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Civil Aviation Order 95.8 Instrument 2011

Authoritative Version
Orders/Civil Aviation as amended, taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 10 Feb 2015
Start Date 01 Sep 2014

Civil Aviation Order 95.8 Instrument 2011
as amended

made under subregulation 308 (1) of the Civil Aviation Regulations 1988.

This compilation was prepared on 9 February 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

Prepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

 

1          Name of instrument

                 This instrument is the Civil Aviation Order 95.8 Instrument 2011.

2          Commencement

                 This instrument commences on the day after it is registered.

3          New Civil Aviation Order 95.8

                 Civil Aviation Order 95.8 is repealed and a new Civil Aviation Order 95.8 is substituted as set out in Schedule 1.

Schedule 1          Civil Aviation Order 95.8

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — hang-gliders

1          Application

       1.1     This Order applies to any aircraft referred to in paragraph 1.2 that is only used:

(a)   in private operations for recreational purposes; or

(b)   for flying training for the issue of a pilot certificate under this Part.

       1.2     For paragraph 1.1, the aircraft is:

(a)   a framed hang-glider; or

(b)   a powered hang-glider; or

(c)   a paraglider; or

(d)   a powered paraglider.

2          Definitions

                 In this Order:

                 Act means the Civil Aviation Act 1988.

authorised person means a person included in a class of persons appointed under regulation 6 of CAR 1988.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

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

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

(b)   the capabilities of the aircraft;

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

empty weight means the actual weight of aircraft to which this Order applies in its airborne configuration including all fittings and equipment but excluding recovery or personnel parachutes.

framed hang-glider means a glider that has a maximum empty weight of less than 70 kilograms and some rigid structure.

glider has the same meaning as in CAR 1988.

HGFA means the Hang Gliding Federation of Australia Inc.

HGFA Operations Manual means a manual acceptable to CASA that is issued by the HGFA and contains 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.

Order means Civil Aviation Order.

paraglider means a glider that has an empty weight less than 70 kilograms and has a wing that is inflated and maintains its profile in flight due to the ram-air pressure of the air through which it moves.

powered hang-glider means an aircraft that would be a glider, in particular a framed hang-glider, if it did not have an engine attached.

powered paraglider means an aircraft that is a paraglider with an engine attached.

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

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

3          Exemptions under regulation 308

       3.1     Subject to paragraph 3.2, a person is exempt from compliance with Part 61 of CASR 1998 and the following provisions of CAR 1988 while he or she is associated with the flying of an aircraft to which this Order applies:

(a)   Parts 4, 4A, 4B, 4C, 4D and 7;

(b)   subregulation 83 (1) in respect of V.H.F. equipment;

(c)   Part 11 (other than regulations 143, 144, 149, 150, 151, 152, 153 and 156);

(d)   subregulation 162 (3), from the requirement that an aircraft must alter its heading to the right, when overtaking another aircraft to which this Order or CAO 95.4 applies — but only if:

             (i)  the aircraft being overtaken is engaged in ridge or hill soaring; and

            (ii)  the overtaking aircraft would not pass well clear if the aircraft being overtaken turns away from the ridge or hill; and

           (iii)  the overtaking aircraft has to turn to the left in order to pass between the ridge or hill and the other aircraft;

(e)   subregulation 163AA (2);

(f)    paragraphs 166A (2) (d), (e) and (f), provided that an aircraft operating in the circuit area of a non-controlled aerodrome must, as far as practicable, make all turns in the established circuit direction;

(g)   regulations 207 and 208;

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

(i)    regulation 230;

(j)    subregulation 243 (1), except when the glider is operating:

             (i)   in controlled airspace, unless Air Traffic Control has authorised the use of an alternative frequency; or

            (ii)   in the vicinity of an aerodrome served by a regular public transport service; or

           (iii)   in the vicinity of an aerodrome designated under regulation 166A;

(k)   regulations 252 and 258;

(l)    regulation 322.

3.2       The conditions set out in subsections 6 and 7 must be complied with by, and in relation to, such an aircraft.

4          Licence not required

       4.1     For section 20AB of the Act, a person is authorised to perform a duty essential to the operation of an aircraft 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.

       4.2     In spite of paragraph 4.1, 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.

5          Aircraft not required to be registered

                 For paragraph 20AA (1) (b) of the Act, an aircraft, to which this Order applies, is not required to be registered under CAR 1988 when it is flown in accordance with the conditions set out in subsections 6 and 7.

6          General conditions

       6.1     A person must not act as pilot in command of an aircraft to which this Order applies unless he or she is the holder of a pilot certificate issued by the HGFA or he or she is under the supervision of an instructor approved by the HGFA.

       6.2     A person must not be issued with a pilot certificate unless he or she has undergone the training for, and met the requirements applicable to, the certificate applied for as specified in the HGFA Operations Manual.

       6.3     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.

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

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

       6.6     An aircraft to which this Order applies must be operated in accordance with the rules, regulations and directions made by the HGFA for the operation of such aircraft and specified in the HGFA Operations Manual or in any other manual or document of the HGFA.

       6.7     Upon the request of an authorised person, the owner or operator of an aircraft to which this Order applies must furnish satisfactory evidence that the aircraft meets the weight requirements of this Order.

       6.8     An authorised person must, at all reasonable times, have access to any aircraft to which this Order applies for the purpose of inspecting the aircraft to determine that it meets the weight requirements of this Order.

7          Flight conditions

       7.1     Subject to paragraph 8.5, an aircraft to which this Order applies must not be flown:

(a)   at a height in excess of 10 000 feet above mean sea level unless each person in the aircraft is supplied with oxygen from a supply system approved by CASA or the HGFA; or

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

(e)   other than in V.M.C.; or

(f)    in the case of a framed hang-glider or a paraglider — over a body of water beyond gliding distance from a suitable landing area, unless the operator has a rescue water craft in the vicinity; or

(g)   in the case of a powered hang-glider or a powered paraglider, over a body of water:

             (i)   beyond gliding distance from a suitable landing area; or

            (ii)   beyond a horizontal distance of 25 nautical miles from a suitable landing area — if each occupant wears a life jacket and the aircraft is equipped with a serviceable radiocommunication system and:

(A)    an approved ELT, or an approved portable ELT, within the meaning of regulation 252A of CAR 1988; or

(B)    a personal locator beacon that has been approved by CASA for use in such an aircraft.

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

(i)    except in:

             (i)   Class G airspace; or

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

           (iii)   Class C or Class D airspace that is below 300 feet above ground level and not within 16 kilometres of a controlled aerodrome; or

           (iv)   Class C or Class D airspace to which sub‑subparagraph (iii) does not refer — if in accordance with paragraph 7.6; or

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

(j)    over any closely-settled area — below 1 000 feet above terrain, or the lowest height from which the hang-glider could land outside the closely‑settled 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 closely-settled area applies; or

(k)   during the launching or landing phase of a flight — unless the aircraft can be launched or landed without endangering the safety of persons unrelated to the launching or landing or damaging unrelated property, and no closer than the distances specified in the HGFA Operations Manual.

       7.2     An aircraft to which this Order applies must not be flown at any height within a Military Control Zone unless the prior approval of the appropriate military authority has been obtained.

       7.3     The radiotelephone equipment (if any) fitted to an aircraft must not be used by a person unless the person:

(a)   for transmission on VHF frequencies only — holds a valid certificate, issued by the HGFA in accordance with the appropriate operations manual, relating to the operation of radiotelephone equipment; or

(b)   for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

       7.4     Except with the written permission of CASA, a person must not carry out acrobatic flight in an aircraft to which this Order applies over a closely-settled area.

       7.5     A person must not carry out acrobatic flight in an aircraft to which this Order applies 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.

       7.6     An aircraft to which this Order applies may be flown in Class C or Class D airspace if the pilot:

(a)   holds a pilot licence issued under Part 61 of CASR 1998 with an aeroplane category rating that allows the holder to fly in that airspace; and

(b)   has a valid flight review for the class rating in accordance with Part 61 of CASR 1998.

8          Approval of flights not complying with flight conditions

       8.1     A person who wants to fly an aircraft 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.

       8.2     The application must:

(a)   be in writing; and

(b)   include details of the proposed flight; and

(c)   be made at least 28 days before the proposed flight.

       8.3     CASA may, in writing, approve the application.

       8.4     The 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 aircraft in the proposed flight; and

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

       8.5     If the proposed flight takes place in accordance with the approval (including any conditions specified in the approval in accordance with subparagraph 8.4 (b)), the use by the applicant of the aircraft in the flight is not subject to the flight conditions specified in the approval in accordance with subparagraph 8.4 (a).

Notes to Civil Aviation Order 95.8 Instrument 2011

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 95.8 Instrument 2011 amended as indicated in the Tables below.

Table of Orders

Year and
number

Date of registration
on FRLI

Date of
commencement

Application, saving or
transitional provisions

CAO 95.8 2011

29 March 2011
(F2011L00523)

30 March 2011 (s. 2)

 

CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

29 August 2014
(
F2014L01177)

1 September 2014 (s. 2)

Sections 3 and 31 (Table A)

 


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Heading

rs. F2014L01177

subs. 2

am. F2014L01177

subs. 3

am. F2014L01177

subs. 4

am. F2014L01177

subs. 7

am. F2014L01177

 

Table A       Application, saving or transitional provisions

 

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

 

3          Definitions

        (1)     In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

        (2)     A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31        Transitional — application of Civil Aviation Orders

                 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.