(1) Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft ), and that is shown to comply with the applicable certification requirements in subregulation (6).
(2) An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.
(3) Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards:
(a) mentioned in Part 33 or 35; or
(b) prescribed by the Part 21 Manual of Standards.
(4) CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination.
(5) CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft.
(6) Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027.
Table 21.027 Regulations that must be complied with for particular kinds of aircraft | ||
Date accepted for operational use by the Armed Force | Regulations that apply 1 | |
Small reciprocating - engine powered aeroplanes | Before May 16, 1956 | Civil Air Regulations Part 3, as effective May 15 1956 |
| After May 15, 1956 | Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 |
Small turbine - engine powered aeroplanes | Before Oct. 2, 1959 | Civil Air Regulations Part 3, as effective Oct. 1 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 |
Commuter category aeroplanes | After Feb. 17, 1987 | |
Large reciprocating - engine powered aeroplanes | Before Aug. 26, 1955 | Civil Air Regulations Part 4b, as effective Aug. 25, 1955 |
| After Aug. 25, 1955 | Civil Air Regulations Part 4b, or FARs Part 25, or CASR Part 25 |
Large turbine engine - powered aeroplanes | Before Oct. 2, 1959 | Civil Air Regulations Part 4b, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | |
Rotorcraft with a maximum certificated take - off weight of: |
|
|
2,722 kg or less | Before Oct. 2, 1959 | Civil Air Regulations Part 6, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 6, or FARs Part 27, or CASR Part 27 |
Over 2,722 kg | Before Oct. 2, 1959 | Civil Air Regulations Part 7, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 7, or FARs Part 29, or CASR Part 29. |
1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the relevant armed force. |
Source FARs section 21.27 modified.