| (1) |
Unless granted permission by the Director, a non-type certificated aircraft may not be flown— |
| (b) |
in meteorological conditions less than those prescribed as suitable for flight under VFR; |
| (c) |
within controlled airspace, unless cleared by and on conditions prescribed by ATC; or |
| (d) |
within 5 NM from a reference point of an aerodrome, licensed or approved in terms of Part 139 of these regulations and situated in Class G airspace, unless established unmanned aerodrome procedures for that particular aerodrome can be adhered to; or |
| (e) |
unless unavoidable, over built up areas and open-air assemblies of persons except for the purpose of take-off, transit and landing. |
[Regulation 94.05.1(1) substituted by section 11(b) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (2) |
Notwithstanding the provisions of subregulation (1) a non-type certificated aircraft may operate under IFR conditions by day if it has been granted permission in terms of Regulation 24.02.3(3) of these Regulations. |
| (3) |
Notwithstanding the provisions of subregulation (1)(e), a paraglider, hanglider, and powered versions thereof, may fly over built-up areas provided they are foot-launched. |
[Regulation 94.05.1(3) substituted by regulation 23(c) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]