- government regulations
Excerpt from part 11 of the Civil aviation regulations (CAR)
11.10 Non-TYPE CERTIFICATED AIRCRAFT: OPERATING LIMITATIONS
(a) This Subpart applies to non-type certificated aircraft.
(b) Definition: Non-type certificated aircraft is an aircraft that does not possess an aircraft type certificate issued by any country/state. It is, of simple design and constriction, either a homebuilt or a kit built variety and for recreational and sport use, day VFR condition only.
(c) A class of non-type certificated aircraft is applicable to all classifications, including powered parachutes, gyrocopter, fixed wing aircraft and helicopters.
188.8.131.52 OPERATING LIMITATIONS
Each person operating a non-type certificated aircraft shall operate within the following prescribed limitations:
(a) Amateur builders can select their own aircraft design and is not subject to the Authority approval.
(b) For registration and nationality marks refer to CAR Part 4.
(c) Aircraft airworthiness certificate will not be issued to non-type certificated aircraft.
(d) License to pilot these non-type certificated aircraft will not be issued by the Authority.
(e) Its place of operation will be evaluated and approved by the Authority.
(f) Operators will be responsible in maintaining these non-type certificated aircraft in safe condition so as not to be hazard to life and property.
(g) Operators will be responsible to any damages to either life or property that maybe incurred during the operation of these non-type certificated aircraft.
(h) Except with the approval of the Authority, a non-type certificated aircraft shall not be flown:
(1) Outside the designated area of operation.
(2) Without an operational two-way radio.
(3) At a height in excess of 800 ft. above ground level within the designated area of operation and outside of the approved lateral area.
(4) Within 5 nautical miles (8 km) from an airport with an operational control tower, unless two-way radio communication is established and prior approval is obtained to enter controlled airspace/designated flight training areas.
(5) Over congested area or over open-air assemblies of people.
(6) In clouds.
(7) Between the period of sunset and sunrise.
(8) In other than VFR conditions.
(9) In aerobatics conditions.
(10) In commercial conditions.
(11) Without clearance from the control tower if operating within radio contact of a controlled aerodrome.
(i) Where it is proposed to fly a non-type certificated aircraft other than those specified in paragraph (h) above, the person operating these aircraft or his agent shall submit a written application specifying the details of the proposed operation to the Authority not less than fifteen (15) days prior to a proposed flight.