Federal Register of Legislation
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 95.12 (Exemptions from CAR and CASR — Gyroplanes Not Exceeding 250 kg) Instrument 2024
1 Name 1.1 This instrument is Civil Aviation Order 95.12 (Exemptions from CAR and CASR — Gyroplanes Not Exceeding 250 kg) Instrument 2024. 1.2 This instrument may be cited as Civil Aviation Order 95.12. 1.3 A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to section 95.12 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3 Repeal This instrument is repealed at the end of 1 December 2027.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 to a single-place gyroplane with an empty weight not exceeding 250 kg that is: (a) employed in private operations; and (b) listed with a sport aviation body; (referred to in this Order as a relevant aircraft). Note See definition of listed in subsection 5.
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: aircraft flight manual instructions, ASAO, employed in private operations, flying training, gyroplane, pilot certificate, private operation, registered, sport aviation body, VFR, VMC and VMC criteria. In this Order, unless the contrary intention appears: Act means the Civil Aviation Act 1988. aerial mustering means the use of a relevant aircraft to locate, direct and concentrate livestock. ASRA Basic Gyroplane Construction Standards means the document of that name, prepared by The Australian Sport Rotorcraft Association Incorporated, as existing from time to time. 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. empty weight, in relation to a relevant aircraft, means the weight of the aircraft including all items of fixed equipment, unusable fuel and undrainable oil, but excluding all other items of disposable load. flying instructor authorisation, in relation to a relevant aircraft, means an authorisation, however described, that: (a) is issued to a person (the holder) by the relevant sport aviation body in accordance with its operations manual; and (b) confers privileges on the holder to conduct flying training in the aircraft. 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; and (c) in the case of a Part 149 aircraft within the meaning of the Part 149 Manual of Standards — the aircraft is registered with an ASAO in accordance with section 14 of the Part 149 Manual of Standards. 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 61 MOS means the Part 61 Manual of Standards. Part 91 MOS means the Part 91 Manual of Standards. Part 138 MOS means the Part 138 Manual of Standards. 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). SAB flight permit: see subsection 5A. single-place gyroplane means a gyroplane that has been designed, manufactured or certificated to carry only the pilot and no other persons. 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 the 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.
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