Commonwealth Numbered Regulations

CIVIL AVIATION AMENDMENT REGULATIONS 2005 (NO. 4) (SLI NO 321 OF 2005) - SCHEDULE 2

(regulation 4)

[1]           Regulation 262AK

substitute

262AK     Application of this Division

                This Division applies to an aircraft for which a special certificate of airworthiness has been issued under Part 21 of CASR.

Note    The kinds of aircraft to which this Division may apply include:

(a)   restricted, limited, intermediate and primary category aircraft; and

(b)   provisionally certificated aircraft; and

(c)   experimental aircraft; and

(d)   light sport aircraft.

[2]            After regulation 262AP

insert

262APA Light sport aircraft — operating limitations

         (1)   A person must not operate a light sport aircraft covered by regulation 21.186 of CASR unless:

                (a)    the aircraft is being operated for:

                          (i)    private operations; or

                         (ii)    conducting or undergoing flying training; or

                         (iii)    glider towing; and

               (b)    maintenance has been carried out on the aircraft in accordance with maintenance procedures issued by its manufacturer; and

                (c)    the aircraft has been inspected, in accordance with inspection procedures issued by its manufacturer, at least once:

                          (i)    in the case of an aircraft that is let on hire for a purpose mentioned in subparagraph (a) (i), (ii) or (iii) — every 100 hours TIS or every 12 months, whichever occurs first; and

                         (ii)    in any other case — every 12 months; and

               (d)    all modifications on the aircraft have been authorised by its manufacturer; and

                (e)    the person who operates the aircraft ensures that each person who boards the aircraft is told about the warning in subregulation (2) before the person boards the aircraft; and

                (f)    a placard bearing the warning in subregulation (2) is displayed inside the aircraft in a place where it is conspicuous to, and can easily be read by, each person in the aircraft.

Penalty:   50 penalty units.

         (2)   For paragraphs (1) (e) and (f), the warning is:

                        ‘ This aircraft was MANUFACTURED IN ACCORDANCE WITH LIGHT SPORT AIRCRAFT airworthiness STANDARDS AND does NOT conform to standard category airworthiness requirements ’.

         (3)   Unless otherwise approved by its manufacturer, a person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to:

                (a)    the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft’s equipment list); or

               (b)    a safety direction or requirement issued by its manufacturer.

Penalty:   50 penalty units.

         (4)   A person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to any additional operating limitation determined, in writing, by CASA for the aircraft in the interests of aviation safety.

Penalty:   50 penalty units.

         (5)   CASA must give a copy of a determination referred to in subregulation (4) to the registered operator of the aircraft concerned.

         (6)   An offence against subregulation (1), (3) or (4) is an offence of strict liability.

         (7)   In the case of an aircraft whose manufacturer no longer exists or can no longer provide instructions for the continuing airworthiness of the aircraft, anything required by a provision of this regulation to be done by its manufacturer can be done by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft.