Commonwealth Numbered Regulations

CIVIL AVIATION AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 166 - SCHEDULE 2

(regulation 4)

Part 1 Amendments commencing on gazettal

[1] Subregulation 2 (1)

insert

"design standard" means:

(a)

a design standard in force under regulation 21 or 21A; or

(b)

a design standard (however described) identified in:

(i)

a type certificate; or

(ii)

a type acceptance certificate; or

(iii)

a supplemental type certificate: or

(iv)

an Australian Parts Manufacturer Approval issued under subregulation 21.303 (9) of CAR 1998; or

(v)

an Australian Technical Standard Order mentioned in paragraph 21.601 (2) (a) of CAR 1998.

[2] Regulation 21

substitute

(1)

CASA may issue a design standard for an aircraft for which no appropriate design standard is in force.

(2)

However, CASA must issue a design standard for an aircraft for which no appropriate design standard is in force if a person applies under regulation 35 for approval of the design of a modification or repair of the aircraft.

(3)

A design standard must state the specifications with which CASA considers the aircraft should comply to ensure that it is capable of being flown safely in normal operations in accordance with these regulations. 21A Design standards for aircraft components

(1)

CASA may issue a design standard for an aircraft component for which no appropriate design standard is in force.

(2)

However, CASA must issue a design standard for an aircraft component for which no appropriate design standard is in force if:

(a)

the person applies under regulation 35 for approval of the design of a modification or repair of a component; or

(b)

a person applies under regulation 36 for approval of a component.

(3)

A design standard must state the specifications with which CASA considers the component should comply to ensure that the aircraft fitted with the component is capable of being flown safely in normal operations in accordance with these regulations.

[3] Paragraph 30 (2C) (c)

after

activities:

insert

(i)

the design of aircraft;

(ii)

the design of aircraft components;

(iii)

the design of aircraft materials;

[4] Paragraph 36 (2) (b)

omit

21

insert

21A

[5] Subparagraph 42U (a) (ii)

omit

25 or

[6] Paragraph 43 (7) (b)

omit

under a special flight permit issued under regulation 21.197 of CAR 1998, or

[7] Regulation 135

omit

An

insert

Subject to regulation 135A, an

[8] After regulation 135

insert

(1)

An aircraft to which regulation 135 applies may be operated without the certificate of airworthiness mentioned in paragraph 135 (b) if a special flight authorisation for the operation is issued under this regulation.

(2)

A person may apply to CASA for a special flight authorisation for an aircraft that possesses the nationality of a Contracting State.

(3)

An application for a special flight authorisation must be in a form and manner acceptable to CASA.

(4)

CASA may issue the authorisation subject to the conditions (if any) that CASA considers necessary for the safety of other airspace users and persons on the ground or water.

(5)

Any conditions imposed under this regulation must be in writing and set out in, or attached to, the authorisation.

(6)

A person must not contravene a condition of a special flight authorisation.

Penalty:
50 penalty units.

Source
FARs section 91.715 modified.

[9] Subparagraph 206 (1) (b) (i)

omit

under a special flight permit under regulation 21.197 of CAR 1998

insert

for an operation mentioned in subregulation 262AM (7)

[10] Paragraph 262AL (1) (a)

substitute

(a)

in a special purpose operation for which a special certificate of airworthiness in the restricted category is in force for the aircraft under regulation 21.185 of CAR 1998; or

[11] Subregulation 297A (1), definition of reviewable decision , after paragraph (s)

insert

(sa)

a decision by CASA under subregulation 262AN (1) not to approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189 (3) of CAR 1998; or

(sb)

a decision by CASA under subregulation 135A (4) not to issue a special flight authorisation; or

[12] After regulation 317

insert

A design standard for an aircraft component that was in force under regulation 21 immediately before the commencement of this regulation is taken to be a design standard issued under regulation 21A.

[13] Subregulation 318 (1)

substitute

(1)

A certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials that was in force under regulation 30 on 30 November 1998:

(a)

continues in force for 5 years after 30 November 1998; and

(b)

has the effect during that period that it would have if the original regulations were still in force; and

(c)

for Subparts H and L of CAR 1998 — has the same effect during that period as a production certificate issued under regulation 21.134 of CAR 1998.

Part 2 Amendments commencing 1 December 1999

[1] Subregulation 262AM (6)

substitute

(6)

For paragraph (4) (c), the warning is:

`WARNING

PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK

THIS AIRCRAFT HAS BEEN DESIGNED FOR SPECIAL OPERATIONS AND IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT'.

[2] Subregulation 262AP (9)

substitute

(9)

For paragraph (8) (c), the warning is:

`WARNING

PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK

THIS AIRCRAFT IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT

CASA DOES NOT SET AIRWORTHINESS STANDARDS FOR EXPERIMENTAL AIRCRAFT'.

insert

(1)

A person is taken to comply with paragraph 262AM (4) (c) if the placard:

(a)

bears the warning stated in subregulation 262AM (6) in force immediately before the commencement of this regulation; and

(b)

is displayed in accordance with paragraph 262AM (4) (c); and

(c)

was displayed in accordance with that paragraph immediately before the commencement of this regulation.

(2)

A person is taken to comply with paragraph 262AP (8) (c) if the placard:

(a)

bears the warning stated in subregulation 262AP (9) in force immediately before the commencement of this regulation; and

(b)

is displayed in accordance with paragraph 262AP (8) (c); and

(b)

was displayed in accordance with paragraph 262AP (8) (c) immediately before the commencement of this regulation.