| | Tutorials home | Decreasing risk | Safety tour | Emergencies | Meteorology | Flight Theory | Navigation | Communications | Builders guide | |
 Joining sport and recreational aviation |
An overview of the legislative framework
|
 |
1. The Civil Aviation Act, Regulations and RAAOsIn common with the other member nations of the International Civil Aviation Organization [ICAO], aviation in Australia is a highly regulated activity. It is certainly tedious, perhaps mind-numbing, to attempt to interpret all the legislative material to which every recreational pilot is, or may be, currently subject, whether you pilot powered parachutes, gyroplanes or seaplanes. Indeed it is difficult for anyone to identify and then locate all the applicable legislation, regulations and rules in this expanding legislative environment.It is evident that some sport and recreational pilots know very little about the legislation, or perhaps have little regard for them; it is essential that you do not blindly ignore the legislation applicable to your sector of sport and recreational aviation. All persons associated with aircraft ownership, maintenance and/or flight operations must maintain an acceptable level of knowledge pertaining to the legislation relating to aircraft ownership, maintenance and flight operations (under the day visual flight rules [VFR] and outside controlled airspace). The purpose of this document is to offer an overview of the structure and purpose of the legislation. The various operating rules and procedures, such as those appearing in the Aeronautical Information Publications [AIP] issued by Airservices Australia, are in addition to the legislation referred to in this document. Please note that — to be valid — any rule (i.e. a mandatory requirement) published in AIP must be supported by an existing regulation or other legislation; Airservices Australia [AsA] should not create de-facto legislation via their AIP. The aviation ActsAustralian recreational and sport aviation, in common with all other forms of civil aviation, is subject to several levels of government regulations and rules. The primary legislative acts are the Air Navigation Act 1920 which generally deals with Australia's international obligations in regard to international air transport in accordance with the 1944 Chicago Convention; and the Civil Aviation Act 1988, which latter is " ... an Act to establish a Civil Aviation Safety Authority [CASA] with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes. The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents." The Act also provides for the appointment of a Director of Aviation Safety who is responsible for the management of CASA.Thus, the CASA has the function of conducting the safety regulation of civil air operations in Australian territory, in accordance with this Act and by means of the Regulations which CASA prepares for promulgation. The CASA is also the Australian National Airworthiness Authority [NAA]. In the Act 'aircraft' is defined as 'any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface [i.e.hovercraft]'. For recreational pilots a notable facet of the Civil Aviation Act is that it specifies imprisonment for some specific offences related to Australian* aircraft operation. So, if charged by State or Federal police (for example) with an offence under the Act — the superior legislation — the penalty is likely to be more significant than if charged with an offence under the Regulations, where the penalties specified are generally fines. See 'Some noteworthy sections of the Civil Aviation Act 1988, the CAR 1988 and the CASR 1998'. *Note: RA-Aus registered aircraft were re-classified as 'Australian aircraft' by a September 2004 amendment to the Act, thereby removing an anomaly where RA-Aus aircraft were legally 'neither Australian aircraft nor foreign aircraft, but were effectively treated as foreign aircraft that were allowed to operate in Australia but did not have the nationality of any ICAO contracting state', and thus, perhaps, avoiding some of the penalties prescribed in the Civil Aviation Act. This also means that recreational aircraft may not be discriminated against by operators of public aerodromes; see CAR 91. There are other Acts which affect recreational aviation; for example, the Aviation Transport Security Act 2004 restricts pilot access to the 'airside' area of aerodromes that have scheduled regular public transport movements, if the pilot does not have a valid Aviation Security Identification Card [ASIC]. The CARs and CAOsThe legislative tier below the Acts contains the wide-ranging Civil Aviation Regulations [CARs]. The CARs are the responsibility of CASA, but drafted by the Office of Legislative Drafting and Publishing, which is part of the Attorney-General's Department. New or amended CARs and CAOs must be tabled in the Commonwealth Parliament — where they are subject to disallowance — and authorised by the signature of the Governor-General of Australia before they can become effective.The level below CARs contains the Civil Aviation Orders [CAOs] which are issued by CASA under regulation 5 of the CARs. They include information on technical standards and specifications intended to amplify the generalised regulations contained in CARs. In particular, they contain detailed mandatory operational, airworthiness and safety requirements, including design requirements, standards, specifications, technical and administrative procedures and safety instructions. Also, as demonstrated by the seven recreational aviation section 95 CAOs, they provide exemptions to some provisions of the CARs. (CASA may also provide individual exemptions by means of miscellaneous legislative instruments. For example the students of some RA-Aus flight training facilities (e.g. at Launceston, Parafield, Cambridge and Coffs Harbour) are able to operate in controlled airspace, without having a CASA issued Pilot Licence*, through 'exemption instruments'. See the Sunshine Coast Aero Club's CASA EX40/10 'Exemption — solo flight training using ultralight aeroplanes registered with the RA-Aus at Sunshine Coast Airport'. Note the requirement for the student pilots to hold at least a CASA class 2 medical certificate.) *Note: in Australia the CASA issues 'Pilot Licences' upon qualification of Private, Commercial and Airline Transport pilots, whereas the recreational aviation administration organisations issue 'Pilot Certificates'; the terms are not interchangeable. CASA issued Licences are recognised by ICAO, the Certificates issued by the recreational organisations are not. (In the USA all qualified pilots — amateur or professional — are 'certificated' not 'licensed'.) Over the years the CARs and CAOs have become somewhat of a mess. Where they are in conflict CARs take precedence over CAOs (and the Act takes precedence over the CARs). CASA believes they are ' ... overly prescriptive, ambiguous, disjointed, too reliant on exemptions, and difficult to interpret, comply with and enforce'. The ongoing CASA regulatory review programSince 1994/1995 CASA has been in the process of reviewing and rewriting all the CAR and CAO legislation in the form of Civil Aviation Safety Regulations [CASRs]. These are being structured and formatted in Parts similar to the United States Federal Aviation Regulations [FARs]. The intention is also to harmonise the CASRs with U.S. and European standards and regulations; although the review is expected to retain, in the CASRs, 'aspects of current regulations which are considered superior to international legislation or better suited to Australian conditions'. The numeric listing of the CASR Parts within their operational clusters can be accessed from the CASA website.According to CASA's regulatory criteria the new CASRs are:
* For example the RA-Aus Operations and Technical Manuals comprise the RA-Aus Procedures Manual and the GFA Operational Regulations comprise their procedures manual. The CASA is consulting with the aviation community, via a Standards Consultative Committee, in the development of each new Part, then releasing Notices of Proposed Rule Making [NPRMs] for final comment before the regulations are sent for Parliamentary scrutiny. A Notice of Final Rule Making [NFRM] is normally issued after assessing feedback comments. The older CARs are known as CAR 1988 and the new CASR parts that have been, or are being, developed to replace CARs and CAOs are being released as CASR 1998 though sometimes, for expediency, they are released as revised/new CARs. The content of these various Acts and Regulations can be found via the following links:
CASR structureJust to make your day, here is an extract from the CASA guide "How to use the Civil Aviation Safety Regulations 1998" — perhaps demonstrating the formulation of the new 'clear, concise and unambigous' CASRs.' ... note that 'the Regulations' contains many 'regulations' within it. In other words, Regulations means the whole statutory document; a regulation is a particular kind of part of it. The Regulations are divided into Parts, each Part dealing with a particular topic. A Part may be divided into Subparts, and a Subpart into Divisions. Divisions are divided into regulations, but a Part or Subpart can also be divided directly into regulations (that is, a Part need not have Subparts, and a Subpart need not have Divisions). An individual regulation may be divided into subregulations, a subregulation into paragraphs and a paragraph into subparagraphs. A regulation that is not divided into subregulations can be directly divided into paragraphs.' That quite clear? It's worse if spoken. CAAPs and ACsThere are two similar series of CASA documents which supplement the CARs, CAOs and CASRs.The Civil Aviation Advisory Publications [CAAPs] relate to the CARs only. They 'provide guidance and information in a designated subject area, or show a method acceptable to an authorised person or CASA for complying with a related regulation. The CAAPs should always be read in conjunction with the referenced regulations.' The CAAPs are in three sections — operational, airworthiness and aerodrome — and are supposed to be written in simple language. Advisory Circulars [ACs] support the CASRs only. They are intended 'to provide recommendations and guidance to illustrate a means, but not necessarily the only means, of complying with the Regulations; or to explain certain regulatory requirements by providing interpretive and explanatory material.' Note that CAAPs and ACs do not define 'standard operating procedures'. They may suggest what appears to be a de facto standard but it is purely advisory, not compulsory. For examples see CAAP 166-1 'Operations in the vicinity of non-towered (non-controlled) aerodromes' and CAAP 166-2 'Pilots responsibility in collision avoidance in the vicinity of non-towered (non-controlled) aerodromes by 'see and avoid'. Recreational aviation administration organisationsRecreational aviation administration organisations [RAAOs] are 'not-for-profit' associations of like-minded individuals that administer a particular sector of recreational and sport aviation (via a delegation from the Civil Aviation Safety Authority) for the benefit of Australian recreational and sport aviation in general and their members in particular. As stated in NPRM 0704OS the regulatory authorisations involved may be:
RAAO involvement in the legislation review programSince 1996 the recreational aviation administration organisations have been deeply involved in the consultations with CASA and the aviation industry on the CASR Parts that are of particular interest to recreational aviation. Those Parts are:• Part 21 to 35: Aircraft certification and airworthiness standards. • Part 43: Aircraft maintenance. • Part 47: Aircraft registration. • Part 61: Certification of pilots and instructors. • Part 91: General operating and flight rules. • Part 103: Sport and recreational aviation operations (see NPRM 0603OS). • Part 105: Parachuting operations from aircraft • Part 149: Recreational aviation administration organisations (see NPRM 0704OS). Some Parts have been implemented and Parts 103 and 149, which are of most interest to recreational aviation, are unlikely to be promulgated before 2012. Parts 103 and 149 are an example of how CASA is moving its classification system (albeit very slowly) from a purely operation-based scheme to a more contemporary risk-oriented, activity-based system. This will be quite helpful to recreational pilots as much of the legislation relevant to them will be contained within Parts 103 and 149. |
2. Aircraft Type Certification and Certificates of AirworthinessGenerally* powered aeroplanes registered with RA-Aus, HGFA and ASRA are not required to have a Certificate of Airworthiness [CoA] so they are not exposed to the same certification standards to which the manufacturers of CASA registered aircraft must comply. However a manufacturer of recreational aircraft may choose to comply with the relevant Type Certification and Production Certification standards and seek CASA certification, particularly if contemplating export.*Owners of aeroplanes (or gyroplanes or gliders) in the light sport aircraft [LSA] category must hold a 'special' CoA if the aircraft was factory-built or an 'experimental' CoA if home-built from a factory-supplied kit. The airworthiness standards for sailplanes and powered sailplanes are contained in CASR Part 22 which encloses the European airworthiness standards set out in the certification specification EASA CS-22. As the subject of 'certificated aircraft' or 'certified engines' continually crops up, the following may be of interest. Be aware that, at first glance, some of the terms are very similar, but they may have quite different regulatory meanings — and are often misused or misquoted. (The certification and airworthiness requirements for aircraft and parts are contained in CASR Part 21.) The Type CertificateType Certification is the assessment by the national airworthiness authority [NAA] of an aircraft type and model (or engine or propeller) for compliance with an international airworthiness design standard (that is recognised by the International Civil Aviation Organization) for a particular airworthiness category — normal, utility, acrobatic and primary are some of those categories. Type certification design standards (the U.S. FAR Part 23 for example) are a set of commonsense rules, graded according to the activity for which the aircraft is designed, that have evolved over the past 90 years or so, which — while not providing absolute safety in all conditions — do provide an airworthy and reasonably stable and controllable aircraft; providing it is operated within the specified flight envelope and is maintained according to a maintenance schedule defined by the manufacturer. Under those conditions, for an FAR Part 23 aircraft, there is an expectation of not more than one serious accident due to structural failure per million type flight hours. The Type Certificate [TC] is issued by the NAA (initially in the country of origin) to the manufacturer (the 'TC holder'). The TC for earlier aircraft may be referred to as the Type Approval Certificate or the Certificate of Type Approval.A Type Certificate Data Sheet [TCDS] is included with the TC. An Australian manufacturer of recreational aircraft who wishes to export would probably need to hold a TC for the product to be accepted by a foreign NAA. For an example of a TC and TCDS issued in the primary category see Airborne's TC and TCDS for their Edge XT/Streak 3 wing aircraft. The terms certified or type certified design are in common use and may apply to an aircraft, an engine or a propeller for which the particular manufacturer holds a TC. Generally, NAAs do not themselves 'certify' or 'guarantee' anything, they issue 'certificates' to the manufacturer after accepting that the manufacturer has proven their product will meet the authority's defined standard/s. For commercially manufactured aeroplanes the design (and the prototype aircraft) must be type certificated and the manufacturer issued with a TC before any individual production series aircraft can be issued with a CoA — for its intended operating category — by any NAA; e.g. the FAA in the USA, the EASA in the European Union and the CASA in Australia. Type Acceptance Certificate for imported aircraftIn Australia (to enable the issue of an Australian CoA and thus 'VH' registration) CASA must issue a Type Acceptance Certificate [TAC] for an imported aircraft type and model whose manufacturer holds a TC issued by one of the 'recognised' NAAs.The RAAOs do not approve factory-built aircraft; however, RA-Aus (for example) is authorised to issue an RA-Aus Type Acceptance Certificate signifying only that a particular factory-built aircraft type and model is accepted for registration by RA-Aus under CAO 95.55 para xx on the basis of a Type Certificate, Type Approval Certificate or other equivalent document issued by a NAA. Production CertificateProduction Certification is carried out by a NAA to assess a company's manufacturing and quality assurance systems and procedures. If satisfied that all aircraft produced will meet the quality standards established by the Type Certificate the authority will issue a Production Certificate. If the TC holder does not also hold a Production Certificate then every aircraft produced must be inspected by a representative of the NAA before its CoA can be issued.Certificate of AirworthinessThe standard Certificate of Airworthiness [CoA] for an individual factory-built aircraft is issued on the basis of evidence that the individual aircraft complies with the Type Certificate and that it has been constructed and assembled satisfactorily by the holder of a Production Certificate for manufacturing and given an individual constructor's serial number. The various airworthiness categories and designations in which Australian CoAs may be issued are described in detail in Advisory Circular AC 21.1 'Aircraft Airworthiness Certification Categories and Designations Explained'. CoAs are not required for ASRA, RA-Aus and HGFA registration except for the aircraft in the light sport aircraft [LSA] category.Certificates of Approval (of company operations)After receiving an audit request CASA may, under CAR 30, subsequently issue a Certificate of Approval to a person or company engaged in any stage of design, documentation, manufacture, distribution or maintenance of aircraft, aircraft components or aircraft materials. That certificate indicates that CASA is currently happy with the quality assurance aspects of the specified activities of the company's operations and recognises that the holder has met the civil aviation regulatory requirements for the granting of their Certificate. Note that it is not a Certificate of Type Approval nor is it a Production Certificate. An approval holder might advertise themselves or their services (but not their wares) as "CASA approved".RAAO acceptanceRA-Aus acceptance processes, for example, apply to commercially manufactured aircraft kits available to RA-Aus amateur builders, to ensure that the kits comply with the 51% 'major portion rule'. See the Technical Manual section 3.3.1 'Amateur built aircraft registered as ultralight aircraft'. RA-Aus acceptances also apply to commercially available aircraft plans.For the design and airworthiness certification Orders for recreational aviation see the design and airworthiness certification Orders for powered recreational aeroplanes below. CASA approval of recreational aircraft enginesVarious requirements are applied to the flight of recreational aeroplanes in controlled airspace. One such requirement relates to the engine which must have either a Type Certificate, a Type Approval Certificate or is of a type that has been approved by the CASA as being appropriate for use in controlled airspace. The latter is usually applied to non-Type Certificated engines that display a proven history of reliability; it is the most common Australian means of meeting the engine approval requirement for non-certified engines. CAO 101.55 section 6.1 is referred to in the CAO 95-series exemption orders. |
3. Exemption aircraft'Exemption' aircraft are those specified in the CAO 95-series, and are not classified as categories in the airworthiness sense. Thus, excluding sailplanes, RAAO registered aircraft may not be 'type certificated' or reflected as a category in either 'standard' or 'special' or 'experimental' CoA, except for those in the LSA classification. However, depending on their registration status (i.e. CASA registration), design standards and modes of construction, certain recreational aircraft could also be issued with a special CoA or an experimental certificate in the 'amateur-built aircraft acceptance' (ABAA), 'amateur-built' or 'kit-built (experimental)', 'primary' or 'intermediate' categories.Seven CAOs provide recreational aviation with the necessary operating exemptions from some sections (listed within each CAO) of the Regulations but, of course, all other current CARs, CASRs and CAOs (plus the Civil Aviation Act itself) could apply to RAAO registered aircraft and RAAO certificated pilots. It is expected that with the implementation of CASR Part 103 and Part 149 the seven CAOs will be rescinded but their intent will be incorporated partly within the two CASR parts but chiefly as rules/requirements/procedures within the RAAOs Operations/Technical Manuals. The content of the seven CAOs has been made as uniform as possible. Four of the exemption CAOs are CAO 95.4 for GFA sailplanes and CAO 95.8 for HGFA hang-gliders and paragliders (including powered variants). CAO 95.12 is for ASRA gyroplanes with empty weight not more than 250 kg plus CAO 95.12.1 for LSA gyroplanes of maximum gross weight not more than 600 kg. CAO 95.54 is for ABF hot-air balloons and airships. Also an exemption order (CAO 95.14) exists for parasails and gyrogliders, but these vehicle- or boat-towed aircraft are restricted to operations below 300 feet above surface level. The remaining three CAOs are applicable to RA-Aus and HGFA aeroplanes and together form the most complex of the exemption orders. These CAOs sparked and sustained the outstanding growth in Australian powered recreational aviation; they are CAO 95.10, CAO 95.32 and CAO 95.55. |
4. The exemption Orders specific to 'aeroplanes'
In the Australian regulatory context the term 'aeroplane' means a power-driven, heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight. Powered parachutes are classified as aeroplanes (their ram-air wings remain fixed in normal operations) but not gyroplanes, power-assisted hang-gliders or power-assisted sailplanes — the latter are still classified as 'sailplanes or gliders' (CAR 2). So, in this document, the term 'recreational aeroplanes' refers only to aeroplanes registered with RA-Aus and the HGFA. Powered hang-gliders or powered para-gliders registered with the HGFA are not included.
|
| CAO 95.55 para. |
MTOW | Vso | Construction | Airworthiness standards reference. |
Other requirements | RA-Aus registration mark prefix |
| 1.2 (a) | 600/650 | 45 | Own design, drawing or kit |
101.28 section 3 | nil | 28 |
| 1.2 (b) | 450 | 40 | Own design, drawing or kit |
101.55 para 1 | nil | 28 |
| 1.2 (c) | 480 | 42 | Factory-built | 101.55 para 1.2 and design standards |
Vno=100 | 55 |
| 1.2 (d) | 450 | ? | Factory-built | 95.25 | nil | 25 |
| 1.2 (e) | 600/650 | 45 | Own design, drawing or kit |
Tech. manual 3.3.1 | 51% major portion rule applies to kits Pre-flight final inspection |
19 |
| 1.2 (f) | 600/650 | 45 | Factory-built | 101.55 | Min. payload | 24 |
| 1.2 (g) | 600/650 | 45 | Factory-built | LSA standards | nil | 23 |
| 1.2 (h) | 600/650 | 45 | Home-built from factory kit |
LSA standards | 51% major portion rule not applicable |
17 |
5. The exempted RegulationsIf the conditions set out in CAOs 95.10, 95.32 or 95.55 are complied with in relation to an aeroplane to which each CAO applies, the aeroplane/pilot is exempt from compliance with the following Parts of the Regulations and a few individual Regulations. In most cases the exemption from the Part or an individual Regulation is replaced to some extent by rules or requirements stated in the CAO or in RAAO Operations and Technical Manuals. Failure to comply with the rules/requirements of the manuals renders the exemptions null and void thus the exemption Regulations below and associated penalties become immediately applicable. Some of the CAR 1988 Parts/Regulations mentioned below may be replaced by CASRs but the CAO may not yet be changed to reflect this. Exemptions common to 95.10, 95.32 and 95.55
Exemptions common to 95.10 and 95.32 only
Exemptions common to 95.32 and 95.55 only
Exemptions applying to only one CAO
|
6. The design and airworthiness certification Orders for powered recreational aeroplanesCivil Aviation Order 101.28CAO 101.28 is a combination of rules — originally promulgated in 1976 — covering the airworthiness certification requirements, and design standards, for light general aviation aeroplanes in the Amateur Built Aircraft Acceptance [ABAA] category. For ultralight aeroplanes the limitations expressed in CAO 95.55 paragraph 1.2 (a) over-ride the weights and stall speeds given in CAO 101.28. The aircraft is to be used for educational or recreational purposes and the owners construction input must be more than 50% of the total construction input.The general design standards are in accordance with the U.S. Federal Aviation Administration's FAR Part 23 or the British Civil Airworthiness Requirements Section K. The flight handling quality standards are also in accordance with FAR Part 23. The full CAO 101.28 can be viewed in pdf format.The ABAA certificate is an acceptance by the CASA that the aircraft complies with CAO 101.28. CAO 101.28 is not a standard acceptable in the ICAO sense, so any CoA (for a CASA registered aircraft) under 101.28 is not an ICAO recognised CoA. It is only recognised in Australia as qualifying the aeroplane to be registered on the national register as VH-xxxx. In view of the legislative minefield involving Certificates of Airworthiness and the ICAO convention, it is to DCA's (the old Australian Department of Civil Aviation ) great credit that a system was developed and is continuing in Australia giving national registration and its attendant privileges to 'Home Built' aeroplanes under CAO101.28. Note too that the building process involved strict control under the eye of the CASA , and while the regulatory authority of the day actually performed surveillance on the building process, this activity was delegated to the Sport Aircraft Association of Australia (SAAA), where it now resides until the sun sets on the order. CAO 101.28 has been "sunsetted" in CASR 21.190 and ABAAs for new types were no longer issued after 30 September 2001. New types are now covered under CASR 21.191 which introduced the Experimental Amateur Built category. These aircraft require no building supervision, are registerable as VH although operational restrictions apply until they are removed under the authority of a 'CASA Delegate' — if the aircraft can meet the necessary requirements. Civil Aviation Order 101.55All commercially manufactured and sold recreational and GA aircraft should be designed to an acceptable standard, certificated as meeting that standard, and manufactured under a Certificate of Approval of the production and quality assurance process. CAO 101.55 is a set of rules covering the aircraft certification requirements for a TC or Certificate of Type Approval — including minimum design, manufacture, operational and safety standards — for commercially-built single-engine/single-propeller very light aeroplanes and kits. Take-off weight not exceeding 450 kg and Vso not exceeding 40 knots CAS [Vs1 45 knots]. Under some conditions these figures may be increased to 480 kg and 42 knots CAS. The aircraft may have no more than two places.Under CAO 101.55 the aircraft must comply with one of the three following international design standards:
*Note 1: Since November 1996 the published RA-Aus policy has been that the MTOW for aeroplanes registered by RA-Aus that have been CS-VLA certificated [to 750 kg] could be extended to the 750 kg of the European design standard, or any other suitable design standard that allows 750 kg. CASA had a low priority certification project [CS 06/01] underway which might have resulted in the inclusion of that change in CASR Part 103 but CASA decided not to proceed with CS 06/01 and it was closed 9 October 2009. The full CAO 101.55 can be viewed in pdf format. |
7. The proposed CASR Part 103Part 103 will apply to all manned balloons and hot-air airships; gliders including sailplanes, hang gliders, paragliders and their power-assisted variants; rotorcraft including gyroplanes, gyrogliders and other light rotorcraft; powered aeroplanes.For the purposes of Part 103 (see NPRM 0603OS) the powered recreational aircraft will be divided into two classes: The first powered class covers aeroplanes that have only one seat, MTOW no more than 300 kg (plus allowances of 35 kg if equipped to land on water and 20 kg for a recovery parachute system) and a maximum wing loading of 30 kg/sq.m. There is no restriction on the number or type of engine/s or propeller/s, stalling speed or maximum level flight speed. Thus, this class perpetuates the fundamental CAO 95.10 concept and will consequently be identified as 'low-momentum ultralight aeroplanes' rather than '95.10 aircraft'. Note: momentum equals mass × velocity so 'low momentum' does not necessarily infer a low maximum speed, such as the 55 knots specified in the United States FAR Part 103. The second powered class covers all aircraft that have one or two seats, MTOW no more than 600 kg (plus an allowance of 50 kg if equipped to land on water) and (for aeroplanes) a maximum stalling speed in the landing configuration (i.e. Vso) of 45 knots CAS. This category also includes the gyroplanes (maximum rotor disc loading 20 kg/sq.m.), powered-parachutes and weight-shift aeroplanes (but not power-assisted sailplanes) that meet the criteria, but there is no additional weight allowance for water landing or recovery parachutes. Thus, any single-engine (see note 4 below), one or two-place, land aircraft with MTOW less than 600 kg (and any similar aircraft equipped to alight on water with MTOW less than 650 kg) may be eligible to operate under Part 103 if Vso does not exceed 45 knots and it is accepted for RAAO registration. Existing aircraft operating within CAO 95.32 and CAO 95.55 limits, and others that do not conform to the new standard, will continue to operate as now in accordance with the RAAOs procedures manuals; i.e. the Operations and Technical Manuals. Such aircraft will still be limited to the lower of their design weight or type certificated weight. Factory-built aircraft may be able to operate at the 600 kg weight if certified to that or higher weight. As in the past the RAAO procedures manuals will continue to be subject to CASA approval scrutiny before amendment/re-issue. The acceptable CASA standards for design and performance of recreational aircraft are:
|
8. The civil legislation governing RAAOsRecreational Aviation Australia Incorporated [RA-Aus] is a recreational aviation administration organisation [RAAO] whose governance might be considered representative of other organisations.Operationally, RA-Aus is a recreational aviation administration organisation. Legally, it is a not-for-profit, member-based association incorporated under the Australian Capital Territory Associations Incorporation Act 1991 and consisting of ordinary members with voting rights, affiliated clubs and other types of members without voting rights. 'Incorporation' is the creation of a legal entity which has rights and liabilities (e.g. to enter into employment agreements and legal agreements, own assets or borrow money) that are separated from its members. This means that any financial claim against the Association could only be pursued up to the extent of the Association's assets rather than (if RA-Aus was not incorporated) all of the members being liable for any claims against RA-Aus; but see rule 8 of the RA-Aus constitution. There are no shareholders, no one 'owns' RA-Aus or any part of it. Surplus income is used to further the objectives of the association, not to provide personal gain for members. If the association should be wound up the surplus property will be distributed in accordance with rule 38 of the constitution and the ACT Associations Incorporation Act. An incorporated association must have a committee responsible for managing the association. In RA-Aus the elected state member representatives form a committee described as the 'Board' and its members are 'Board members' (not 'directors'). Because RA-Aus operations are not confined to the Australian Capital Territory, RA-Aus comes under the jurisdiction of the Australian Securities & Investments Commission [ASIC], who regard it as a registrable Australian body whose internal governance operates under its own constitution. Registrable Australian bodies include bodies corporate that are not companies, recognised companies, exempt public authorities, foreign companies or financial institutions. ASIC has assigned RA-Aus an Australian Registered Body Number [ARBN 070 931 645]; it is not a 'business' number. ASIC's only interest in RA-Aus is to ensure proper governance. RA-Aus is not required to provide financial statements to ASIC, only the personal details of current Board members as changes occur; plus updated, certified copies of the constitution, so that if complaints are received it can start calling on the Board members. The Board may make by-laws for conducting its own proceedings and general management of the Association's affairs. By-laws proposed shall be notified to the members and take effect after 30 days from the time of such notification, subject to the approval of the Board. By-laws may be repealed, varied or added to at any time and from time to time by the Board. The regulatory activities of RA-Aus are governed by the Operations Manual and Technical Manual, both of which are published and amended following approval by CASA. RA-Aus administers the Operations Manual and the Technical Manual on behalf of the CASA. The maintenance of the recreational aircraft airworthiness standards are governed by the provisions of the Technical Manual. Owners of recreational aircraft are responsible for ensuring the standards expressed in the Technical Manual are met and maintained, and registration of an aircraft by the RA-Aus is not to be held out as certification that the aircraft is airworthy. Similarly, the standards for operations of recreational aircraft are governed by the provisions of the Operations Manual. Owners/operators of recreational aircraft are responsible for their operation in accordance with the standards provided for in the Operations Manual. |
The next module in this 'Joining sport and recreational aviation' series is a categorised index (covering the period from 1998 to date) of selected articles available in the online version of the Civil Aviation Safety Authority's bi-monthly magazine Flight Safety Australia. The articles listed are all pertinent to sport and recreational aviation under the day visual flight rules and are recommended reading. They expand on, or complement, material contained in the Fly Safe! tutorials. Some publications from the Australian Transport Safety Bureau are also provided.
Copyright © 2002–2011 John Brandon [contact information]
The photograph shows an aircraft from designer/builder David Rowe — his UFO or "Useless Flying Object". This aircraft is a consequence of David's curiosity about the behaviour of round wings and illustrates the educational and true experimental essence of 95.10 and its importance to the ultralight movement. It also emphasises that, in 95.10, the designer/builder is likely to be the test pilot.