Document ID: chunk:federal_register_of_legislation:F2024L01537:body:0:p10
Version: federal_register_of_legislation:F2024L01537
Segment Type: other
Provision Reference: 
Character Range: 22984–25760

endorsed for that activity.
       12.5 A relevant aircraft must not be flown:
(a) at a height of 5 000 feet above mean sea level or higher; or
(b) in the VMC criteria specified in item 4 of Table 2.07 (3) of the Part 91 MOS;
     unless it is equipped with, or carries, serviceable radiocommunications equipment and the pilot is authorised or qualified to use it.
       12.6 A relevant aircraft must not be flown at a height of 10 000 feet above mean sea level or higher.

13 Approval of flights not complying with flight conditions
       13.1 CASA may, on application by a person who proposes to fly a relevant aircraft otherwise than in accordance with a condition in subsection 9, 10, 11 or 12, approve the proposed flight.
       13.2 The application must:
(a) include details of the proposed flight and the flight conditions sought to be disapplied; and
(b) be made at least 28 days before the proposed flight.
       13.3 The approval must specify:
(a) the condition in subsection 9, 10, 11 or 12 that is not to apply in relation to the proposed flight; and
(b) the conditions, if any, to which the approval is subject.
       13.4 A person must not contravene an approval (or any conditions of an approval) granted under this subsection.

14 Transitional provisions
       14.1 A certificate, approval or authorisation given under a repealed Order by a sport aviation body that was current or in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent certificate, approval or authorisation given by the sport aviation body under this Order and subject to the same terms and conditions.
       14.2 An approval given, or determination made, under a repealed Order by CASA that was in force immediately before the commencement of this Order, continues on and from that commencement as if it were an equivalent approval given, or determination made, by CASA under this Order and subject to the same terms and conditions.
       14.3 In this subsection, a reference to a certificate, approval, authorisation or determination being current or in force immediately before the commencement of this Order includes a reference to a certificate, approval, authorisation or determination:
(a) continued by subsection 14 of the Civil Aviation Order 95.12 (Exemptions from CAR and CASR —Gyroplanes Not Exceeding 250 kg) Instrument 2021; and
(b) current or in force immediately before the commencement of this Order.
       14.4 In this subsection:
repealed Order means:
(a) Civil Aviation Order 95.12 Instrument 2011 (assigned the FRL number F2011L00106); or
(b) Civil Aviation Order 95.12 (Exemptions from CAR and CASR — Gyroplanes Not Exceeding 250 kg) Instrument 2021 (assigned the FRL number F2021L01672).