Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 35

35. (1) A person may apply to the Authority or an authorised person for
approval of the design of a modification or repair of:

   (a)  an aircraft or aircraft included in a type of aircraft; or

   (b)  an aircraft component or aircraft components included in a type of
        aircraft component.

(2) Where an applicant under subregulation (1):

   (a)  furnishes to the Authority or the authorised person such evidence
        relating to the design to which the application relates (including
        evidence of the effect of the design on the safety of an aircraft) as
        the Authority or the authorised person requires; and

   (b)  satisfies the Authority or the authorised person that the design
        conforms with any relevant design standard in force under regulation
        21 in respect of the type of aircraft or aircraft component to which
        the application relates; the Authority or the authorised person shall
        give approval to the design.

(3) Where the Authority or an authorised person, in considering an application
for approval of a design of a modification or repair under sub-regulation (1),
is not satisfied that the design will not affect the safety of an aircraft,
the Authority or the authorised person may, if the applicant so requests,
authorise: (a) the making of the modification or repair to a particular
aircraft; or

   (b)  the making of the modification or repair to a particular aircraft
        component and the fitting of that aircraft component to a particular
        aircraft; as the case may be, with a view to an application being made
        under regulation 134 for permission to test the aircraft in flight to
        discover whether or not the making of the modification or repair has
        adversely affected the safety of the aircraft.

(4) An authorisation under subregulation (3) shall be in writing and shall
include a statement that the authorisation is given for the purpose of testing
the aircraft to which the modification or repair is to be made or to which the
aircraft component concerned is to be fitted, as the case may be.

(5) For the purpose of carrying out maintenance in accordance with an
authority given under subregulation (3), the design of the modification or
repair concerned shall be deemed to have been approved under subregulation
(2).

(6) Where:

   (a)  the results of a test referred to in subregulation (3) are furnished
        to the Authority or to an authorised person; and

   (b)  having regard to those results, the Authority or the authorised person
        is satisfied that the design concerned will not adversely affect the
        safety of an aircraft; the Authority or the authorised person, as the
        case may be, shall give approval to the design.

(7) The Authority or an authorised person may, for the purpose of ensuring the
safety of air navigation, include in an approval given under this regulation a
requirement that a specified thing to be done in accordance with the design is
to be done by a specified person or by a person included in a specified class
of persons, being an appropriate person for the purposes of regulation 39 or
an employee of such an appropriate person.