Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.004

Approvals and exclusions in relation to airworthiness directives

             (1)  A person may, in writing, ask CASA for:

                     (a)  an approval of a means of compliance other than that set out in an airworthiness directive; or

                     (b)  an exclusion from an airworthiness directive.

Particular aircraft or aeronautical products

             (2)  For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

                     (a)  approve, for a particular aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive ; or

                     (b)  exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive.

Kind of aircraft or aeronautical products

             (3)  For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

                     (a)  approve, for a particular kind of aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive ; or

                     (b)  exclude a particular kind of aircraft or aeronautical product from the operation of an airworthiness directive.

Decision making criteria

             (4)  When making a decision under subregulation (2) or (3), CASA must:

                     (a)  regard the preservation of a level of aviation safety that is at least acceptable as paramount; and

                     (b)  if a person makes a request under subregulation (1)--have regard to any reasons given in the request.

Approval or exclusion may be subject to conditions

             (6)  CASA may, in an instrument of approval or exclusion, provide that the approval or exclusion is subject to 1 or more specified conditions.

Operator must comply with conditions

             (7)  An instrument of approval or exclusion applies to a particular aircraft or aeronautical product only if the operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the approval or exclusion.



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