Document ID: chunk:federal_register_of_legislation:F2024L01536:body:0:p3
Version: federal_register_of_legislation:F2024L01536
Segment Type: other
Provision Reference: 
Character Range: 5273–7993

by section 26.51 of Part 91 MOS.
technical manual, in relation to the relevant sport aviation body for a relevant aircraft, means the manual, approved from time to time by CASA, that contains:
(a) airworthiness, design and maintenance standards; and
(b) aeronautical practices and test procedures and processes;
     by which the relevant sport aviation body ensures the technical safety of the aircraft in accordance with the civil aviation legislation.
     transponder has the meaning given by section 26.67 of the Part 91 MOS.
       5.2 Subject to paragraph 5.3, for the purposes of this Order, a microlight aeroplane is privately built only if:
(a) the aeroplane was built by a person, or was jointly built by not more than 4 persons, with a view to the aeroplane being owned by the person, or by 1 or more of the persons, who built it; and
(b) the person who built the aeroplane was, or each of the persons who built the aeroplane was, at the time of completion of the aeroplane, an eligible private builder in relation to the aeroplane (within the meaning of paragraph 5.5); and
(c) the aeroplane:
           (i) was designed by its builder, or by 1 or more of its builders; or
           (ii) was built in accordance with a set of drawings or a data package, or a set of drawings and a data package, approved, in writing, by a relevant sport aviation body; or
           (iii) was built from a kit approved, in writing, by a sport aviation body; and
(d) except in a case to which sub-subparagraph (c)(iii) applies — the parts from which the aeroplane was built (other than any recognised standard parts) were made by, or at the direction of, the person, or 1 or more of the persons, who built the aeroplane.
       5.3 CASA may determine, in writing, that a microlight aeroplane that would not otherwise comply with this Order:
(a) substantially complies with specifications set out in this Order; and
(b) may safely be operated in accordance with its conditions.
       5.4 The operator of a microlight aeroplane, the subject of a determination under paragraph 5.3, may operate the aeroplane in accordance with this Order, subject to compliance with any additional condition that CASA mentions in that determination.
       5.5 For the purposes of this Order, a person is, at the time the building of a microlight aeroplane is completed, an eligible private builder in relation to the aeroplane only if the person has not, within the preceding 12 months, whether alone or jointly with another person or other persons, completed building another microlight aeroplane that satisfies the requirements mentioned in subparagraph 5.2(c).
       5.6 In this Order, a reference to a class of airspace means the volumes