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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.704

Transitional authorisations

Scope

             (1)  This regulation applies if:

                     (a)  an instrument (the transitional instrument ) was made under these Regulations for the purposes of Part 139 or the old Part 139 Manual of Standards, or under the old Part 139 Manual of Standards, before the commencement time; and

                     (b)  the transitional instrument was in force immediately before the commencement time, or is expressed to commence at a later time; and

                     (c)  the transitional instrument would (apart from the amendments made by Schedule 1 to the Civil Aviation Safety Amendment (Part 139) Regulations 2019 , and the repeal of the old Part 139 Manual of Standards) have had the effect, on or after the commencement time, of authorising or allowing a person, in particular circumstances, to do a thing in relation to an aerodrome that the person would not otherwise have been authorised or allowed to do because of Part 139 of the old Part 139 Regulations or the old Part 139 Manual of Standards.

Example:    CASA EX128/19--Approved VASIS (Charter Operations--Relevant Runway Ends for Certified Aerodromes) Exemption 2019 . This transitional instrument was made under regulation 11.160, and exempted the aerodrome operators of certified aerodromes from compliance with subregulation 139.190(1) of the old Part 139 Regulations in relation to runway ends in particular specified circumstances. Immediately before the commencement time, the instrument had the effect that such operators were allowed not to provide an approved visual approach slope indicator system (VASIS) for runway ends in those circumstances.

Authorisation

             (2)  On and after the commencement time, or the time the transitional instrument is expressed to commence, whichever is later, until the end time for the transitional instrument, the person is authorised or allowed to do that thing in those circumstances:

                     (a)  despite any provision to the contrary in the new Part 139 Regulations or the new Part 139 Manual of Standards; but

                     (b)  subject to any conditions provided in the transitional instrument.

             (3)  The end time for a transitional instrument is the earliest of the following times:

                     (a)  if the instrument is, by its own terms, expressed to be repealed, or to cease to have effect, at a particular time--that time;

                     (b)  if paragraph (a) does not apply--the end of 31 December 2021;

                     (c)  in any case:

                              (i)  if the instrument is repealed--the time the repeal takes effect; or

                             (ii)  if the instrument cannot be repealed because it lapsed at the commencement time--a time determined for the instrument by a determination under subregulation (4).

             (4)  CASA may, by legislative instrument, determine a time for an instrument for the purposes of subparagraph (3)(c)(ii).

             (5)  This regulation does not apply to an instrument that is:

                     (a)  an aerodrome certificate; or

                     (b)  a certification of an air/ground radio service; or

                     (c)  a certification of a person as the operator of an air/ground radio service.

Subpart 202.FYH -- Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

   



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