Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:
(a) the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that are effective on the date of application for that certificate unless:
(i) otherwise specified by CASA; or
(ii) compliance with later effective amendments is elected or required under this regulation; and
(b) any special conditions imposed under regulation 21.016.
(2) For special classes of aircraft (airships and other non - conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those airworthiness standards.
(3) An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years, unless an applicant shows, before the application lapses, that the aircraft requires a longer period of time for design, development, and testing, and CASA approves a longer period.
(4) If an application ceases to be effective, the applicant may:
(a) file a new application for a type certificate and comply with all the provisions of subregulation (1) applicable to an original application; or
(b) file for an extension of the original application and comply with the applicable airworthiness requirements of these Regulations that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type certificate by the time limit established under subregulation (3) for the original application.
(5) If an applicant elects to comply with an amendment to these Regulations or the Part 21 Manual of Standards, or to any matter incorporated by reference in these Regulations, that is effective after the filing of the application for a type certificate, the applicant must also comply with any other amendment or incorporated matter that CASA considers is directly related to the application.
(6) For primary category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.
(7) For intermediate category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.
(8) If an airworthiness standard has been agreed by CASA or one of its predecessors after 30 September 1993 as a response to a design advice mentioned in section 100.3 or 100.6 of the Civil Aviation Orders, the standard continues to apply until 5 years after the date of approval of the design advice, unless the applicant elects to comply with a later standard.
Source FARs section 21.17 modified.