Federal Register of Legislation - Australian Government

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R63/2004 Orders/Civil Aviation as made
Replacement of section 95.8 of the Civil Aviation Orders
Administered by: Infrastructure, Regional Development and Cities
General Comments: Civil Aviation Order 95.8 - Exemption from provisions of the Civil Aviation Regulations 1988 — Hang gliders as set out in Schedule 1 of this instrument was repealed by Civil Aviation Order 95.8 Instrument 2011 on 30 March 2011.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 23 Feb 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 23 Dec 2004
Date of repeal 30 Mar 2011
Repealed by Civil Aviation Order 95.8 Instrument 2011

 

 

 

 

Civil Aviation Amendment Order

(No. R63) 2004

 

 

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.

 

 

 

[Signed Bruce Byron]

 

 

Bruce Byron

Director of Aviation Safety and

   Chief Executive Officer

 

12 December 2004

 

__________________

 

1         Name of Order

                     This Order is the Civil Aviation Amendment Order (No. R63) 2004.

2         Commencement

                     This Order commences on gazettal.

3                      Replacement of section 95.8 of the Civil Aviation Orders

                     Section 95.8 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1        Substitution of section 95.8 of the Civil Aviation Orders

 

 

SECTION 95.8

 

EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — HANG GLIDERS

1           APPLICATION

This section applies to hang gliders used solely in private operations for recreational purposes only and for flying training for the issue of a pilot certificate under this Part.

2           DEFINITIONS

In this section:

authorised person means a person included in a class of persons appointed under regulation 6 of the Regulations.

empty weight means the actual weight of the hang glider in its airborne configuration including all fittings and equipment but excluding recovery or personnel parachutes.

Federation means the Hang Gliding Federation of Australia.

hang glider means a glider, or a powered paraglider, having an empty weight not exceeding 70 kg.

HGFA Operations Manual means a manual acceptable to CASA containing the procedures and instructions necessary to ensure an acceptable level of pilot training and proficiency and the safe conduct of hang gliding operations.

Military Control Zone means a control zone administered by a military authority and so designated in Aeronautical Information Publication or by Notice to Airmen.

powered paraglider means an aircraft that:

             (a)  is launched by its pilot’s feet; and

             (b)  does not have rigid wings; and

             (c)  is powered by a power unit worn on its pilot’s back.

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

Regulations means the Civil Aviation Regulations 1988.

3           EXEMPTIONS

3.1        A person is exempt from compliance with the following provisions of the Regulations while he or she is associated with the flying of a hang glider if he or she complies with the conditions set out in subsection 4:

             (a)  Parts 3, 4, 4A, 4B, 4C, 4D, 5 and 7;

             (b)  subregulation 83 (1), (2) and (3) in respect of VHF equipment;

             (c)  Part 11 (other than regulations 140, 143, 144, 149, 150, 151, 152 and 153);

             (d)  paragraphs 166 (1) (c), (d), (f) and (g) provided that an aircraft operating in the circuit area of a certificated or registered aerodrome must, as far as practicable, make all turns in the established circuit direction;

             (e)  regulations 207 and 208;

              (f)  regulation 210 insofar as advertising of flying training to qualify for a pilot standard specified in the HGFA Operations Manual is concerned;

             (g)  regulation 230;

             (h)  regulation 252;

              (i)  regulation 322.

3A        LICENCE NOT REQUIRED

3A.1     For the purposes of paragraph 20AB (1) (b) of the Act, a person is authorised to perform a duty essential to the operation of an aircraft to which this section applies without holding a flight crew licence if he or she complies with the conditions set out in subsection 4.

3A.2     In spite of paragraph 3A.1, a person must hold a flight radiotelephone operator licence if he or she makes airborne radio transmissions on an aeronautical frequency other than a VHF frequency.

3B        HANG GLIDER NOT REQUIRED TO BE REGISTERED

3B.1     For the purposes of paragraph 20AA (1) (b) of the Act, a hang glider is not required to be registered under the Regulations when it is flown in accordance with the conditions set out in subsection 4.

4           CONDITIONS

4.1        A person shall not act as pilot in command of a hang glider unless he or she is the holder of a pilot certificate issued by the Federation or he or she is under the supervision of an instructor approved by the Federation.


4.2        A person shall not be issued with a pilot certificate unless he or she has undergone (as the case requires) the training for and met the requirements applicable to the certificate applied for as specified in the HGFA Operations Manual.

4.3        The holder of a pilot certificate is subject to the privileges and limitations specified in the HGFA Operations Manual as being appropriate to the pilot certificate held.

4.4        The Federation may suspend, cancel or otherwise vary a pilot certificate but unless the Federation has exercised such power that certificate shall remain in force for the period specified in the HGFA Operations Manual.

4.5        A person seeking renewal of a pilot certificate shall apply to the Federation and shall meet the renewal requirements applicable to that certificate as specified in the HGFA Operations Manual.

4.6        A hang glider shall be operated in accordance with the rules, regulations and directions made by the Federation for the operation of hang gliders and specified in the HGFA Operations Manual or in any other manual or document of the Federation.

4.7        A person must not fly a hang glider:

             (a)  at a height in excess of 10 000 feet above mean sea level; or

             (b)  at a height in excess of 300 feet above ground level unless a serviceable altimeter which meets the standards specified in section 103.3 of the Civil Aviation Orders and set to QNH is carried in a position so as to be easily read by the pilot at all times whilst in flight; or

             (c)  within an area designated by CASA as an area where the operation of hang gliders would constitute a hazard to other aircraft; or

             (d)  within 8 kilometres of a military aerodrome; or

             (e)  in controlled airspace:

           (i)   within 16 kilometres of a controlled aerodrome; or

          (ii)   more than 300 feet above ground level; or

             (h)  over any city, town or populous area below 1 000 feet above terrain or such a height that the hang glider could land outside the city, town or populous area, whichever is the higher, except that during the launching and landing phase of flight only the requirement to be able to land clear of a city, town or populous area shall apply; or

              (i)  except as provided for in (j) at a height lower than 100 feet within a horizontal distance of 25 metres from:

           (i)   a public road; or

          (ii)   persons other than those persons directly associated with the operation of hang gliders at the launch or landing sites; or

                        (iii)  a dwelling except with the permission of the occupier; or

              (j)  during the launching phase closer than a horizontal distance of 25 metres from persons other than those persons directly associated with the operation of hang gliders unless those other persons are behind a line passing through the launch point at right angles to the intended direction of flight; or

             (k)  at any regatta, race meeting or public gathering.

4.8        A hang glider to which this section applies shall not be flown:

             (a)  at night; or

             (b)  if the flight visibility during the flight is less than the applicable distance determined by CASA under subregulation 172 (2A) of the Regulations; or

           (ba)  if the hang glider’s vertical distance from cloud is less than the applicable vertical distance determined by CASA under subregulation 172 (2A) of the Regulations; or

           (bb)  if the hang glider’s horizontal distance from cloud is less than the applicable horizontal distance determined by CASA under subregulation 172 (2A) of the Regulations; or

             (c)  at any height within a military control zone unless the prior approval of the appropriate military authority has been obtained.

4.9        Upon the request of an authorised person the owner or operator of a hang glider to which this section applies shall furnish satisfactory evidence that the hang glider meets the weight requirements of this section.

4.10      An authorised person shall, at all reasonable times, have access to any hang glider to which this section applies for the purpose of inspecting the hang glider to determine that it meets the weight requirements of this section.

4.11      A person must not carry out acrobatic flight in a hang glider over a city, town, populous area, regatta, race meeting or meeting for public games or sports.

4.12      A person must not carry out acrobatic flight in a hang glider unless he or she has taken action to ensure that the following requirements are met:

             (a)  any loose articles are made secure in the aircraft;

             (b)  each person attached to the aircraft is secured with a correctly adjusted safety harness.

4.13      A person must not fly a hang glider unless:

             (a)  the flight is a private operation for recreational purposes; or

             (b)  the flight is for the purpose of flying training.

Note: Attention is directed to the fact that the exemption granted by this section does not confer on an operator of a hang glider to which this section applies any rights as against the owner or occupier of any land on or over which the operations are conducted, or prejudice in any way the rights and remedies which a person may have in respect of any injury to persons or damage to property caused directly or indirectly by the hang glider.