That regulation refers to any model that is capable of having a fail safe set and it really comes down to the user (ie us) to know the laws and regulations that we are required to fly to. All the information is available from the BMFA, either in the handbook or the CAP 658 publication. As recent events have showed, we must all be seen to be flying to the law and regulations and ignorance of these widely published documents is no excuse unfortunately these days.