Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.436

Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety

             (1)  This regulation applies if:

                     (a)  an application for a modification/repair design approval is made to an authorised person or approved design organisation; and

                     (b)  the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards.

             (2)  If the authorised person or approved design organisation is approved to make an equivalent level of safety determination, the authorised person or approved design organisation must:

                     (a)  determine whether the non-compliance is compensated for by factors that provide an equivalent level of safety; or

                     (b)  apply to CASA for a determination under subregulation (6) of whether the non-compliance is compensated for by factors that provide an equivalent level of safety.

             (3)  If the authorised person or approved design organisation determines that the non-compliance is compensated for by factors that provide an equivalent level of safety, the authorised person or approved design organisation must give CASA written notice of the following:

                     (a)  that the design does not comply with the standard;

                     (b)  that the non-compliance is compensated for by factors that provide an equivalent level of safety;

                     (c)  how the non-compliance is compensated for.

             (4)  If CASA receives a notice under subregulation (3), CASA must:

                     (a)  decide whether or not CASA agrees with the determination; and

                     (b)  give the authorised person or approved design organisation written notice of its decision.

             (5)  If the authorised person or approved design organisation is not approved to make an equivalent level of safety determination, the authorised person or approved design organisation must apply to CASA for a determination of whether the non-compliance is compensated for by factors that provide an equivalent level of safety.

             (6)  If CASA receives an application under paragraph (2)(b) or subregulation (5), CASA must:

                     (a)  determine whether the non-compliance is compensated for by factors that provide an equivalent level of safety; and

                     (b)  give the authorised person or approved design organisation written notice of CASA's determination.



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