Document ID: chunk:federal_register_of_legislation:F2024L01540:reg:5:p7
Version: federal_register_of_legislation:F2024L01540
Segment Type: reg
Provision Reference: reg 5 (pt 7/11)
Character Range: 36355–39120

of the aeroplane that would prevent the flight; and
           (iii) if none of the circumstances mentioned in subregulation 91.265(4) of CASR applies, the aeroplane must be flown at a height from which it can glide clear of a populous area or public gathering to a suitable landing area; and
(b) in the case of an ultralight aeroplane of a kind mentioned in sub‑subparagraph (e)(vi) of the definition of ultralight aeroplane in paragraph 5.1:
 (i) an SAB flight permit is in force for the aeroplane; and
           (ii) CASA, an authorised person, or the relevant sport aviation body has imposed no conditions or limitations on the operation of the aeroplane that would prevent the flight; and
(c) in the case of any other aeroplane:
 (i) either:
            (A) an experimental certificate under regulation 21.195A of CASR is in force for the aeroplane, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR; or
            (B) an SAB flight permit is in force for the aeroplane; and
           (ii) subject to paragraph 9.2A, an approval authorising flight in the aeroplane over a populous area or public gathering is in force under regulation 91.045 or 91.050 of CASR, which approval imposes no conditions or limitations that would prevent the flight.
Note   The requirement in sub-subparagraph 9.2(a)(iii) is in addition to the requirement, in regulation 91.265 of CASR, to not fly below 1 000 feet over a populous area or a public gathering.
       9.2A An approval mentioned in sub-subparagraph 9.2(c)(ii) is not required for a flight in the aeroplane if:
(a) the flight is over a populous area that is not the built-up area of a city or town; or
(b) the flight is over a public gathering and the aeroplane is only passing over the public gathering for the purpose of:
           (i) arrival or departure from an aerodrome, in the course of normal navigation; or
 (ii) transit, in the course of normal navigation.

 Flight conditions — towing other aircraft
       9.3 A person must not use a relevant aeroplane to tow another aircraft unless:
(a) the pilot in command is authorised to do so by the relevant sport aviation body in accordance with a procedure approved by CASA; and
(b) any of the following provisions apply in relation to the towing aeroplane:
           (i) the aeroplane is certified as suitable for the purpose of towing;
           (ii) the aeroplane is listed in Civil Aviation Advisory Publication 149, as it exists from time to time, as acceptable to CASA for that purpose;
           (iii) the aeroplane is approved by CASA, in writing, as suitable for that purpose;
           (iv) the aeroplane is approved by the manufacturer as suitable for that purpose and the aircraft flight manual instructions