CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.416 Approvals taken to be granted

Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.416

Approvals taken to be granted

(1) If

(a) a flight of an aircraft occurs after the main commencement time; and

(b) an instrument (the old instrument ) mentioned in column 2 of an item in the following table applies in relation to the flight , or would have applied in relation to the flight if the amending Regulations had not been made; and

(d) the old instrument:

(i) is in force immediately before the main commencement time; or

(ii) is made, or is taken to be made, after the main commencement time as a result of the operation of a provision of this Division;

then, for the purposes of the provision mentioned in column 3 of the item, after the main commencement time, an approval under regulation 91.045 for the activity or thing mentioned in column 4 of the item is taken to be granted to the person mentioned in column 5 of the item in relation to the flight.

Note: For the definition of eligible instrument , see 202.405A.

Approved activities where old instrument applies
Item
Column 1
Column 2
Column 3
Column 4
Column 5

Subject
Old instrument
Provision of new Regulations
Approved activity or thing
Approved person
1
VFR flights in class A airspace
An approval under subregulation
99AA(3) of the old CAR to conduct a flight as a VFR flight in class A airspace
Paragraph
91.285(1)(b)
To conduct the flight as a VFR flight in class A airspace
The pilot in command of the aircraft
2
Towing of things by aircraft
Permission or an approval under regulation 149 of the old CAR to tow a thing by an aircraft
Paragraph
91.210(2)(a)
To tow the thing during the flight
The pilot in command of the aircraft
3
Aerobatic manoeuvres over populous area
Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre over a populous area
Subparagraph 91.185
(2)(b)(i)
To conduct the aerobatic manoeuvre during the flight over the populous area
The pilot in command of the aircraft
4
Aerobatic manoeuvres at air display
Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre at a public gathering
Subparagraph 91.185
(2)(b)(ii)
To conduct the aerobatic manoeuvre during the flight at an air display performed before the public gathering
The pilot in command of the aircraft
5
Formation flying at night
An approval under subparagraph
163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight at night
Paragraph
91.205(2)(b)
To fly in formation at night during the flight
The pilot in command of the aircraft
6
Formation flying in IMC
An approval under subparagraph
163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight in IMC
Paragraph
91.205(3)(b)
To fly in formation in IMC during the flight
The pilot in command of the aircraft
7
Carriage on wings, undercarriage etc. for non - aerial work operations
Permission under subregulation
250(2) of the old CAR for the carriage of a person on or in a part of an aircraft during a flight not involving an aerial work operation
Paragraph
91.200(1)(b)
To carry a person on or in:
(a) a part of the aircraft that is not designed to carry crew members or passengers; or
(b) a thing attached to the aircraft;
during the flight
Both:
(a) the operator of the aircraft; and
(b) the pilot in command of the aircraft
8
Aerodrome meteorological minima for landing or taking - off
An exemption under regulation 11.160 from compliance with subregulation
257(3) or (4) of the old CAR
Subparagraphs
91.315(1)(b)(i) and (ii)
To conduct a low - visibility operation at an aerodrome during the flight
Both:
(a) the operator of the aircraft; and
(b) the pilot in command of the aircraft
9
Carriage of people in provisionally certificated aircraft
An authorisation for a person to be carried in an aircraft for the purposes of paragraph
262AO(11)(a) of the old CAR
Subparagraph 91.865
(2)(b)(ii)
For the carriage of the person covered by the authorisation mentioned in column 2
The holder of the provisional certificate of airworthiness for the aircraft
10
Experimental aircraft
An authorisation for an aircraft to be operated over the built up area of a city or town for the purposes of subregulation
262AP(5) of the old CAR
Paragraph
91.875(2)(f)
To conduct the flight over a populous area
The holder of the experimental certificate for the aircraft
11
Experimental aircraft
An approval under paragraph
262AP(6)(b) of the old CAR for the operation of an experimental aircraft other than under the VFR by day
Subparagraph 91.875
(2)(e)(ii)
To conduct the flight other than by day and under the VFR
The holder of the experimental certificate for the aircraft
12
Experimental aircraft
An approval under paragraph
262AP(8)(a) of the old CAR for an experimental aircraft to carry a specified number of passengers that is more than 6
Paragraph
91.885(a)
To carry on board the aircraft up to the number of passengers specified in the approval mentioned in column 2
The holder of the experimental certificate for the aircraft

Approved activities where old instrument applies
1	VFR flights in class A airspace	An approval under subregulation 99AA(3) of the old CAR to conduct a flight as a VFR flight in class A airspace	Paragraph 91.285(1)(b)	To conduct the flight as a VFR flight in class A airspace	The pilot in command of the aircraft
2	Towing of things by aircraft	Permission or an approval under regulation 149 of the old CAR to tow a thing by an aircraft	Paragraph 91.210(2)(a)	To tow the thing during the flight	The pilot in command of the aircraft
3	Aerobatic manoeuvres over populous area	Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre over a populous area	Subparagraph 91.185 (2)(b)(i)	To conduct the aerobatic manoeuvre during the flight over the populous area	The pilot in command of the aircraft
4	Aerobatic manoeuvres at air display	Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre at a public gathering	Subparagraph 91.185 (2)(b)(ii)	To conduct the aerobatic manoeuvre during the flight at an air display performed before the public gathering	The pilot in command of the aircraft
5	Formation flying at night	An approval under subparagraph 163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight at night	Paragraph 91.205(2)(b)	To fly in formation at night during the flight	The pilot in command of the aircraft
6	Formation flying in IMC	An approval under subparagraph 163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight in IMC	Paragraph 91.205(3)(b)	To fly in formation in IMC during the flight	The pilot in command of the aircraft
7	Carriage on wings, undercarriage etc. for non - aerial work operations	Permission under subregulation 250(2) of the old CAR for the carriage of a person on or in a part of an aircraft during a flight not involving an aerial work operation	Paragraph 91.200(1)(b)	To carry a person on or in: (a) a part of the aircraft that is not designed to carry crew members or passengers; or (b) a thing attached to the aircraft; during the flight	Both: (a) the operator of the aircraft; and (b) the pilot in command of the aircraft
8	Aerodrome meteorological minima for landing or taking - off	An exemption under regulation 11.160 from compliance with subregulation 257(3) or (4) of the old CAR	Subparagraphs 91.315(1)(b)(i) and (ii)	To conduct a low - visibility operation at an aerodrome during the flight	Both: (a) the operator of the aircraft; and (b) the pilot in command of the aircraft
9	Carriage of people in provisionally certificated aircraft	An authorisation for a person to be carried in an aircraft for the purposes of paragraph 262AO(11)(a) of the old CAR	Subparagraph 91.865 (2)(b)(ii)	For the carriage of the person covered by the authorisation mentioned in column 2	The holder of the provisional certificate of airworthiness for the aircraft
10	Experimental aircraft	An authorisation for an aircraft to be operated over the built up area of a city or town for the purposes of subregulation 262AP(5) of the old CAR	Paragraph 91.875(2)(f)	To conduct the flight over a populous area	The holder of the experimental certificate for the aircraft
11	Experimental aircraft	An approval under paragraph 262AP(6)(b) of the old CAR for the operation of an experimental aircraft other than under the VFR by day	Subparagraph 91.875 (2)(e)(ii)	To conduct the flight other than by day and under the VFR	The holder of the experimental certificate for the aircraft
12	Experimental aircraft	An approval under paragraph 262AP(8)(a) of the old CAR for an experimental aircraft to carry a specified number of passengers that is more than 6	Paragraph 91.885(a)	To carry on board the aircraft up to the number of passengers specified in the approval mentioned in column 2	The holder of the experimental certificate for the aircraft

Terms of approval

(2) For the purposes of regulation 11.056, the approval is taken to have been granted on the condition that any terms or conditions of the old instrument are complied with.

(3) The approval ceases at the earliest of the following:

(a) the day (if any) specified in the old instrument as the day on which the old instrument ceases to be in force;

(b) the second anniversary of the day the old instrument was made that occurs after the main commencement time;

(c) if the operator of the aircraft is the holder of an AOC and the old instrument applies in relation to the operations authorised by the AOC--the day the operator's AOC expires;

(d) if the operator of the aircraft is the holder of an aerial work certificate and the old instrument applies in relation to the operations authorised by the aerial work certificate--the day the operator's aerial work certificate expires;

(e) if the operator of the aircraft is the holder of a Part 141 certificate and the old instrument applies in relation to the operations authorised by the Part 141 certificate--the day the operator's Part 141 certificate expires.

(4) Subregulation 11.056(2) (conditions to be set out) does not apply in relation to the approval.

Effect of suspension

(5) If the old instrument has been suspended and the suspension is in force immediately before the main commencement time, then:

(a) disregard the suspension for the purposes of subparagraph (1)(d)(i); and

(b) the approval taken to be granted under subregulation (1) is taken to be suspended; and

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Approved activities where old instrument applies
Item	Column 1	Column 2	Column 3	Column 4	Column 5
	Subject	Old instrument	Provision of new Regulations	Approved activity or thing	Approved person
1	VFR flights in class A airspace	An approval under subregulation 99AA(3) of the old CAR to conduct a flight as a VFR flight in class A airspace	Paragraph 91.285(1)(b)	To conduct the flight as a VFR flight in class A airspace	The pilot in command of the aircraft
2	Towing of things by aircraft	Permission or an approval under regulation 149 of the old CAR to tow a thing by an aircraft	Paragraph 91.210(2)(a)	To tow the thing during the flight	The pilot in command of the aircraft
3	Aerobatic manoeuvres over populous area	Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre over a populous area	Subparagraph 91.185 (2)(b)(i)	To conduct the aerobatic manoeuvre during the flight over the populous area	The pilot in command of the aircraft
4	Aerobatic manoeuvres at air display	Permission under paragraph 155(4)(b) of the old CAR to conduct an aerobatic manoeuvre at a public gathering	Subparagraph 91.185 (2)(b)(ii)	To conduct the aerobatic manoeuvre during the flight at an air display performed before the public gathering	The pilot in command of the aircraft
5	Formation flying at night	An approval under subparagraph 163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight at night	Paragraph 91.205(2)(b)	To fly in formation at night during the flight	The pilot in command of the aircraft
6	Formation flying in IMC	An approval under subparagraph 163AA(1)(c)(ii) of the old CAR to fly an aircraft in formation flight in IMC	Paragraph 91.205(3)(b)	To fly in formation in IMC during the flight	The pilot in command of the aircraft
7	Carriage on wings, undercarriage etc. for non - aerial work operations	Permission under subregulation 250(2) of the old CAR for the carriage of a person on or in a part of an aircraft during a flight not involving an aerial work operation	Paragraph 91.200(1)(b)	To carry a person on or in: (a) a part of the aircraft that is not designed to carry crew members or passengers; or (b) a thing attached to the aircraft; during the flight	Both: (a) the operator of the aircraft; and (b) the pilot in command of the aircraft
8	Aerodrome meteorological minima for landing or taking - off	An exemption under regulation 11.160 from compliance with subregulation 257(3) or (4) of the old CAR	Subparagraphs 91.315(1)(b)(i) and (ii)	To conduct a low - visibility operation at an aerodrome during the flight	Both: (a) the operator of the aircraft; and (b) the pilot in command of the aircraft
9	Carriage of people in provisionally certificated aircraft	An authorisation for a person to be carried in an aircraft for the purposes of paragraph 262AO(11)(a) of the old CAR	Subparagraph 91.865 (2)(b)(ii)	For the carriage of the person covered by the authorisation mentioned in column 2	The holder of the provisional certificate of airworthiness for the aircraft
10	Experimental aircraft	An authorisation for an aircraft to be operated over the built up area of a city or town for the purposes of subregulation 262AP(5) of the old CAR	Paragraph 91.875(2)(f)	To conduct the flight over a populous area	The holder of the experimental certificate for the aircraft
11	Experimental aircraft	An approval under paragraph 262AP(6)(b) of the old CAR for the operation of an experimental aircraft other than under the VFR by day	Subparagraph 91.875 (2)(e)(ii)	To conduct the flight other than by day and under the VFR	The holder of the experimental certificate for the aircraft
12	Experimental aircraft	An approval under paragraph 262AP(8)(a) of the old CAR for an experimental aircraft to carry a specified number of passengers that is more than 6	Paragraph 91.885(a)	To carry on board the aircraft up to the number of passengers specified in the approval mentioned in column 2	The holder of the experimental certificate for the aircraft