taking into account amendments up to the Civil Aviation Legislation Amendment and Repeal (Australian Technical Standard Orders) Instrument 2017 (Compilation No. 2). The Table of Orders records the original 2015 CAO 95.55 registered 27 February 2015 and commencing 28 February 2015 (s 1B). An amending instrument, CAO 95.55 2015 (No. 1), was registered 17 August 2015 and commenced 18 August 2015 (Table of Orders). The Civil Aviation Legislation Amdt & Repeal (ATSOs) Instrument 2017 was registered 30 November 2017 and commenced that day (Table of Orders).

Repeals of earlier instruments: Section 1C repeals Civil Aviation Order 95.55 Instrument 2011 and also clarifies the repeal of Civil Aviation Amendment Order (No. R82) 2004, including section 95.55 of the Civil Aviation Orders as set out in Schedule 1 of that instrument, as amended (s 1C.1-1C.2). The instrument as compiled therefore sits in a lineage of CAO instruments addressing ultralight aeroplanes.

Recorded amendments to specific subsections: The compilation includes a Table of Amendments indicating that subsection 1 was amended by the 2017 instrument (F2017L01553), subsection 6 was amended by F2015L01276, and subsection 7 was amended by both F2015L01276 and F2017L01553 (Table of Amendments). The Notes to the instrument reproduce the table and state how specific provisions have been added, amended or repealed across the instrument’s history.

Temporary expiry design: Section 1B states the instrument commences the day after registration and expires at the end of January 2018 "as if it had been repealed by another instrument." The compilation therefore records that the instrument was prepared taking amendments into account up to late 2017 but that the instrument had an explicit sunset clause. Practitioners must verify whether a later instrument replaced or extended these provisions beyond January 2018; the compilation itself does not record any extension beyond the noted expiry.

Cross‑reference to CAR and CASR amendments: The amendment entries refer to FRLI references for registering instruments (e.g. F2015L01276 and F2017L01553). The Table of Amendments identifies which subsections were changed and attributes the changes to specific amending instruments, thereby providing the statutory history required to trace textual changes to the Order’s operative provisions.

No legislative history beyond registered instruments: The compilation contains no parliamentary second reading speeches, explanatory memoranda or other legislative history texts. The Table of Orders and Table of Amendments provide the formal administrative history of the instrument, including registration and commencement dates and the specific provisions changed.

No cases or judicial decisions are recorded in the instrument compilation. The text contains no references to litigation, judicial interpretation or case law; it is an exemptions instrument setting out conditions, definitions and administrative processes (whole instrument). The compilation does not identify any proceedings in which the Order has been challenged or interpreted by a court or tribunal.

Implication for legal research: Because the instrument does not record any litigation, practitioners seeking judicial interpretation will need to search external case law databases and administrative rulings outside this instrument for decisions addressing the Order’s application, the scope of the exemptions, or constitutional or statutory challenges. The Order itself offers no guidance from courts and does not name any cases.

Administrative review avenues only reflected: The instrument creates administrative decision points,CASA approvals, suspensions, certificates and authorised person actions (ss 4, 6.3, 7.5, 9),which are the likely sources of any disputes that might proceed to judicial review or merits review. The Order does not specify remedies or review rights; those are likely to be found in the Civil Aviation Act, CASR, CAR 1988 or administrative law provisions outside the Order.

Practical note on absence of litigation record: The absence of litigation history within the compilation does not signify the absence of disputes in practice. It indicates only that the instrument text and its compilation do not record any judicial treatment. For litigation history, a practitioner must consult court and tribunal databases, CASA administrative decisions, and statutory review logs.

RAA registration is mandatory for the exemption: A core and easy‑to‑miss condition is that the aircraft must be registered with the RAA for the Order to apply (s 1.1(d)). If an operator registers an eligible aircraft elsewhere or with CASA directly, the exemption in s 3.1 will not apply. The Order thereby ties regulatory relief to a non‑statutory administering organisation, making registration choice decisive for which regulatory path applies.

Complex and multiple qualification routes tied to different obligations: Subparagraph 1.2 contains multiple, discrete routes to qualification, each carrying its own additional conditions. For example, aircraft qualifying under 1.2(a) must meet Order 101.28 design standards and MTOW limits (s 1.2(a)); aircraft qualifying under 1.2(f) must meet useful load rules calculated by formula in s 1.3 (s 1.2(f)(iv), s 1.3). Practitioners must map an aircraft to the correct subparagraph before assuming any exemption applies.

Owner‑built privilege narrow and conditional: Owner‑builders are permitted to use their aircraft for personal flying training (s 6.2). That is narrower than a general training privilege and does not extend to conducting commercial flight training unless the aeroplane was wholly built and assembled by a commercial manufacturer (contrast s 6.1(a)(ii) with s 6.2). The distinction between personal training and providing training as a business depends on the aircraft’s origin and the RAA/commercial manufacturer status.

Modification approvals can come from multiple authorities but must be documented: Subparagraph 6.1(f) limits modifications for aircraft qualifying under certain subparagraphs; modifications require the approval of an authorised person under CAR 1988 subreg 35(1), CASA under CASR reg 21.435, an authorised person or approved design organisation under reg 21.437, or the RAA under its Technical Manual processes (s 6.1(f)(i)-(iv)). Absent appropriate approval, a modification risks loss of exemption.

ELT/PLB and over‑water distances: The two‑place ELT/personal locator beacon rule in s 3.2 is triggered for flights beyond a 50‑mile radius except where flights are wholly within 50 miles. It is also subject to the note explaining that regulation 252A does not apply to single‑seat aircraft (s 3.2 note). For two‑place flights beyond the 50‑mile threshold, operators must carry approved ELT or PLB equipment, or be confined to shorter flights.

Height and horizontal distance rules require planning and permissions: Subsections 7.1(b), 8.1-8.3 impose strict height minima (500 feet general minimum, other exceptions) and horizontal distance minima (100 metres from public roads, persons, dwellings when below 500 feet). Permissions to fly lower require ownership/control of land or occupier permission (s 8.1(b)-(c)). Low‑flying training requires written permissions and approved flight training areas (s 8.1(d)).

Confirm eligibility first: Step one is to map the aeroplane precisely to the subparagraph in s 1.2. Verify it is single‑place or two‑place, not weight‑shift or powered parachute, has single engine and propeller, has Vso ≤ 45 knots as determined by design standards or certification (s 1.1(a)-(c)), and is registered with the RAA (s 1.1(d)). For factory‑manufactured types, calculate the minimum useful load per s 1.3 and confirm MTOW limits in s 1.2(a) or (f)(iii).

Register with RAA and align manuals: Ensure RAA registration (s 1.1(d)) and obtain the current RAA Operations Manual and RAA Technical Manual that are acceptable to CASA (s 2 definitions). Implement operational procedures in line with the RAA Operations Manual (s 6.1(d)) and maintenance systems in accordance with the RAA Technical Manual (s 6.1(e)). Document acceptance by CASA where required, and ensure any RAA‑issued approvals for modifications are recorded as per the RAA Technical Manual processes (s 6.1(f)(iv)).

Meet pilot and instructor certification requirements: Ensure pilots hold the appropriate RAA pilot certificate where operating under the Order (s 6.1(b)). For flying training, ensure the instructor holds an RAA flight instructor certificate unless the aircraft was wholly manufactured for commercial training or the owner‑builder is using the aeroplane for their own training as permitted (s 6.1(c), s 6.2). For planned flights into controlled airspace, ensure the pilot holds a Part 61 aeroplane category rating and a valid flight review (s 7.3(d)-(e)).

Equip appropriately for range and airspace: For two‑place flights beyond 50 nautical miles from departure ensure carriage of an approved ELT, approved portable ELT, or CASA‑approved personal locator beacon (s 3.2). Fit radios capable of two‑way ATC communication and transponders where required for operating in controlled airspace (s 7.3(c), 7.3(f)). For flights at 5 000 feet or higher fit serviceable radiotelephone equipment and ensure the pilot is qualified to use it (s 8.4).

Observe flight conditions and safety distances: Plan operations to comply with the minimum heights and airspace restrictions: general floor of 500 feet above ground level except as allowed in s 8.1; do not fly inside areas designated as hazards for these aircraft (s 7.1(b), 7.1(e)). Maintain at least 100 metres horizontal distance from public roads, uninvolved persons, and dwellings when below 500 feet except during take‑off or landing when distances must be sufficient to avoid danger and minimised as far as safely possible (ss 8.2-8.3).

Manage modifications and inspections: Seek and record approvals for any modifications in accordance with s 6.1(f). For aircraft qualifying under subparagraphs 1.2(a), (e) or (h), obtain an initial inspection from a person authorised by CASA before first flight and comply with any inspector‑imposed conditions or limitations (s 6.1(g), 6.3). Retain inspection records and be prepared to make certificates available to CASA or authorised persons on request (s 4(b)).

Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015
as amended

made under regulation 11.160 of the Civil Aviation Safety Regulations 1998, subregulations 5 (1) and 5 (1A) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

This compilation was prepared on 7 December 2017 taking into account amendments up to Civil Aviation Legislation Amendment and Repeal (Australian Technical Standard Orders) Instrument 2017. It is a compilation of Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015 as amended and in force on 30 November 2017.

Prepared by the Legal Advisory, Drafting and Contracts Section, Legal Affairs, Regulatory Policy & International Strategy Branch, Civil Aviation Safety Authority, Canberra.

Compilation No. 2.

1A Name of instrument

1A.1 This instrument is the Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015.

1A.2 This instrument may be cited as Civil Aviation Order 95.55.

1A.3 A reference in an instrument to section 95.55 of the Civil Aviation Orders is taken to be a reference to this instrument.

1B Duration

This instrument commences on the day after registration and expires at the end of January 2018, as if it had been repealed by another instrument.

1C Repeal

1C.1 Civil Aviation Order 95.55 Instrument 2011 is repealed.

1C.2 To avoid doubt, Civil Aviation Amendment Order (No. R82) 2004, also known by its FRLI reference F2005B00925, including section 95.55 of the Civil Aviation Orders as set out in Schedule 1 of that instrument, as amended, is repealed.

1 Application

1.1This Order applies to a single-place or 2-place aeroplane that:

(a) is not a weight shift controlled aeroplane or a powered parachute; and

(b) has a single engine and a single propeller; and

(c) has a Vso stall speed of not greater than 45 knots, as determined by design standards or certification requirements; and

(d) is registered with the RAA; and

(e) is mentioned in paragraph 1.2.

1.2For subparagraph 1.1 (e), an aeroplane must be 1 of the following:

(a) an aeroplane to which Order 101.28 applies that complies with the design standards specified in that Order, with a maximum take-off weight not exceeding:

(i) in the case of an aeroplane not equipped to land on water — 600 kg; or

(ii) in the case of an aeroplane equipped to land on water — 650 kg;

(b) an aeroplane mentioned in paragraph 1.1 of Schedule 1 to the 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;

(c) an aeroplane mentioned in paragraph 1.2 of, and that meets the design standards in, Schedule 1 to the 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;

(d) an old section 95.25 aeroplane that has not been modified other than with the approval of 1 of the following:

(i) an authorised person for subregulation 35 (1) of CAR 1988;

(ii) CASA under regulation 21.435 of CASR 1998;

(iii) an authorised person or approved design organisation under regulation 21.437 of CASR 1998;

(iv) the RAA in accordance with a process for the approval of modifications set out in the RAA Technical Manual;

(e) an aeroplane, the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation, that has a maximum take-off weight not exceeding:

(i) in the case of an aeroplane not equipped to land on water — 600 kg; or

(ii) in the case of an aeroplane equipped to land on water — 650 kg;

(f) an aeroplane:

(i) of a type for which a type certificate, a certificate of type approval or an equivalent document has been issued by CASA, another national airworthiness authority (NAA) or a competent issuing authority; and

(ii) that has been manufactured for sale by the holder of a certificate, or an equivalent document, permitting the manufacture of aeroplanes of that type and issued by CASA or another NAA or a competent issuing authority; and

(iii) that has a maximum take-off weight not exceeding:

(A) in the case of an aeroplane not equipped to land on water — 600 kg; or

(B) in the case of an aeroplane equipped to land on water — 650 kg; and

(iv) that has a payload that is equal to, or exceeds, the minimum useful load for that aeroplane determined in accordance with paragraph 1.3;

(g) a light sport aircraft:

(i) manufactured by a qualified manufacturer as defined by regulation 21.172 of CASR 1998; and

(ii) for which there is a current special certificate of airworthiness;

(h) a light sport aircraft:

(i) to which paragraph 21.191 (j) or (k) of CASR 1998 applies; and

(ii) for which there is a current experimental certificate;

(i) before the end of August 2017, an aeroplane for which there is a current experimental certificate for a purpose mentioned in paragraph 21.191 (a) or (b) of CASR 1998.

1.3For the purposes of sub-subparagraph 1.2 (f) (iv), the minimum useful load for an aeroplane is:

(a) if the aeroplane’s engine power is rated in kilowatts — the amount in kilograms worked out in accordance with the formula:

(80 x S) + 0.3P; or

(b) if the aeroplane’s engine power is rated in brake horse power — the amount in pounds worked out in accordance with the formula:

(175 x S) + 0.5P

where:

S is the number of seats in the aeroplane; and

P is the aeroplane’s rated engine power.

2 Definitions

In this Order:

Act means the Civil Aviation Act 1988.

aerial application operation has the same meaning as in regulation 137.010 of CASR 1998.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

closely-settled area, in relation to an aeroplane, means an area in which, because of:

(a) man-made obstructions such as buildings and vehicles; and

(b) the characteristics of the aeroplane;

the aeroplane could not be landed without endangering the safety of persons unconnected with the aeroplane or damaging property in the area.

competent issuing authority means any authority or body in a Contracting State that:

(a) has been authorised by the NAA of that State to issue design approvals or manufacturing approvals, whichever is applicable, for the aeroplane; and

(b) CASA, if it was not the authorising NAA, has accepted in writing as competent to issue design approvals or manufacturing approvals for the aeroplane.

ELT means emergency locator transmitter.

flight instructor certificate means a flight instructor certificate issued by the RAA in accordance with the RAA Operations Manual.

old section 95.25 aeroplane means an aeroplane to which section 95.25 of the Orders, as in force immediately before 28 February 1990, applies.

Order means Civil Aviation Order.

pilot certificate means a pilot certificate issued by the RAA in accordance with the RAA Operations Manual.

public road means a street, road, lane, thoroughfare or place open to, or used by, the public for passage of vehicles.

RAA means Recreational Aviation Australia Incorporated.

RAA Operations Manual means a manual acceptable to CASA that is issued by the RAA and contains the procedures and instructions necessary to ensure the safe operation of aeroplanes registered with the RAA.

RAA Technical Manual means a manual acceptable to CASA that is issued by the RAA and contains:

(a) airworthiness, design and maintenance standards; and

(b) aeronautical practices, test procedures and processes;

in respect of aeroplanes registered with the RAA.

suitable landing area means an area in which an aeroplane, to which this Order applies, can be landed without endangering the safety, or damaging the property, of persons unconnected with the aeroplane.

stall speed Vso is the stalling speed, or minimum steady flight speed, at which the aeroplane is controllable with:

(a) wing flaps in the landing position; and

(b) landing gear extended; and

(d) centre of gravity in the most forward position; and

(e) maximum take-off weight.

Note Definitions of some expressions used in this Order can be found in regulation 2 of CAR 1988 or the Dictionary for CASR 1998 (as provided for by subregulation 5 (2) of CAR 1988). Expressions defined in regulation 2 of CAR 1988 include (for example) agricultural operations and certificate of approval.

3 Exemptions under regulation 11.160

3.1If the conditions set out in this Order are complied with, in relation to an aeroplane to which this Order applies, the aeroplane is exempt from compliance with the following provisions of CAR 1988:

(a) Parts 4A, 4B, 4C and 4D;

(b) regulation 37;

(d) regulations 133, 139 and 157;

(e) regulations 207 and 208;

(f) regulation 230;

(g) subregulation 242 (2);

(h) regulation 252;

(i) regulation 258.

3.2Except in the case of a flight that is to take place wholly within a radius of 50 miles from its departure point, a 2-place aeroplane to which this Order applies may be flown only if it carries:

(a) an approved ELT, or an approved portable ELT, as defined in regulation 252A of CAR 1988; or

(b) a personal locator beacon that has been approved by CASA for use with such an aeroplane.

Note Regulation 252A of CAR 1988 does not apply to single-seat aircraft (see subregulation 252A (7) of CAR 1988).

4 Conditions on special certificate of airworthiness or experimental certificate

The exemptions given by subsection 3, to an aeroplane to which subparagraph 1.2 (g) or (h) applies, are subject to the following conditions:

(a) the special certificate of airworthiness, or experimental certificate, issued for the aeroplane expires at the earliest of:

(i) the end of the validity period, if any, mentioned in the certificate; or

(ii) suspension of the certificate; or

(iii) cancellation of the certificate; or

(iv) a modification being made to the aeroplane that was not authorised by the manufacturer; or

(v) the aeroplane 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 experimental certificate, available for inspection by CASA or the authorised person;

(d) CASA or an authorised person may suspend or cancel the special certificate of airworthiness, or experimental certificate, if CASA or the authorised person considers it necessary to do so in the interest of aviation safety;

(e) if the special certificate of airworthiness, or experimental certificate, expires 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.

Note Regulation 262APA of CAR 1988 applies to special light sport aircraft. The conditions in this subsection form an additional operating limitation under subregulation 262APA (4) of CAR 1988.

5 Licence not required

5.1For section 20AB of the Act, a person is authorised to perform a duty essential to the operation of an aeroplane to which this Order applies, without holding a flight crew licence if he or she complies with the conditions set out in subsections 6 and 7.

5.2In spite of paragraph 5.1, 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 1998.

6 General conditions

6.1The exemptions given by subsection 3, in relation to an aeroplane to which this Order applies, are subject to the following general conditions:

(a) the aeroplane must not be used for any purpose other than:

(i) private operations, including glider towing but not aerial application operations; or

(ii) if the aeroplane has been wholly built and assembled by a commercial manufacturer — flying training to enable a person to obtain a pilot certificate;

(b) the aeroplane must not be operated by a person as pilot in command unless the person holds a valid pilot certificate and, subject to the other conditions set out in this Order, operates the aeroplane in accordance with the privileges and limitations of that certificate;

(c) subject to paragraph 6.2, if the aeroplane is being used for flying training, the person conducting the training must hold a valid flight instructor certificate;

(d) subject to the other conditions set out in this Order, the aeroplane must be operated in accordance with the requirements of the RAA Operations Manual;

(e) the aeroplane must be maintained in accordance with the maintenance standards set out in the RAA Technical Manual;

(f) in the case of an aeroplane to which this Order applies by virtue of subparagraph 1.2 (b), (c) or (f) — the aeroplane must not have been modified other than with the approval of 1 of the following:

(i) an authorised person for subregulation 35 (1) of CAR 1988;

(ii) CASA under regulation 21.435 of CASR 1998;

(iii) an authorised person or approved design organisation under regulation 21.437 of CASR 1998;

(iv) the RAA in accordance with a process for the approval of modifications set out in the RAA Technical Manual.

(g) in the case of an aeroplane to which this Order applies by virtue of subparagraph 1.2 (a), (e) or (h) — the aeroplane must:

(i) before its initial flight, have been inspected by a person authorised by CASA for that purpose; and

(ii) if any condition or limitation has been imposed under paragraph 6.3 — be operated subject to that condition or limitation.

6.2In spite of sub-subparagraph 6.1 (a) (ii), if a person has wholly built or assembled an aeroplane to which this Order applies, or a group of persons has wholly built or assembled such an aeroplane, then that person, or each of those persons, may use the aeroplane for their personal flying training.

6.3A person who inspects an aeroplane under subparagraph 6.1 (g) may impose any conditions or operational limitations in respect of the operation of the aeroplane that he or she considers necessary in the interests of the safety of other airspace users and persons on the ground or water.

7 Flight conditions

7.1Subject to paragraphs 7.2 and 9.5, the exemptions given by subsection 3 in relation to an aeroplane, to which this Order applies, are further subject to the following flight conditions:

(a) the aeroplane may be flown 5 000 feet above mean sea level or higher only in accordance with paragraph 8.4;

(b) the aeroplane must not be flown at a height of less than 500 feet above ground level unless 1 of the conditions set out in paragraph 8.1 is complied with;

(c) subject to paragraph 7.2, the aeroplane must not be flown over a body of water at a horizontal distance from a suitable landing area of more than:

(i) the distance (not greater than 25 nautical miles) that the aeroplane can glide in case of engine failure; or

(ii) 25 nautical miles — if each occupant is wearing a life jacket and the aircraft carries a serviceable radiocommunication system and the equipment referred to in subparagraph 3.2 (a) or (b);

(d) the aeroplane must only be flown in:

(i) Class G airspace; or

(ii) Class E airspace in V.M.C.; or

(iii) in accordance with paragraph 7.3 — in Class A, B, C or D airspace;

Note Classes of airspace are defined in the Australian Airspace Policy Statement.

(e) the aeroplane must not be flown inside an area designated as an area where the operation of an aeroplane, to which this Order applies, would constitute a hazard to other aircraft;

(f) the aeroplane must only be flown in V.M.C.;

(g) the aeroplane must only be flown during daylight hours;

(h) in the case of an aeroplane to which this Order applies by virtue of subparagraph 1.2 (b), (c), (f) or (g) — the aeroplane must not be flown over a closely‑settled area at a height:

(i) from which it cannot glide clear of the closely-settled area to a suitable landing area; and

(ii) that is lower than 1 000 feet above ground level;

(i) in the case of an aeroplane to which this Order applies by virtue of subparagraph 1.2 (a), (e) or (h) — the aeroplane must not be flown over a closely‑settled area except as authorised under paragraph 7.5;

(j) the aeroplane must not be flown in acrobatic flight;

(k) in the case of an aeroplane to which this Order applies by virtue of subparagraph 1.2 (a), (e) or (h) and that is registered with the RAA after 1 October 1998 — the aeroplane must not be flown outside an area defined for the purposes of this subparagraph by CASA, or a person authorised by CASA for that purpose, or carry any person other than the pilot, unless CASA or the authorised person is satisfied that the aeroplane:

(i) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and

(ii) has no hazardous operating characteristics or design features;

(l) the radiotelephone equipment (if any) fitted to an aeroplane must not be used by a person unless the person:

(i) for transmissions on VHF frequencies only — holds a valid certificate, issued by the RAA in accordance with the RAA Operations Manual, relating to the operation of radiotelephone equipment; or

(ii) for all transmissions, but subject to paragraph 5.2 — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

7.2In spite of the limit of 25 nautical miles mentioned in subparagraph 7.1 (c), an aeroplane to which that limit would otherwise apply may be flown between Tasmania and mainland Australia, in either direction, by a longer route if taking advantage of safer weather conditions.

7.3An aeroplane, to which this Order applies, may be flown in Class A, B, C or D airspace only if all of the following conditions are complied with:

(a) the aeroplane is:

(i) certificated to the design standards mentioned in Schedule 1 to the 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) meets the criteria specified in paragraph 21.024 (1) (a) or 21.026 (1) (a) or regulation 21.186 of CASR 1998; or

(iii) approved under regulation 262AP of CAR 1988 in relation to flights over closely-settled areas;

(b) the aeroplane is fitted with an engine of a kind:

(i) mentioned in paragraph 6.1 of Schedule 1 to the 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 an aircraft to which this Order applies;

(ba) the aeroplane is not subject to any conditions that would prevent the flight;

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

(f) the controlled airspace in which the aeroplane is operating requires a transponder to be fitted — the aeroplane is fitted with a transponder suitable for use in the airspace.

Note Operations in Class A airspace in V.F.R. are only possible in accordance with a permission issued by CASA under regulation 99AA of CAR 1988.

7.4An aeroplane to which this Order applies may be used to tow another aircraft only if:

(a) the pilot in command is authorised to do so by his or her relevant administering organisation in accordance with a procedure approved by CASA; and

(b) both aircraft are operated in accordance with limitations in their flight manuals, or equivalent instructions or directions, whether in the form of a placard or some other document; and

(i) certified as suitable for that purpose; or

(ii) is mentioned in a Civil Aviation Advisory Publication for this Order or regulation 149 of CAR 1988; or

(iii) is accepted by CASA in writing as suitable for that purpose.

7.5CASA, or an authorised person for subregulation 262AP (5) of CAR 1988, may authorise an aeroplane referred to in subparagraph 7.1 (i) to be operated over a closely‑settled area subject to the conditions and limitations that CASA or the authorised person considers necessary in the interests of the safety of other airspace users or of persons on the ground or water.

Note Operations in Class A airspace under the V.F.R. require permission from CASA under regulation 99AA of CAR 1988.

8 Provisions relating to flight height limitations

8.1An aeroplane, to which this Order applies, may be flown at a height of less than 500 feet above ground level if:

(a) the aeroplane is flying in the course of actually taking off or landing; or

(b) the aeroplane 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; or

(d) the pilot of the aeroplane is engaged in flight training, being low-flying flight training:

(i) over a flight training area approved in writing by the operator conducting the training as suitable for low-flying activity; and

(ii) the low-flying activity is conducted with the written permission of a person referred to in subparagraph (c).

8.2Except when taking off or landing, an aeroplane, to which this Order applies, that is flown at a height lower than 500 feet above ground level must be at a distance of at least 100 metres horizontally from:

(a) a public road; or

(b) a person, other than a person associated with the operation of the aeroplane; or

8.3When taking off, or landing, an aeroplane to which this Order applies 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 place or person referred to in subparagraph 8.2 (a), (b) or (c) 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 place or person, having regard to carrying out a safe take-off or landing.

8.4An aeroplane, to which this Order applies, may only be flown at a height of 5 000 feet above mean sea level or higher if it is equipped with serviceable radiotelephone equipment and the pilot is qualified to use it.

8.5An aeroplane, to which this Order applies, may only be flown at a height of 10 000 feet above mean sea level or higher in accordance with an approval issued under paragraph 9.3.

9 Approval of flights not complying with flight conditions

9.1A person who wants to fly an aeroplane, to which this Order applies, otherwise than in accordance with the flight conditions set out in paragraph 7.1, may apply to CASA for approval of the flight.

9.2The application must:

(a) be in writing; and

(b) include details of the proposed flight; and

9.3CASA may, in writing, approve the application.

9.4The approval:

(a) must specify which of the flight conditions set out in paragraph 7.1 do not apply to the use, by the applicant, of the aeroplane in the proposed flight; and

(b) may specify conditions to be complied with in relation to the proposed flight.

9.5If the proposed flight takes place in accordance with the approval (including any conditions specified in the approval in accordance with subparagraph 9.4 (b)), the use by the applicant of the aeroplane in the flight is not subject to the flight conditions specified in the approval in accordance with subparagraph 9.4 (a).

Notes to

Note: Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988

Note: — certain ultralight aeroplanes) Instrument 2015

Note 1

Note: The Civil Aviation Order (in force under the Civil Aviation Safety Regulations 1998, subregulations 5 (1) and 5 (1A) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901) as shown in this compilation comprises Civil Aviation Order 95.55

Note: (Exemption from the provisions of the Civil Aviation Regulations 1988

Note: — certain ultralight aeroplanes)

Instrument 2015 amended as indicated in the Tables below.

Note: > Note: Table of Orders

Year andnumber	Date of registrationon FRLI	Date ofcommencement	Application, saving ortransitional provisions
CAO 95.55 Instrument 2015	27 February 2015(F2015L00228)	28 February 2015 (s. 1B)	—
CAO 95.55 2015 (No. 1)	17 August 2015(F2015L01276)	18 August 2015 (s. 2)	—
Civil Aviation Legislation Amdt & Repeal (ATSOs) Instrument 2017	FRL 30 November 2017(F2017L01553)	30 November 2017 (s. 2)	—

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="width:415.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span class="CharENotesHeading" style="font-size:10pt; font-weight:bold">Table of Amendments</span></p><p class="TableOfAmendHead" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:132.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>Provision affected</span></p></td><td style="width:271.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:132.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>subs. </span><span>1</span></p></td><td style="width:271.95pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:6pt; margin-right:0pt; margin-bottom:6pt"><span>am.</span><span> </span><span>F2017L01553</span></p></td></tr><tr><td style="width:132.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:0pt; margin-right:0pt; margin-bottom:6pt"><span>subs. 6</span></p></td><td style="width:271.95pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-top:0pt; margin-right:0pt; margin-bottom:6pt"><span style="font-size:9pt">am. </span><span style="font-size:9pt">F2015L01276</span></p></td></tr><tr><td style="width:132.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:0pt; margin-right:0pt; margin-bottom:6pt"><span>subs. 7</span></p></td><td style="width:271.95pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:0pt; margin-right:0pt; margin-bottom:6pt"><span>am. </span><span>F2015L01276</span><span>, </span><span>F2017L01553</span></p></td></tr></tbody></table>

1 Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015