Proposed amendments to Civil Aviation Orders (CAO 95-series) - Gyroplanes and other measures - (CD 2315SS)

Between 6 November and 26 November 2023, we sought feedback on the draft legislative instrument Proposed amendments to Civil Aviation Orders (CAO 95 Series) - Gyroplanes and other measures. The consultation addressed proposed changes to the 95-series CAOs.

About this consultation
Relevant CAO 95 series legislative instruments were amended in December 2021 to support the commencement of the new flight operations regulations. The principal aim of the proposed 2023 changes was to ensure Part 149 of the Civil Aviation Safety Regulations 1998 (CASR) (Approved self-administering aviation organisations) and the CAOs function correctly after the end of the Part 149 transition period on 1 December 2023.

Additional feedback was also sought on other minor changes to add clarity and ensure consistency with certificate of airworthiness provisions of Subpart 21.H of CASR.

In total there were 18 responses to the consultation. Of the respondents who made written submissions, 11 consented to having them made public and 7 requested their submissions be confidential.

Most responses received were from light sport aircraft, lightweight aeroplane and ultralight aeroplane owners, operators or pilots. Five of the responses received were from gyroplane owners, operators, or pilots. One respondent identified as a pilot of GA aeroplanes licensed under Part 61 of CASR.

Summary of feedback

Issue 1: ASAO administration of gyroplanes
Eight respondents agreed with the proposed amendment to CAO 95.12 and CAO 95.12.1. One respondent agreed with the proposed amendment with changes and 3 were undecided or noted it is not in their area of expertise. Two respondents disagreed with the proposed amendment based on general safety and the classification of gyroplanes. The former being of the view that operation of rotorcraft in the gyroplane class should not be permitted at all, the latter stating that the CAO changes were introducing an additional layer of bureaucracy and that gyroplanes should be considered light sport aircraft (LSA).

CASA's response
While there were a few responses which disagreed with the proposed amendments, overall, the proposed amendments that facilitate Part 149 ASAO administrative oversight of gyroplane operations were supported by most respondents.

In relation to gyroplane operations generally, this class of rotorcraft has been safely operated in Australia for more than 4 decades under the oversight of a CASA-approved sport aviation body. The organisation that administers sport and recreation gyroplane operations has satisfied all the criteria for the issue of a Part 149 ASAO certificate and was issued a certificate on 29 November 2023.

In relation to LSA gyroplanes, gyroplanes that meet the LSA requirements of Part 21 of CASR are eligible for a special certificate of airworthiness issued under that Part, irrespective of whether they are under ASAO administration. Operation of an LSA gyroplane that is not registered on the Australian Civil Aircraft Register (and operated by a Part 61 gyroplane licence holder) can only be conducted under the administrative oversight of an ASAO.

Issue 2: CASA's ability to approve persons to conduct initial flight inspection
Eleven respondents agree with the proposed amendment to CAO 95.55. Three were undecided or considered this not their area of expertise and 3 respondents did not answer this question. One respondent disagreed with the proposed amendment.

CASA's response
The proposed amendment to CAO 95.55 reinstates CASA's ability to approve a person to conduct initial flight inspections. It reinstates the previous alternative mechanism in circumstances where the administering sport aviation body, including an ASAO, is unable to do so.

In relation to the single response that disagreed with the proposed amendment, that response reiterated the LSA response mentioned in Issue 1 about gyroplanes. CAO 95.55 does not apply to gyroplanes.

Issue 3: Miscellaneous and minor editorial changes
Eight respondents agreed with the proposed amendment to make miscellaneous and editorial changes to the various CAO 95 series. Three respondents agreed with the proposal with changes, 4 remained either undecided or indicated that this is not their area of expertise while 2 respondents did not answer this question. For the respondents who either disagreed or agreed to the proposed amendments with changes, feedback received included:

• enquiries into the reasons and clarification of the proposed amendments
• other miscellaneous and editorial amendments.

CASA's response
While there were a few responses which disagreed with the proposed amendments, overall, they were generally accepted. Those responses that suggested changes were comprised of editorial changes or changes to technical requirements contained in the CAOs that were not proposed by this consultation. Issues identified in relation to the latter are the drafting of paragraphs 8.7, 8.8 and 8.10 of CAO 95.55. These will be addressed through an amendment to the CAO such that paragraphs 8.7 and 8.8 reflect more fully the policy intent of regulation 42U of Civil Aviation Regulations 1988 (CAR) and that paragraph 8.10 does not apply the restrictions of regulation 91.875 of CASR to type certificated ultralight aeroplanes. CASA will consider the other technical submissions in the development of the Part 103 Manual of Standards (MOS). As most responses supported the proposed changes, CASA is satisfied that the operation of gyroplanes under ASAO administration will continue to maintain an acceptable level of aviation safety.

Other issues: unrelated feedback
Several responses gave feedback to matters that were not asked in the consultation. While this feedback is relevant and valuable for industry, these responses are not specific responses to the questions in the consultation. Three responses commented on other parts of the legislation which was not a subject of this consultation.

Overall, respondents have supported the proposals. Under regulation 149.015 of CASR, all sport aviation bodies have been required to hold an ASAO certificate since the expiration of the Part 149 transitional regulations[1] on 1 December 2023. As a result, CASA has implemented the changes to the various 95-series CAOs. The revised instruments can be found at:

• Civil Aviation Order 95.4
• Civil Aviation Order 95.8
• Civil Aviation Order 95.10
• Civil Aviation Order 95.12
• Civil Aviation Order 95.12.1
• Civil Aviation Order 95.32
• Civil Aviation Order 95.55

CASA thanks the many highly qualified people and organisations contributing their time and thought to this consultation and acknowledges the feedback beneficial to the effectiveness of the consultation process.

[1] Subpart 202.GI of CASR.