Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.190

Special certificates of airworthiness--amateur-built category aircraft accepted under an ABAA

             (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.



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