Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.120B

Variations of supplemental type certificates

  (1)   The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller.

  (2)   The application may be made to:

  (a)   CASA; or

  (b)   an authorised person; or

  (c)   a relevant approved design organisation.

  (3)   Subject to regulation   11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that:

  (a)   either:

  (i)   the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations   21.101(1) and (2); or

  (ii)   the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations   21.101(1) and (2), but the non - compliance is compensated for by factors that provide an equivalent level of safety; and

  (b)   no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

  (4)   Subject to regulation   11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that:

  (a)   the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations   21.101(1) and (2); and

  (b)   no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

  (5)   Subregulation (6) applies if, under regulation   21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets:

  (a)   an applicable airworthiness requirement mentioned in subparagraph   (3)(a)(i); or

  (b)   the requirement mentioned in paragraph   (3)(b).

  (6)   If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

  (7)   For subregulation   (3), if an approved design organisation gives CASA a certificate under subregulation   (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

  (8)   Regulations   21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if:

  (a)   the application were an application for a type certificate under Subpart   21.B; and

  (b)   each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made.

Subpart   21.F -- Production under type certificate only

 


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