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an air display;
(c) practice flying of the aircraft for participation in an air display;
Replacement Page Amdt No. 12
December 2005
Civil Aviation Regulations 1988 415
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(d) taking the aircraft to or from a place where maintenance on the
aircraft is to be done, or has been done;
(e) testing the aircraft after maintenance;
(f) training a person to qualify for an aircraft endorsement for an
aircraft of the type or category in which the aircraft is included;
(g) practice in flying the aircraft, or training in a special purpose
operation for which the aircraft is certificated;
(h) carrying out a demonstration or test of the aircraft for sale;
(i) delivering the aircraft to a person under a contract of sale;
(j) an operation necessary to accomplish the special purpose
operation.
(3) Except as permitted by subregulation (7), a person must not operate a
limited category aircraft for a purpose mentioned in paragraph
206 (1) (b) or (c).
Penalty: 50 penalty units.
(4) A person must not operate a limited category aircraft carrying a
passenger if each of the following requirements is not satisfied:
(a) no more than 6 (or a greater number approved by CASA or an
authorised person) people are on board;
(b) the operator or the pilot in command ensures that each passenger
is told about the matters mentioned in subregulation (5):
(i) if the passenger is being carried as permitted under
subregulation (7) and pays for the flight before boarding the
aircraft—before the passenger pays for the flight; or
(ii) in any other case—before the passenger boards the aircraft;
(c) a placard bearing the warning stated in subregulation (6) is
displayed inside the aircraft in a way that is conspicuous to, and
can be easily read by, each person in the aircraft.
Penalty: 50 penalty units.
(5) For paragraph (4) (b), the matters about which a passenger must be
told are that:
(a) the design, manufacture, and airworthiness of the aircraft are not
required to meet any standard recognised by CASA; and
(b) CASA does not require the aircraft to be operated to the same
degree of safety as an aircraft on a commercial passenger flight;
and
(c) the passenger flies in the aircraft at his or her own risk.
416 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(6) For paragraph (4) (c) the warning is:
“WARNING
PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK
THIS AIRCRAFT HAS BEEN DESIGNED FOR SPECIAL
OPERATIONS AND IS NOT OPERATED TO THE SAME SAFETY
STANDARDS AS A NORMAL COMMERCIAL PASSENGER
FLIGHT”.
(7) A person may carry passengers in a limited category aircraft in
circumstances where payment is made for carriage, and subregulation
2 (7A) does not apply, only if:
(a) the pilot in command holds a commercial pilot licence, or an air
transport pilot licence, with appropriate ratings and endorsements
for a flight of that kind; and
(b) the aircraft departs from and returns to the same aerodrome
without landing anywhere else; and
(c) the flight does not involve training or flight testing, and is not a
scenic flight; and
(d) the aircraft:
(i) is a replica aircraft, ex-military aircraft or historic aircraft;
or
(ii) is being operated for the purpose of parachute jumping,
mock combat or aerobatics; or
(iii) is being operated only to carry passengers as part of an
intrinsically hazardous recreational activity; and
(e) each passenger has acknowledged in writing that the passenger
has been told about the matters mentioned in subregulation (5).
Penalty: 50 penalty units.
(8) The aircraft operator:
(a) must keep an acknowledgment required under paragraph (7) (e)
for at least 3 months; and
(b) must not keep it in an aircraft.
Penalty: 10 penalty units.
(10) A limited category aircraft may be operated over the built-up area of a
city or town only if:
Civil Aviation Regulations 1988 417
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(a) CASA or an authorised person has assigned it, under
subregulation (14), a permit index of 0; or
(b) CASA or an authorised person has assigned it a permit index of 1
and:
(i) it is only flown over the area to the least extent necessary to
allow it to take off from, or land at, a particular aerodrome,
or follow a procedure approved by CASA or an authorised
person for the safety of other airspace users and persons on
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