Document ID: chunk:federal_register_of_legislation:F2024L01537:body:0:p8
Version: federal_register_of_legislation:F2024L01537
Segment Type: other
Provision Reference: 
Character Range: 18166–20890

a flight in a relevant aircraft 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.
       11.2 For the purposes of sub-subparagraph 11.1(i)(ii), a person must not operate a relevant aircraft in Class A, B, C or D airspace or a restricted area unless:
(a) either:
           (i) 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
           (ii) an SAB flight permit is in force in relation to the aircraft; and
(b) the aircraft is fitted with an engine of a kind:
           (i) mentioned in paragraph 6.1 of Schedule 1 to the Civil Aviation Amendment Order (No. R94) 2004 (also known as section 101.55 of the Civil Aviation Orders), as in force on 31 May 2016; or
           (ii) that:
            (A) CASA has approved as being suitable for use in a relevant aircraft; or
            (B) is certified to the airworthiness standards for engines mentioned in Part 32 or 33 of CASR; and
(c) the aircraft is fitted with a radio capable of two-way communication with air traffic control; and
(d) the person 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
(e) the pilot has a valid flight review for the aircraft's class rating under Part 61 of CASR; and
(f) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted — the aircraft is fitted with a transponder that is suitable for use in the airspace.
       11.3 Any radiocommunications equipment fitted to a relevant aircraft must not be used by a person unless:
(a) in the case of transmission in VHF frequency:
           (i) the person is authorised or qualified to transmit in VHF frequency under Part 61 of CASR; or
           (ii) the relevant sport aviation body has authorised the person to operate VHF radiocommunications equipment in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and
(b) in any other case — the person is authorised or qualified to transmit in the relevant frequency in accordance with regulation 91.625 of CASR.
       11.4 A relevant aircraft that is fitted with, or carries, automatic dependent surveillance-broadcast equipment must comply with the requirements relating to the