Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNew primary category aircraft manufactured under a production certificate
(1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:
(a) does not conform to the type design; or
(b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or
(c) is not in a condition for safe operation.
Imported aircraft
(2) An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) the aircraft is in a condition for safe operation.
Aircraft having a current standard certificate of airworthiness
(3) An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft has a standard certificate of airworthiness; and
(b) the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and
(c) the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and
(d) the applicant meets the requirements mentioned in regulation 21.113A; and
(e) if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight--one of the following documents has been issued for the aircraft in relation to the maintenance:
(i) a certificate of release to service;
(ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and
(f) if Part 42 does not apply to the aircraft--a maintenance release is in force for the aircraft.
Other aircraft
(4) An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft:
(i) conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or
(ii) complies with the requirements prescribed by the Part 21 Manual of Standards; and
(b) the aircraft complies with all applicable airworthiness directives; and
(c) if Part 42 applies to the aircraft--an airworthiness review certificate is in force for the aircraft; and
(ca) if Part 42 does not apply to the aircraft--the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and
(d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(e) the aircraft is in a condition for safe operation.
(5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether:
(a) it conforms to the type design; and
(b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) it is in a condition for safe operation.
Multiple - category certification
(6) A multiple - category certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness.
Source FARs section 21.184 modified.