| (1) | Unless granted permission by the Director or the organisation designated for the purpose in terms of Part 149, as the case may be, on a case-by-case basis, 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 the aerodrome 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 the 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. |
| (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)]
