Changes to CAO 95:32 and CAO 95:55

[slb]

Issued 13 August 2015

 

Schedule 24 Amendment to Civil Aviation Order 95.32

 

[1] Heading

 

Substitute

 

Exemption from provisions of the regulations under theCivil Aviation Act 1988 — weight shift controlled aeroplanes and powered parachutes

 

[2] Subsection 2, definition offlight radiotelephone operator licence

 

Omit

 

[3] Subsection 2, Note

 

Substitute

 

Note Definitions of some expressions used in this Order can be found in regulation 2 of CAR 1988 or the Dictionary for CASR 1998 (as provided for by subregulation 5 (2) of CAR 1988). Expressions defined in regulation 2 of CAR 1988 include (for example)agricultural operations. Expressions defined in the Dictionary for CASR 1998 include (for example)flight crew licenceandflying training area.

 

[4] Paragraph 3.1

 

Omit

 

with the following

 

Insert

 

with Part 61 of CASR 1998 and the following

 

[5] Subparagraph 3.1 (a)

 

Omit

 

4D, 5 and 7

 

Insert

 

4D and 7

 

[6] Subparagraph 3.1 (b)

 

Omit

 

subregulations 83 (1), (2) and (3)

 

Insert

 

subregulation 83 (1)

 

[7] Paragraph 5.2 (including the Note)

 

Substitute

 

5.2 In spite of paragraph 5.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

 

[8] Subparagraph 7.1 (k)

 

Substitute

 

(k) the radiotelephone equipment (if any) fitted to an aeroplane must not be used by a person unless the person:

 

(i) for transmissions on VHF frequencies only —holdsa valid certificate, issued by the RAA or the HGFA in accordance with the appropriate Operations Manual, relating to the operation of radiotelephone equipment; or

 

(ii) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

 

[9] Subparagraphs 7.3 (d) and (e)

 

Substitute

 

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

 

(i) issued under Part 61 of CASR 1998; and

 

(ii) that allows the holder to fly inside the controlled airspace;

 

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

 

[10] Subparagraph 7.4 (a)

 

Substitute

 

(a) the pilot in command is authorised under Part 61 of CASR 1998 to do so; and

 

[11] Subparagraph 8.1 (d)

 

Omit

 

, under subregulation 141 (1) of CAR 1988,

 

______________________________________________________________________

 

Schedule 25 Amendment to Civil Aviation Order 95.55

 

[1] Heading

 

Substitute

 

Exemption from provisions of the regulations under theCivil Aviation Act 1988 — certain ultralight aeroplanes

 

[2] Subsection 2, definition offlight radiotelephone operator licence

 

Omit

 

[3] After subsection 2

 

Insert

 

Note Definitions of some expressions used in this Order can be found in regulation 2 of CAR 1988 or the Dictionary for CASR 1998 (as provided for by subregulation 5 (2) of CAR 1988). Expressions defined in regulation 2 of CAR 1988 include (for example)agricultural operationsandcertificate of approval.

 

[4] Paragraph 3.1

 

Omit

 

with the following

 

Insert

 

with Part 61 of CASR 1998 and the following

 

[5] Subparagraph 3.1 (a)

 

Omit

 

4C, 4D and 5

 

Insert

 

4C and 4D

 

[6] Paragraph 3.1 (b)

 

Substitute

 

(b) regulation 37;

 

[7] Paragraph 3.1 ©

 

Omit

 

subregulations 83 (1), (2) and (3)

 

Insert

 

subregulation 83 (1)

 

[8] Paragraph 5.2 (including the Note)

 

Substitute

 

5.2 In spite of paragraph 5.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

 

[9] Subparagraph 7.1 (l)

 

Substitute

 

(l) the radiotelephone equipment (if any) fitted to an aeroplane must not be used by a person unless the person:

 

(i) for transmissions on VHF frequencies only —holdsa valid certificate, issued by the RAA in accordance with the RAA Operations Manual, relating to the operation of radiotelephone equipment; or

 

(ii) for all transmissions, but subject to paragraph 5.2 — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

 

[10] Subparagraphs 7.3 (d) and (e)

 

Substitute

 

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

 

(i) issued under Part 61 of CASR 1998; and

 

(ii) that allows the holder to fly inside the controlled airspace;

 

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

 

[11] Subparagraph 7.4 (a)

 

Substitute

 

(a) the pilot in command is authorised under Part 61 of CASR 1998 to do so; and

 

[12] Subparagraph 8.1 (d)

 

Omit

 

, under subregulation 141 (1) of CAR 1988,

 

[13] Paragraph 9.5, Note

 

Omit

 

______________________________________________________________________

 

 

[Ada Elle]

Does that mean that some people were flying into controlled airspace illegally on their RPLs with CTA endorsement?

 

 

[JEM]

Hi Ada

 

As far as I am aware if you have an RPL with navs and controlled traffic area endorsements you are legally able to operate in controlled airspace.