Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988

- made under the Civil Aviation Act 1988

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations  
   2.      Interpretation  
   2AA.    Meaning of ANZA mutual recognition agreements (Act s 3)  
   2A.     Approved maintenance data  
   2B.     Powers to issue directions etc  
   2C.     How to read CASR  
   3.      Application of regulations  

   PART 2--ADMINISTRATION--AND ORGANISATION

   4.      CASA  
   5.      Civil Aviation Orders  

   PART 4--AIRWORTHINESS--REQUIREMENTS

           Division 2--Foreign operators

   29.     Damage etc to aircraft of a Contracting State  

           Division 3--Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities

   29A.    Interpretation  
   30.     Certificates of approval  
   30AA.   Provision of training and assessment in maintenance of aircraft etc.  
   30A.    Changes to certificates of approval  
   32.     Period during which certificates of approval remain in force  
   33.     Testing of competency of holder of licence or authority  
   33B.    Airworthiness authorities  
   33C.    Application for aircraft welding authority  
   33D.    Grant of aircraft welding authority  
   33E.    Recognised authorities  
   33F.    Duration of aircraft welding authority  
   33G.    Renewal of aircraft welding authority  
   33H.    Changes to aircraft welding authority  
   33I.    Conditions of aircraft welding authority  

           Division 4--Miscellaneous

   37.     Permissible unserviceabilities  

   PART 4A--MAINTENANCE

           Division 1--Maintenance directions by CASA

   38.     Maintenance directions  

           Division 2--Maintenance for which holder of certificate of registration responsible

              Subdivision 1--Class A aircraft

   39.     Maintenance required by approved system of maintenance  
   40.     Defective or inappropriate systems of maintenance  

              Subdivision 2--Class B aircraft

   41.     Maintenance schedule and maintenance instructions  
   42.     Defective or inappropriate maintenance schedule  
   42A.    Maintenance schedule: manufacturer's maintenance schedule  
   42B.    Maintenance schedule: CASA maintenance schedule  
   42C.    Maintenance schedule: approved system of maintenance  
   42CA.   Maintenance schedule--primary, intermediate, restricted or limited category aircraft  
   42CB.   Maintenance--experimental aircraft  
   42D.    Can there be more than one maintenance schedule?  
   42E.    Elections  
   42F.    Effect of change of holder of certificate of registration  

              Subdivision 3--Miscellaneous

   42G.    Flight control system: additional requirements  
   42H.    Exemptions and variations  

           Division 3--Approved systems of maintenance

   42J.    System of maintenance: request for approval  
   42K.    System of maintenance: submission to CASA  
   42L.    System of maintenance: matters to be included  
   42M.    System of maintenance: approval  
   42N.    When approval is effective  
   42P.    Request for approval of changes  
   42Q.    CASA may direct changes  
   42R.    Approval of changes  
   42S.    When approval of a change is effective  
   42T.    All changes must be approved  

           Division 4--How maintenance is to be carried out

   42U.    Modifications and repairs: approved designs  
   42V.    Maintenance: approved maintenance data  
   42W.    Installation and use of aircraft components in maintenance--Australian aircraft in Australian territory  
   42WA.   Requirements for authorised release certificate  
   42X.    Use of aircraft materials in maintenance--Australian aircraft in Australian territory  
   42Y.    Time - lifed aircraft components--exemption from supply under cover of document requirements  
   42Z.    Removable items of radiocommunications equipment in VFR aircraft--exemption from certification requirements  
   42ZA.   Use of aircraft components, aircraft materials etc in maintenance--Australian aircraft outside Australian territory  
   42ZB.   Exemptions and variations  

           Division 5--Who may carry out maintenance

   42ZC.   Maintenance on Australian aircraft in Australian territory  
   42ZD.   Maintenance on Australian aircraft outside Australian territory  

           Division 6--Certification of completion of maintenance

              Subdivision 1--Maintenance in Australian territory

   42ZE.   Certification of completion of maintenance on aircraft in Australian territory  
   42ZF.   Request for approval of system of certification  
   42ZG.   Approval of system of certification  
   42ZH.   When approval is effective  
   42ZJ.   Changes to an approved system of certification  
   42ZK.   Approval of changes  
   42ZL.   When approval of a change is effective  
   42ZM.   All changes must be approved  

              Subdivision 2--Maintenance outside Australian territory

   42ZN.   Certification of maintenance outside Australian territory  

              Subdivision 3--Miscellaneous

   42ZP.   Certification not to be made  

           Division 7--Exemptions from, and variations of, requirements

   42ZQ.   Requirements to which Division applies  
   42ZR.   Application for exemption from, or variation of, requirements  
   42ZS.   Granting of exemptions and approval of variations  
   42ZT.   When grant or approval is effective  
   42ZU.   Effect of grant of exemption or approval of variation  

           Division 8--Maintenance control manual and maintenance controller

   42ZV.   Maintenance controllers  
   42ZW.   Approval of maintenance controllers  
   42ZX.   Suspension or cancellation of approvals  
   42ZY.   Maintenance control manuals  
   42ZZ.   Maintenance control manuals: amendments  
   42ZZA.  Inspection of maintenance control manuals  

           Division 9--Maintenance releases

   43.     Maintenance releases in respect of Australian aircraft  
   43A.    Maintenance release to be available for inspection  
   43B.    Time - in - service to be recorded on maintenance release  
   44.     Conditions with respect to maintenance releases  
   45.     Suspension or cancellation of maintenance release  
   46.     Information to be passed to other persons  
   47.     Maintenance release to cease to be in force  
   48.     Maintenance release to recommence to be in force  
   49.     Permissible unserviceabilities to be endorsed on maintenance releases  
   50.     Defects and major damage to be endorsed on maintenance release  

           Division 10--Aircraft log books

   50A.    Aircraft log book  
   50B.    Alternative to aircraft log book or section of aircraft log book  
   50C.    Directions relating to aircraft maintenance records  
   50D.    Inspection of records  

           Division 11--Miscellaneous

   50E.    Inconsistent requirements--resolution of inconsistencies  
   50F.    Notice of maintenance to be given  
   50G.    Copying or disclosing CVR information  

   PART 4B--DEFECT--REPORTING

   51.     Reporting of defects in Australian aircraft--general  
   51A.    Reporting of defects in Australian aircraft: major defects  
   51B.    Defects discovered in complying with directions by CASA  
   52.     Defects discovered in aircraft components  
   52A.    How must reports to Authority be made?  
   52B.    Keeping of defective aircraft and aircraft components  
   53.     Investigation of defects of Australian aircraft  

   PART 4C--FLIGHT--MANUALS

   54.     Registered operators to maintain aircraft flight manuals  

   PART 4D--REMOVAL--OR ALTERATION OF DATA PLATES ETC.

   56.     Definitions for this Part  
   57.     Removal or alteration of manufacturer's data plate  
   58.     Removal or alteration of identification from heater assembly of manned free balloon or propeller  
   59.     Transfer of manufacturer's data plate to another aircraft etc prohibited  
   60.     Removal of manufacturer's data plates  

   PART 5--BALLOON--FLIGHT CREW LICENSING

           Division 5.1--Balloon flight crew licensing--preliminary

   5.01.   Definitions for Part 5  
   5.02.   What Part 5 is about  
   5.03.   Authorisation--performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence  

           Division 5.2--Balloon flight crew licensing--medical certificates

   5.04.   Medical certificate--balloon flight crew licence  
   5.05.   Medical certificate--CAR certificate of validation  
   5.07.   Medical certificate--flight tests  

           Division 5.3--Balloon flight crew licensing--licences, ratings and endorsements

   5.08.   Balloon flight crew licence--application  
   5.09.   Balloon flight crew licence--issue  
   5.13.   Balloon flight crew rating--application  
   5.14.   Balloon flight crew rating--issue  
   5.17.   Balloon flight crew rating--duration  
   5.18.   Balloon flight crew rating--authority and flight tests  
   5.19.   Balloon flight crew rating--flight tests  
   5.20.   Balloon flight crew rating--approval to give training  
   5.23.   Balloon class endorsement--issue  

           Division 5.4--Balloon flight crew licensing--certificates of validation

   5.27.   CAR certificate of validation--issue  
   5.30.   CAR certificate of validation--overseas balloon authorisation information to be entered  
   5.31.   CAR certificate of validation--effect  
   5.32.   CAR certificate of validation--period of validity  
   5.33.   CAR certificate of validation--offences  

           Division 5.5--Balloon flight crew licensing--general

   5.40.   Pilot acting in command under supervision  
   5.41.   Balloon flight crew licence--tests and examinations  
   5.42.   Balloon flight tests--CASA to be notified  
   5.50.   Authorisation to test balloon  
   5.51.   Personal log books  
   5.52.   What must be recorded in a personal log book?  
   5.53.   How long must a personal log book be retained?  
   5.54.   Evidence of identity--CASA's powers  
   5.54A.  Evidence of identity--examinations  
   5.56.   Balloon flight crew licence--production etc.  

           Division 5.6--Balloon flight crew licensing--balloon flying schools

   5.57.   Balloon flying schools--transfer of student records  
   5.58.   Balloon flying schools--chief balloon flying instructor  
   5.59.   Syllabuses of training  

           Division 5.7--Balloon flight crew licensing--flight radiotelephone operator licence

   5.61.   Flight radiotelephone operator licence--issue  
   5.62.   Flight radiotelephone operator licence--authorisation  
   5.63.   Flight radiotelephone operator licence--conduct of examination and test  

           Division 5.11--Balloon flight crew licensing--commercial pilot (balloon) licences

   5.138.  Commercial pilot (balloon) licence--qualifications  
   5.139.  Commercial pilot (balloon) licence--authorisation  
   5.140.  Commercial pilot (balloon) licence--authorisation: balloon classes  
   5.141.  Commercial pilot (balloon) licence--authorisation: balloon types  
   5.142.  Commercial pilot (balloon) licence--rating required  
   5.143.  Commercial pilot (balloon) licence--regular balloon flight reviews required  
   5.144.  Commercial pilot (balloon) licence--recent experience requirements  
   5.145.  Commercial pilot (balloon) licence--aeronautical experience required  
   5.146.  Commercial pilot (balloon) licence--balloon flying training required  
   5.147.  Commercial pilot (balloon) licence--flight tests  

   PART 9--AERODROMES

           Division 8--Use of aerodromes

   93.     Protection of certain rights  

           Division 9--Removal or marking of obstructions or other hazards

   94.     Dangerous lights  
   95.     Removal or marking of objects which constitute obstructions or potential hazards to air navigation  

   PART 10--AIR--TRAFFIC SERVICES AND OTHER SERVICES

           Division 1--Air Traffic Services

   105.    Temporary medical unfitness of holder of licence  
   115.    Medical unfitness of holder of licence  

   PART 14--AIR--SERVICE OPERATIONS

           Division 1--General

   206.    Prescribed purpose--miscellaneous  
   210A.   Flight time limitations  

           Division 2--Requirements to ensure the safety of commercial operations

   211.    Division 2 not to apply to New Zealand AOC holders with ANZA privileges  
   212.    Operator  
   213.    Organisation  
   214.    Training of maintenance personnel  

           Division 3--Conduct of operations

   224A.   Commercial operations carrying passengers--requirements if pilot in command 60 or more  
   235.    Take - off and landing of aircraft etc  

           Division 4--General provisions relating to the operation of aircraft

   262.    Carriage of examiners  

           Division 6--Operating limitations for aircraft certificated in certain categories and experimental aircraft

   262AK.  Application of this Division  
   262AN.  Limited category aircraft--approved organisations  

   PART 16--REFUSAL--TO GRANT, AND SUSPENSION AND CANCELLATION OF, APPROVALS, AUTHORITIES, CERTIFICATES AND LICENCES

   263.    Interpretation  
   264.    Refusal to grant certificate under Division 3 of Part 4  
   265.    Suspension of licence or authority for purpose of examination  
   267.    Variation of authority, certificate or licence at request of holder  
   269.    Variation, suspension or cancellation of approval, authority, certificate or licence  
   270.    Effect of effluxion of time for suspension of approval, authority, certificate or licence  
   272A.   Effect of suspension of approval, authority, certificate or licence  

   PART 17--PENAL--PROVISIONS AND PROSECUTIONS

           Division 1--Penal provisions

   282.    Offences in relation to licences, certificates and authorities  
   287.    Power of Court to order returns etc to be furnished  
   288.    Detention of aircraft  
   289.    Creation of fire hazard  
   290.    Firearms--Federal airports  
   291.    Stationary aircraft within precincts of an aerodrome  
   292.    Aircraft on movement area to be reported  
   293.    Removal of aircraft from movement area  
   294.    Prohibition of entry etc on prohibited area  

           Division 2--Prosecutions

   296.    Time for commencing prosecutions  

           Division 3--Infringement notices

   296A.   Definitions for Division 3 of Part 17  
   296B.   When can an infringement notice be served?  
   296C.   Can an infringement notice be withdrawn?  
   296D.   How are infringement notices and withdrawals of notices to be served?  
   296E.   What must be included in an infringement notice?  
   296F.   What happens if you pay the prescribed penalty?  
   296G.   Evidentiary matters  
   296H.   Can there be more than one infringement notice for the same offence?  
   296I.   What if payment is made by cheque?  
   296J.   This Division does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases  

   PART 18--EVIDENCE

   297.    Evidence  

   PART 19--MISCELLANEOUS

   297A.   Review of decisions  
   298A.   Cheating by examination candidates  
   298B.   Examination misconduct by persons other than examination candidates  
   298C.   Personation at examinations  
   298D.   Person not permitted to sit examination until Tribunal decides  
   298E.   Sitting examination when not permitted  
   299.    Further examination of holders of flight crew licences etc.  
   301.    Surrender of documents  
   302.    Production of licences  
   303.    Conditions subject to which licences or certificates are granted  
   304.    Directions and instructions--section 23 of the Act  
   305.    Access of authorised persons  
   306.    Liability for damage to aircraft during official tests  

   PART 20--TRANSITIONAL--PROVISIONS

           Division 1--Transitional provisions--miscellaneous

   312.    Definition  
   313.    Transitional: certificates of type approval  
   314.    Transitional: certificates of airworthiness  
   315.    Transitional: suspension of a certificate of airworthiness  
   318.    Transitional: certificates of approval  
   319.    Transitional: approval to manufacture amateur - built aircraft  
   320.    Transitional: suspension of certificate of approval  
   321.    Transitional: notices of events  
   325.    References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)  

           Division 2--Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR

   328.    Application of Part 4A to aircraft  
   330.    Application of Part 4B to aircraft  
   331.    Application of Part 4B to Part 145 organisations--dealing with defects  

           Division 3--Transitional provisions--amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (substitution of Part 5)

   333.    Certain civil aviation authorisations not affected by substitution of Part 5 on 1 September 2014  
   334.    Civil Aviation Orders for Part 5--balloons  
   335.    Civil Aviation Orders--flight time limitations  

           Division 4--Transitional provisions--amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

              Subdivision 1--Transitional provisions

   336.    References to certification of completion of maintenance and authorised release certificates (regulation 42W)  
   337.    Application of regulation 214 (Training of maintenance personnel)  

              Subdivision 2--Part 145 organisations approved to undertake CAR maintenance activities

   338.    Definition of approved system of certification of completion of maintenance  
   339.    Compliance with regulation 42G (Flight control system: additional requirements)  
   340.    Compliance with Division 4 of Part 4A (How maintenance is to be carried out)  
   341.    Who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory)  
   342.    Application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance)  
   343.    Compliance with Part 4B (Defect reporting)  
           SCHEDULE 5 CASA maintenance schedule
           SCHEDULE 6 CASA system of certification of completion of maintenance
           SCHEDULE 7 Maintenance that must not be carried out on a Class B aircraft by a person referred to in paragraph 42ZC(4)(b)
           SCHEDULE 8 Maintenance that may be carried out on a Class B aircraft by a person entitled to do so under subregulation 42ZC(4)
           SCHEDULE 9 Maintenance control manual and maintenance controller