I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 308 (1) 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 95.12.1 Amendment Order (No. 1) 2006
1          Name of instrument             This instrument is the Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005. 2          Commencement             This instrument commences on the day after it is registered. 3          Amendment of Civil Aviation Order 95.12.1              Schedule 1 amends Civil Aviation Order 95.12.1. Schedule 1          Amendment [1]       Heading after 2 place gyroplanes insert and single-place gyroplanes certificated as light sport aircraft [2]       Subparagraph 1.1 (a) substitute (a)   the gyroplane has a maximum take-off weight not exceeding 600 kg; (aa)  paragraphs 1.2 and 1.3 do not apply to the gyroplane; [3]                    After paragraph 1.1             insert    1.2     This section also applies to a 2 place gyroplane or a single-place gyroplane if the following conditions are satisfied: (a)   paragraphs 1.1 and 1.3 do not apply to the gyroplane; (b)   the gyroplane is a light sport aircraft manufactured by a qualified manufacturer as defined in regulation 21.172 of CASR 1998; (c)   the gyroplane is registered with ASRA; (d)   the gyroplane owner holds a current special certificate of airworthiness for the gyroplane.    1.3     This section also applies to a 2 place gyroplane or a single-place gyroplane if the following conditions are satisfied: (a)    paragraphs 1.1 and 1.2 do not apply to the gyroplane; (b)    the gyroplane is a light sport aircraft to which paragraph 21.191 (j) or (k) of CASR 1998 applies; (b)    the gyroplane is registered with ASRA; (c)    the gyroplane owner holds a current experimental certificate for the gyroplane. [4]       Paragraph 2.1, after definition of ASRA Operations Manual insert CASR 1998 means the Civil Aviation Safety Regulations 1998. [5]       Paragraph 2.1, definition of empty weight omit [6]       Paragraph 2.1, after definition of Regulations insert take-off weight, for a gyroplane to which paragraph 1.1 applies, means the total weight of the gyroplane when it begins to taxi before taking-off, including the weight of the occupants, fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage. [7]       After subsection 3 insert 3AA     Conditions on special certificate of airworthiness 3AA.1  The exemption given by subsection 3 for a gyroplane to which paragraph 1.2 applies is subject to the following conditions: (a)   the special certificate of airworthiness issued for the gyroplane 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 gyroplane that was not authorised by the manufacturer; or             (v)  the gyroplane 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 gyroplane 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 interests 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 a gyroplane to which paragraph 1.3 applies is subject to the following conditions: (a)   the experimental certificate issued for the gyroplane 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 gyroplane 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 gyroplane 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 experimental light sport aircraft. [7]       Paragraph 5.1 omit Subject to paragraph 6.5, insert Subject to paragraphs 5.2 and 6.5, [8]       After paragraph 5.1 insert    5.2     A gyroplane may be flown inside controlled airspace only if all of the following conditions are complied with: (a)   the gyroplane meets the criteria mentioned in paragraph 21.024 (1) (a) or 21.026 (1) (a) or regulation 21.186 of CASR 1998; (b)   the gyroplane 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 gyroplane is fitted with a radio capable of two-way communication with Air Traffic Control; (d)   the gyroplane is flown by the holder of a valid pilot licence (not being a student pilot licence):              (i)  issued under Part 5 of the Regulations; and             (ii)  that allows the holder to fly inside the controlled airspace; (e)   the pilot has satisfactorily completed a flight review in accordance with regulation 5.81, 5.91, 5.99, 5.108, 5.124, 5.133, 5.169 or 5.178 of the Regulations; (f)    if the controlled airspace in which the gyroplane is operating requires a transponder to be fitted — the gyroplane is fitted with a transponder suitable for use in the airspace. [9]       Paragraph 6.1 after paragraph 5.1 insert or 5.2 [10]     Subparagraph 6.4 (a) after paragraph 5.1 insert or 5.2