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CIVIL AVIATION AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 166 - SCHEDULE 1
Amendments of the Civil Aviation Regulations 1998
(regulation 3)
[1] Subregulation 21.2B (2)
substitute
- (2)
- If the
decision is to refuse the application, CASA or the authorised person must also
give the applicant written reasons for the decision.
Note
Regulation 201.4
provides for review of certain decisions by the Administrative Appeals
Tribunal.
[2] Subregulation 21.3 (1)
omit
subregulation (4)
insert
subregulation (5)
[3] Subregulation 21.3 (1)
omit
subregulation (3)
insert
subregulation (4)
[4] Subregulation 21.3 (2)
omit
subregulation (3)
insert
subregulation (4)
[5] After paragraph 21.12 (a)
insert
- (aa)
- Federal Republic of Germany;
[6] Regulation 21.19
omit
Source
FARs section 21.1 modified.
insert
Source
FARs section 21.19 modified.
[7] Subparagraph 21.24 (1) (a) (i)
omit
V S0 of 61 knots or less
insert
61 knots or less V S0 stall speed as
defined in FARs section 23.49
[8] Subparagraph 21.25 (1) (b)
(i)
omit
a category mentioned in paragraph 21.175 (a)
insert
the
normal, utility, acrobatic, commuter or transport category,
[9] Subparagraph
21.26 (1) (a) (i)
omit
V S0 of 61 knots or less
insert
61 knots
or less V S0 stall speed as defined in FARs section 23.49
[10] Paragraph
21.29A (a)
after
certificate
insert
or equivalent document
[11]
Subregulation 21.33 (3)
omit
V S0 of 45 knots or less
insert
45 knots
or less V S0 stall speed as defined in FARs section 23.49
[12]
Subregulation 21.41 (1), definition of type certificate
substitute
"type certificate", for an aircraft, aircraft engine or propeller, means a
type certificate issued by CASA under regulation 21.13A or 21.29 certifying
that the aircraft, aircraft engine or propeller meets the airworthiness
standard mentioned for it in the certificate.
[13] Paragraph 21.81 (1) (b)
omit
regulation 262AE
insert
regulation 262AO
[14] Paragraph 21.83 (1) (b)
omit
regulation
262AE
insert
regulation 262AO
[15] Paragraph 21.83 (2) (b)
omit
regulation 262AE
insert
regulation 262AO
[16] Subregulation 21.85 (5)
omit
regulation 262AE
insert
regulation 262AO
[17] Subregulation 21.101
(4)
after
For
insert
subregulation (3), for
[18] Paragraph 21.117
(2) (a)
after
type certificate
insert
or type acceptance certificate
[19] Part 21, Subpart H, heading
substitute
Subpart H Certificates of
airworthiness (except provisional certificates of airworthiness) and special
flight permits [20] Regulation 21.171
after
airworthiness
insert
(except
provisional certificates of airworthiness)
[21] After subregulation 21.173
(2)
insert
- (3)
- In this regulation:
certificate of airworthiness does not
include a provisional certificate of airworthiness or an experimental
certificate.
[22] Regulation 21.176, heading
substitute
21.176 Issue of certain
certificates of airworthiness
[23] Subregulation 21.176 (1)
omit
(except an experimental certificate)
[24] Subregulation 21.176 (2)
omit
(except an experimental certificate)
[25] Subregulation 21.176 (5), penalty
substitute
Penalty:
50 penalty
units.
[26] After subregulation 21.176 (5)
insert
- (6)
- In this
regulation:
certificate of airworthiness does not include a provisional
certificate of airworthiness or an experimental certificate.
[27] Regulation 21.181, heading
substitute
21.181 Duration of certain
certificates of airworthiness
[28] Subregulation 21.183 (1)
omit everything after
an authorised
person
insert
decides that the aircraft:
- (a)
- does not conform to the type design; or
- (b)
- has been modified or repaired otherwise than in accordance with approved
maintenance data; or
- (c)
- is not in a condition for safe operation.
[29] Subregulation 21.183 (2)
omit
or an authorised person
[30]
Paragraph 21.183 (2) (a)
substitute
- (a)
- conforms to the type
design, has had any modifications or repairs carried out in accordance with
approved maintenance data, and is in a condition for safe operation; and
[31] Subregulation 21.183 (3)
omit everything after
is satisfied
insert
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 approved maintenance data; and
- (c)
- the aircraft is in a condition for safe operation.
[32] Subregulation 21.183 (4)
substitute
- (4)
- An applicant for a
standard certificate of airworthiness for aircraft not covered by
subregulation (1), (2) or (3) is entitled to the certificate if:
- (a)
- the
aircraft:
- (i)
- has a type design approved under a type certificate or a supplemental type
certificate; or
- (ii)
- if there is no type certificate or supplemental type certificate for the
aircraft is of a type or model that has previously been issued a
certificate of airworthiness in the category applied for; and
- (b)
- the aircraft complies with any applicable airworthiness directives; and
- (c)
- the aircraft (except an experimentally certificated aircraft that
previously had been issued a different certificate of airworthiness under this
regulation) has been inspected for the issue of a maintenance release; and
- (d)
- CASA or an authorised person is satisfied that:
- (i)
- the aircraft conforms to the type design (if any); and
- (ii)
- any modifications or repairs to the aircraft have been carried out in
accordance with approved maintenance data; and
- (iii)
- the aircraft is in a condition for safe operation.
[33] Paragraph 21.183 (5) (b)
substitute
- (b)
- any modifications or
repairs to it have been carried out in accordance with approved maintenance
data; and
- (c)
- it is in a condition for safe operation.
[34] Subregulation 21.184 (1)
omit everything after
is entitled to the
certificate
insert
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 approved
maintenance data; or
- (c)
- is not in a condition for safe operation.
[35] Subregulation 21.184 (2)
omit everything after
after inspection,
insert
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 approved maintenance data; and
- (c)
- the aircraft is in a condition for safe operation.
[36] Paragraph 21.184 (4) (d)
substitute
- (d)
- any modifications or
repairs to the aircraft have been carried out in accordance with approved
maintenance data; and
- (e)
- the aircraft is in a condition for safe operation.
[37] Paragraph 21.184 (5) (b)
substitute
- (b)
- any modifications or
repairs to it have been carried out in accordance with approved maintenance
data; and
- (c)
- it is in a condition for safe operation.
[38] Subregulation 21.184A (1)
omit everything after
is entitled to the
certificate
insert
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 approved
maintenance data; or
- (c)
- is not in a condition for safe operation.
[39] Paragraph 21.184A (2) (d)
substitute
- (d)
- any modifications or
repairs to the aircraft have been carried out in accordance with approved
maintenance data; and
- (e)
- the aircraft is in a condition for safe operation.
[40] Paragraph 21.184A (3) (b)
substitute
- (b)
- any modifications
or repairs to it have been carried out in accordance with approved maintenance
data; and
- (c)
- it is in a condition for safe operation.
[41] Subregulations 21.185 (2) and (3)
substitute
Imported aircraft
- (2)
- An applicant for the original issue of a restricted category certificate
of airworthiness for an imported aircraft type certificated only in the
restricted category under regulation 21.29 or 21.29A is entitled to a
certificate of airworthiness if CASA or an authorised person is satisfied
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 approved maintenance data; and
- (c)
- the aircraft is in a condition for safe operation.
Other aircraft
- (3)
- An applicant for a special certificate of airworthiness for an aircraft
type certificated in the restricted category, that was a surplus aircraft of
the Defence Force, or of an armed force of Canada, the United Kingdom or the
United States of America, or was previously certificated in another category,
is entitled to the certificate if CASA or an authorised person is satisfied,
after inspection, that the aircraft is in a good state of preservation and
repair and is in a condition for safe operation.
- (3A)
- Subregulation (3B) applies to an aircraft:
- (a)
- that is type
certificated in the normal, utility, acrobatic, commuter or transport
category; and
- (b)
- that has been modified for 1 or more of the special purpose operations
mentioned in regulation 21.25; and
- (c)
- the modifications to which have been carried out in accordance with:
- (i)
- approved maintenance data; or
- (ii)
- a supplemental type certificate.
- (3B)
- An applicant for a special certificate of airworthiness for an aircraft
to which this subregulation applies is entitled to the certificate as if the
aircraft were type certificated in the restricted category if CASA or an
authorised person finds, after inspection, that:
- (a)
- the aircraft meets the
requirements of the normal utility, acrobatic, commuter or transport category
except the requirements that CASA or the authorised person considers are
inappropriate for the special purpose for which the aircraft is to be used;
and
- (b)
- the aircraft can reasonably be expected to be safe for its intended use
when it is operated under any conditions limiting its intended use.
[42] Paragraph 21.185 (4) (b)
substitute
- (b)
- any modifications or
repairs to it have been carried out in accordance with approved maintenance
data; and
- (c)
- it is in a condition for safe operation.
[43] Paragraph 21.190 (1) (d)
substitute
- (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 approved maintenance data; and
- (iii)
- the aircraft is in a condition for safe operation.
[44] Subregulation 21.195A (2)
substitute
- (2)
- CASA or an authorised
person must issue the certificate subject to the conditions (if any) that CASA
or the authorised person considers necessary for the safety of other airspace
users and persons on the ground or water.
[45] Subregulation 21.197 (1)
omit
CASA or an authorised person may issue a special flight permit
insert
A special flight permit may be issued
[46] Subregulation 21.197 (3)
after
special flight permit
insert
, except a special flight permit issued
for a purpose mentioned in paragraph (1) (b),
[47] Paragraph
21.221 (1) (b)
omit
regulation 262AE
insert
regulation 262AO
[48] Subregulation 21.221 (5)
omit
regulation 262AE
insert
regulation
262AO
[49] Paragraph 21.223 (1) (b)
omit
regulation 262AE
insert
regulation 262AO
[50] Subregulation 21.223 (6)
omit
regulation 262AE
insert
regulation 262AO
[51] Paragraph 21.225 (1) (b)
omit
regulation 262AE
insert
regulation 262AO
[52] Subregulation 21.225 (5)
omit
regulation 262AE
insert
regulation 262AO
[53] Paragraph
21.327 (4) (d)
omit
approval.
insert
approval; or
[54] After
paragraph 21.327 (4) (d)
insert
- (e)
- a product for which the
importing country does not require the weight and balance report mentioned in
paragraph (6) (b).
[55] Paragraph 21.327 (6) (b)
before
a weight and balance report
insert
unless the importing country does not require it,
[56] Subregulation
21.329 (6)
after
CASA
insert
or an authorised person
[57]
Subregulation 21.331 (1)
after
CASA
insert
or an authorised person
[58] Subregulation 21.333 (1)
after
CASA
insert
or an authorised
person
[59] Paragraphs 21.500 (2) (a) and (b)
substitute
- (a)
- the
aircraft engine or propeller:
- (i)
- is manufactured:
(A) in a recognised country; or
(B) under a manufacturing approval (however described) issued
by a recognised country; or
(C) in a foreign country with which Australia has an
agreement for the acceptance of the aircraft engine or
propeller for export and import; or
- (ii)
- forms part of
a type design for which a type certificate or a type
acceptance certificate is in force under these
regulations, or a certificate of type approval is in
force under CAR 1988; and
- (b)
- the aircraft engine or propeller conforms to a valid type certificate, is
in a condition for safe operation and has been subjected to a final
operational check by the manufacturer; and
- (c)
- an airworthiness approval (however described), issued under the law of the
foreign country, is in force certifying the matters mentioned in paragraphs
(a) and (b).
[60] Paragraphs 21.502 (1) (a) and (b)
substitute
- (a)
- the
material, part or appliance:
- (i)
- is manufactured:
(A) in a recognised country; or
(B) under a manufacturing approval (however described) issued
by a recognised country; or
(C) in a foreign country with which Australia has an
agreement for the acceptance of the material, part or
appliance for export and import; or
- (ii)
- forms part of
a type design for which a type certificate or a type
acceptance certificate is in force under these
regulations, or a certificate of type approval is in
force under CAR 1988; and
- (b)
- the material, part or appliance conforms to an aeronautical specification
appropriate to the proposed use and is in a condition for safe operation; and
- (c)
- an airworthiness approval (however described), issued under the law of the
foreign country, is in force certifying the matters mentioned in paragraphs
(a) and (b).
[61] Subregulation 21.502A (3)
after
if CASA
insert
or the authorised
person
[62] Paragraph 21.605 (2) (c)
omit
regulation 21.143
insert
regulations 21.143 and 21.144
[63] Subregulation 21.609 (3)
omit
subregulation
insert
regulation
[64] Subregulation 21.617 (3)
omit
subregulation 21.607 (d)
insert
paragraph 21.607 (c)
[65] Part
27, heading
substitute
Part 27 Airworthiness standards for rotorcraft in the
normal category [66] Regulation 27.1
omit
helicopters
insert
rotorcraft
[67] Paragraph 200.13 (1) (f)
after
complies with
insert
, or is
being flown, in accordance with a flight test program approved by CASA or an
authorised person, to show compliance with
[68] Paragraph 201.4 (b)
omit
permit.
insert
permit; or
[69] After paragraph 201.4 (b)
insert
- (c)
- under regulation 21.43 not to consider an application.
[70] Dictionary
insert
approved maintenance data see CAR 1988, regulation
2A.
"incidental provisions", of an instrument, or part of an instrument,
mentioned in these regulations, means the provisions of the instrument, or
part, that are not airworthiness standards.
[71] Dictionary, definition of
certificate of airworthiness
substitute
certificate of airworthiness means a
standard certificate of airworthiness or a special certificate of
airworthiness.
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