Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.190

  (1)   An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateur - built aircraft category if:

  (a)   CASA or an authorised person has given an ABAA for the aircraft; and

  (b)   the aircraft complies with subsections   3 and 4 of section   101.28 of the Civil Aviation Orders; and

  (c)   approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and

  (d)   CASA or an authorised person finds, after inspection, that:

  (i)   the aircraft conforms with the data on the basis of which the ABAA was given; and

  (ii)   any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and

  (iii)   the aircraft is in a condition for safe operation.

  (1A)   In the case of an aircraft that is a rotorcraft, for the application of section   101.28 of the Civil Aviation Orders:

  (a)   a reference in that section to an aeroplane is taken to be a reference to an aircraft; and

  (b)   CASA may direct that a requirement of that section does not apply in a particular case.

  (2)   CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with:

  (a)   a maximum take - off weight not greater than 1500 kilograms; and

  (b)   not more than 4 seats; and

  (c)   if the aircraft is an aeroplane that is fitted with one or more type certificated engines:

  (i)   a stalling speed V S0 at maximum weight not exceeding 61 knots; or

  (ii)   if accurate data about the stalling speed is not available--a maximum wing loading not exceeding:

  (A)   65 kg/m 2 with a flap area of less than 6 percent gross wing area; or

  (B)   80 kg/m 2 with a flap area of at least 6 percent gross wing area; and

  (d)   if the aircraft is an aeroplane that is fitted with one or more non - type certificated engines:

  (i)   a stalling speed V S0 at maximum weight not exceeding 55 knots; or

  (ii)   if accurate data about the stalling speed is not available--a maximum wing loading not exceeding:

  (A)   55 kg/m 2 with a flap area of less than 6 percent gross wing area; or

  (B)   65 kg/m 2 with a flap area of at least 6 percent gross wing area.

  (3)   CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30   September 2000.