Document ID: chunk:federal_register_of_legislation:F2024L01535:body:0:p6
Version: federal_register_of_legislation:F2024L01535
Segment Type: other
Provision Reference: 
Character Range: 12744–15504

which include operating in controlled airspace and at a controlled aerodrome; and
           (ii) has a valid flight review for the aircraft class rating in accordance with Part 61 of CASR; and
(b) the aircraft is carrying radiocommunications equipment capable of two-way communication with air traffic control.
       10.3 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.
      10.4 Any radiocommunications equipment fitted to, or carried by, 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 person holds a pilot authorisation issued by the relevant sport aviation body that authorises the holder to operate VHF radiocommunications equipment; 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.
       10.5 A relevant aircraft must not be flown within 5 nautical miles of a military aerodrome.
       10.6 A relevant aircraft must not be flown at any height within a Military Control Zone unless the prior approval of the appropriate military authority has been obtained.
       10.7 A relevant aircraft must not carry more than:
(a) in the case of a single-place aircraft — the pilot; or
(b) in the case of a two-place aircraft — the pilot and one passenger.

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

12 Transitional provisions
       12.1 A certificate, approval or authorisation given under the 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