Document ID: chunk:federal_register_of_legislation:F2024L01540:reg:5:p3
Version: federal_register_of_legislation:F2024L01540
Segment Type: reg
Provision Reference: reg 5 (pt 3/11)
Character Range: 25927–28799

owner or part-owner who did not contribute to its fabrication and assembly to obtain a rating or endorsement.
       8.5 Subject to any other conditions in this Order, a person must not operate a relevant aeroplane as pilot in command unless the person:
(a) holds a pilot authorisation granted by the relevant sport aviation body; and
(b) operates the aeroplane in accordance with the privileges and limitations of the pilot authorisation (including, in the case of a lightweight aeroplane, the limitations mentioned in subsection 8A); and
(c) operates the aeroplane in accordance with any applicable requirements or provisions of the relevant sport aviation body's operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition.
       8.6 If a relevant aeroplane is used for flying training, the person conducting the training must hold a flying instructor authorisation that authorises the holder to exercise flight instruction privileges in relation to the aeroplane.
       8.7 A person must not operate a type certificated ultralight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:
(a) designed in accordance with 1 of the following:
 (i) an approval under regulation 35 of CAR, as in force before 27 June 2011;
 (ii) a modification/repair design approval;
 (iii) an approval mentioned in regulation 21.475 of CASR;
 (iv) an approval under regulation 21.465 or 21.470 of CASR;
 (v) a CASA specification in or under an airworthiness directive;
 (vi) a specification in the aeroplane's approved maintenance data;
 (vii) an RAAus approval in accordance with a process for the approval of modifications and repairs specified in the RAAus exposition — but only if:
            (A) RAAus is the relevant sport aviation body; and
            (B) a certificate of airworthiness under regulation 21.176 of CASR is not in force for the aeroplane (other than because of the operation of paragraph 21.181(4)(a) of CASR); and
(b) carried out in accordance with the approval or the specified design.
Note   Sub-subparagraph 8.7(a)(vii) does not apply to the modification or repair of a type certificated ultralight aeroplane if a certificate of airworthiness under regulation 21.176 of CASR is in force or would be in force but for the operation of paragraph 21.181(4)(a) of CASR.
       8.8 A person must not operate a type certificated lightweight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:
(a) designed in accordance with:
 (i) an approval under regulation 35 of CAR, as in force before 27 June 2011; or
 (ii) a modification/repair design approval; or
 (iii) an approval mentioned in regulation 21.475 of CASR; or
 (iv) an approval under regulation 21.465 or 21.470 of CASR; or
 (v) a CASA specification