Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024 (Cth)

I, STEVEN JAMES CAMPBELL, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument 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.

[Signed S. Campbell] Steven Campbell Executive Manager, National Operations & Standards 28 November 2024 Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024

1 Name 1.1 This instrument is Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024. 1.2 This instrument may be cited as Civil Aviation Order 95.10. 1.3 A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to section 95.10 of the Civil Aviation Orders is taken to be a reference to this instrument.

2 Commencement This instrument commences on 2 December 2024.

3 Repeal This instrument is repealed at the end of 1 December 2027.

4 Application This Order applies in relation to a microlight aeroplane if it is listed with a sport aviation body (referred to in this Order as a relevant aircraft). Note See definition of listed in paragraph 5.1.

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: ASAO, certificate of airworthiness, exposition, pilot certificate, restricted area, sport aviation body, weight-shift-controlled aeroplane, VMC and VMC criteria. 5.1 In this Order, unless the contrary intention appears: 3-axis aeroplane means an aeroplane that has a conventional 3-axis flight control system. Act means the Civil Aviation Act 1988. automatic ELT has the meaning given by section 26.50 of the Part 91 MOS. 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. 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. microlight aeroplane means a privately built single-place weight‑shift‑controlled aeroplane or a privately built single-place 3-axis aeroplane that: (a) has a take-off weight (being the total weight of the aeroplane when it begins to taxi before taking off, including the weight of the pilot and of fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage) not exceeding: (i) in the case of an aeroplane that is not equipped to land on water: (A) if it has no parachute recovery system — 300 kilograms; or (B) if it has a parachute recovery system — 320 kilograms; or (ii) in the case of an aeroplane that is equipped to land on water: (A) if it has no parachute recovery system — 335 kilograms; or (B) if it has a parachute recovery system — 355 kilograms; and (b) has a wing loading not exceeding 30 kilograms per square metre at its take‑off weight. Note A microlight aeroplane is not a Part 103 aircraft. 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 91 MOS means the Part 91 Manual of Standards. privately built: see paragraph 5.2. recognised standard part, in relation to a relevant aircraft, means a part specified in a list of standard parts for such aircraft included in the relevant sport aviation's operations manual or technical manual, or if the sport aviation body is an ASAO, its exposition. 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). single-place aircraft means an aircraft that has been designed, manufactured or certificated to carry only the pilot and no other person. SSR has the meaning given by section 26.67 of the Part 91 MOS. 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 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. transponder has the meaning given by section 26.67 of the Part 91 MOS. 5.2 Subject to paragraph 5.3, for the purposes of this Order, a microlight aeroplane is privately built only if: (a) the aeroplane was built by a person, or was jointly built by not more than 4 persons, with a view to the aeroplane being owned by the person, or by 1 or more of the persons, who built it; and (b) the person who built the aeroplane was, or each of the persons who built the aeroplane was, at the time of completion of the aeroplane, an eligible private builder in relation to the aeroplane (within the meaning of paragraph 5.5); and (c) the aeroplane: (i) was designed by its builder, or by 1 or more of its builders; or (ii) was built in accordance with a set of drawings or a data package, or a set of drawings and a data package, approved, in writing, by a relevant sport aviation body; or (iii) was built from a kit approved, in writing, by a sport aviation body; and (d) except in a case to which sub-subparagraph (c)(iii) applies — the parts from which the aeroplane was built (other than any recognised standard parts) were made by, or at the direction of, the person, or 1 or more of the persons, who built the aeroplane. 5.3 CASA may determine, in writing, that a microlight aeroplane that would not otherwise comply with this Order: (a) substantially complies with specifications set out in this Order; and (b) may safely be operated in accordance with its conditions. 5.4 The operator of a microlight aeroplane, the subject of a determination under paragraph 5.3, may operate the aeroplane in accordance with this Order, subject to compliance with any additional condition that CASA mentions in that determination. 5.5 For the purposes of this Order, a person is, at the time the building of a microlight aeroplane is completed, an eligible private builder in relation to the aeroplane only if the person has not, within the preceding 12 months, whether alone or jointly with another person or other persons, completed building another microlight aeroplane that satisfies the requirements mentioned in subparagraph 5.2(c). 5.6 In this Order, a reference to a class of airspace means the volumes of airspace of that class, as determined by CASA in the Determination of Airspace and Controlled Aerodromes, Etc. (Designated Airspace Handbook) Instrument, as in force from time to time.