7Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.

7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.

(1) An aircraft is a Part 149 aircraft if: (a) it is an aircraft to which subsection (2) applies; and (b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft. (2) This subsection applies to: (a) a sailplane; and (b) a touring motor glider that: (i) is not registered; or (ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and (c) an aircraft that is not registered and is one of the following: (i) a powered parachute; (ii) a gyroglider; (iii) a hang glider or powered hang glider; (iv) a paraglider or powered paraglider.

Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):

(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.