Document ID: chunk:federal_register_of_legislation:F2024L01539:reg:8:p1
Version: federal_register_of_legislation:F2024L01539
Segment Type: reg
Provision Reference: reg 8 (pt 1/3)
Character Range: 34166–37462

8                                                                            A two-place aircraft described in item 4 of Table 1 in paragraph 4.1  Paragraph 21.191(j) of CASR applies to the aircraft                                                          Flying training to enable an owner or part-owner to:
                                                                                                                                                                                                                                                                   (a) in the case that the owner or part-owner contributed to the aircraft's assembly — obtain a pilot certificate, or rating or endorsement; or
                                                                                                                                                                                                                                                                   (b) in the case that the owner or part-owner did not contribute to the aircraft's assembly — obtain a rating or endorsement only

8B Class A, B, C or D airspace and restricted areas
       8B.1 For the purposes of paragraph 8.1K, a person must not operate a relevant aircraft in Class A, B, C or D airspace or a restricted area unless the requirements of paragraphs 8B.2 and 8B.3 are met.
       8B.2 For paragraph 8B.1, the requirements are:
(a) a certificate of airworthiness is in force under regulation 21.176 of CASR in relation to the aircraft, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR; or
(b) an experimental certificate under regulation 21.195A of CASR is in force in relation to the aircraft, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR; or
(c) an SAB flight permit is in force in relation to the aircraft.
       8B.3 For paragraph 8B.1, the requirements are:
(a) the aircraft is fitted with a radio capable of two-way communication with air traffic control; and
(b) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted to the aircraft — the aircraft is fitted with a transponder that is suitable for use in the airspace; and
(c) the pilot in command holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and
(d) the pilot in command has a valid flight review for the aircraft's class rating under Part 61 of CASR.

9 Flight height and separation limitations
Note   CASA may, by an approval under subsection 10, authorise a person to fly a relevant aircraft otherwise than in accordance with a flight condition in this subsection.
       9.1 For paragraph 8.1E, the relevant aircraft must be fitted with serviceable radiocommunications equipment, and the aircraft's pilot must be qualified to use the equipment under paragraph 8.3.
       9.2 For paragraph 8.1F, a weight-shift-controlled aeroplane may be flown at a height less than 500 feet above ground level, and a powered parachute may be flown at a height less than 300 feet above ground level, if:
(a) the aircraft is flying in the course of taking-off or landing; or
(b) the aircraft is flying over land that is owned by,