I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988. [Signed Bruce Byron] Bruce Byron Director of Aviation Safety and     Chief Executive Officer 3 January 2006 Civil Aviation Order 95.32 Amendment Order (No. 1) 2006
1          Name of instrument             This instrument is the Civil Aviation Order 95.32 Amendment Order (No. 1) 2005. 2          Commencement             This instrument commences on the day after it is registered. 3          Amendment of Civil Aviation Order 95.32              Schedule 1 amends Civil Aviation Order 95.32. Schedule 1          Amendment [1]       After subparagraph 1.1 (a) insert (aa)  paragraphs 1.2 and 1.3 do not apply to the aeroplane; [2]       After paragraph 1.1 insert    1.2     This section also applies to a single place or 2 place aeroplane if the following conditions are satisfied: (a)   the aeroplane is a weight-shift controlled aeroplane or a powered parachute; (b)   paragraphs 1.1 and 1.3 do not apply to the aeroplane; (c)   the aeroplane is a light sport aircraft manufactured by a qualified manufacturer as defined in regulation 21.172 of CASR 1998; (d)   for a weight-shift controlled aeroplane — the aeroplane is registered with the RAA or HGFA; (e)   for a powered parachute — the aeroplane is registered with the RAA; (f)    the aeroplane owner holds a current special certificate of airworthiness for the aeroplane.    1.3     This section also applies to a single place or 2 place aeroplane if the following conditions are satisfied: (a)   the aeroplane is a weight-shift controlled aeroplane or a powered parachute; (b)   paragraphs 1.1 and 1.2 do not apply to the aeroplane; (c)   the aeroplane is a light sport aircraft to which paragraph 21.191 (j) or (k) of CASR 1998 applies; (d)   for a weight-shift controlled aeroplane — the aeroplane is registered with the RAA or the HGFA; (e)   for a powered parachute — the aeroplane is registered with the RAA; (f)    the aeroplane owner holds a current experimental certificate for the aeroplane. [3]       Paragraph 2.1, before definition of appropriate flight instructor certificate insert CASR 1998 means the Civil Aviation Safety Regulations 1998. [4]       After subsection 3 insert 3AA     Conditions on special certificate of airworthiness 3AA.1  The exemption given by subsection 3 for an aeroplane to which paragraph 1.2 applies is subject to the following conditions: (a)   the special certificate of airworthiness issued for the aeroplane stops having effect at the earliest of:              (i)  the end of the validity period, if any, mentioned in the certificate; or             (ii)  suspension of the certificate; or (iii)   cancellation of the certificate; or            (iv)  a modification being made to the aeroplane that was not authorised by the manufacturer; or             (v)  the aeroplane no longer complying with LSA standards as defined by regulation 21.172 of CASR 1998; (b)   the holder must, on request by CASA or an authorised person, make the special certificate of airworthiness available for inspection by CASA or the authorised person; (c)   the aeroplane must continue to be registered in Australia; (d)   CASA or an authorised person may suspend or cancel the special certificate of airworthiness if CASA or the authorised person considers it necessary to do so in the interest of aviation safety; (e)   if the special certificate of airworthiness stops having effect, or is cancelled or suspended, the holder must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person. Note   Regulation 262APA of the Regulations applies to special light sport aircraft. The conditions in this paragraph form an additional operating limitation under subregulation 262APA (4). 3AB    Conditions on experimental certificate 3AB.1  The exemption given by subsection 3 for an aeroplane to which paragraph 1.3 applies is subject to the following conditions: (a)   the experimental certificate issued for the aeroplane stops having effect at the earliest of:              (i)  the end of the validity period, if any, mentioned in the certificate; or             (ii)  suspension of the certificate; or             (iii)  cancellation of the certificate; or            (iv)  the aeroplane no longer complying with LSA standards as defined by regulation 21.172 of CASR 1998; (b)   the holder must, on request by CASA or an authorised person, make the experimental certificate available for inspection by CASA or the authorised person; (c)   the aeroplane must continue to be registered in Australia; (d)   CASA or an authorised person may suspend or cancel the experimental certificate if CASA or the authorised person considers it necessary to do so in the interests of the safety of other airspace users and persons on the ground or water; (e)   if the experimental certificate stops having effect, or is cancelled or suspended, the holder must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person. Note   Regulation 262AP of the Regulations applies to an experimental light sport aircraft. [5]       Paragraph 5.1 omit paragraph 7.5, insert paragraphs 5.2 and 7.5, [6]       Sub-subparagraph 5.1 (i) substitute              (i)  an aeroplane to which paragraph 1.2 applies, or an aeroplane that was wholly assembled by a commercial manufacturer to which paragraph 1.1 applies, must not be flown over a built-up area at a height: (A)    that is lower than 1 000 feet above ground level; and (B)    from which it cannot glide clear of all dwellings, buildings and persons within the built-up area;            (ia)  an aeroplane to which paragraph 1.3 applies, or an aeroplane that was assembled from a kit supplied by a commercial manufacturer to which paragraph 1.1 applies, must not be flown over a built-up area: (A)    unless CASA or an authorised person has approved it; and (B)    at a height lower than 1 000 feet above ground level; and (C)    at a height from which it cannot glide clear of all dwellings, buildings and persons within the built-up area; [7]       After paragraph 5.1 insert 5.1A     CASA, or an authorised person under regulation 262AP (5) of the Regulations, may authorise the operation of an aeroplane mentioned in subparagraph 5.1 (ia) over a built-up area subject to the conditions and limitations that CASA or the authorised person considers necessary in the interests of the safety of other airspace users or of persons on the ground or water.    5.2     The aeroplane may be flown inside controlled airspace only if all of the following conditions are complied with: (a)   the aeroplane is certificated to the design standards mentioned in subparagraph 1.1 (f) or meets the criteria mentioned in paragraph 21.024 (1) (a) or 21.026 (1) (a) or regulation 21.186 of CASR 1998; (b)   the aeroplane is fitted with an engine of a kind to which paragraph 6.1 of Civil Aviation Order 101.55 applies, or that CASA has approved as being suitable for use in an aircraft to which this section applies, and is not subject to any conditions that would prevent the flight; (c)   the aeroplane is fitted with a radio capable of two-way communication with Air Traffic Control; (d)   the aeroplane is flown by the holder of a valid pilot licence (other than a student pilot licence):              (i)  issued under Part 5 of the Regulations; and             (ii)  that allows the holder to fly in the controlled airspace; (e)   the pilot has satisfactorily completed an aeroplane flight review in accordance with regulation 5.81, 5.108 or 5.169 of the Regulations; (e)   if the controlled airspace in which the aeroplane is operating requires a transponder to be fitted — the aeroplane is fitted with a transponder suitable for use in the airspace. [8]       Paragraph 7.1 omit 5.1, insert 5.1 or 5.2, [9]       Subparagraph 7.4 (a) after paragraph 5.1 insert or 5.2