Document ID: chunk:federal_register_of_legislation:F2022L00917:reg:3:p2
Version: federal_register_of_legislation:F2022L00917
Segment Type: reg
Provision Reference: reg 3 (pt 2/5)
Character Range: 5300–7970

issued in relation to a Jabiru‑powered aircraft:
(a) an experimental certificate;
(b) a certificate of airworthiness;
(c) a special flight permit.
       (2) For the purposes of subregulation 11.068 (1) of CASR, it is a condition that the aircraft is operated in accordance with the operating limitations stated in Schedule 1.
       (3) However, subsection (2) does not apply if all the requirements stated in Schedule 2 have been met in relation to the aircraft.

5 Direction
       (1) This section applies to a Jabiru-powered aircraft to which Civil Aviation Order 95.55 applies.
       (2) For the purposes of subregulation 11.245 (1) of CASR, the aircraft must be operated in accordance with the operating limitations stated in Schedule 1.
       (3) However, subsection (2) does not apply if all the requirements stated in Schedule 2 have been met in relation to the aircraft.

Schedule 1 Operating limitations
[Subsections 4 (2) and 5 (2)]
      1A Clauses 1 to 8 apply in relation to an aircraft mentioned in subsection 4 (1) or 5 (1).
      1 The pilot in command of the aircraft must operate the aircraft only:
(a) by day and under the VFR; or
(b) otherwise — in accordance with an approval given by CASA.
      2 The pilot in command may operate the aircraft over a populous area only if the aircraft is flown:
(a) at or above a height from which the aircraft can glide clear of any populous area to a suitable forced landing area; and
(b) at a height that is at least 1 000 feet above ground level, except to the minimum extent necessary for the aircraft to safely climb after take-off or safely descend for a landing.
Note   Paragraph 2 (a), together with the definition populous area in section 3, has the effect of prohibiting the aircraft from departing from, or landing at, various places, including but not limited to Archerfield, Bankstown and Moorabbin Airports.
      3 The pilot in command of the aircraft must not permit a passenger to be carried in the aircraft during a flight unless:
(a) the pilot in command has obtained a statement, substantially in the form set out in clause 8 (the clause 3 statement), signed not more than 3 months before the date of the flight by:
           (i) subject to subparagraph (ii), the passenger; or
           (ii) if the passenger is aged under 18 or has a mental impairment — a parent or guardian of the passenger; and
(b) the pilot in command is reasonably satisfied, including after making necessary enquiries, that the person signing the statement understands it; and
(c) the passenger is not carried for hire or reward.
      4 If a passenger is carried on board the aircraft for a flight, the pilot in