CASA EX100/09 Exemption design of modification or repair (Cth)

Instrument number CASA EX100/09

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

19 November 2009

Exemption — design of modification or repair

1           Duration

                This instrument:

(a)     commences on 1 December 2009; and

(b)     stops having effect at the end of 30 November 2011.

2           Application

This exemption applies to approval of design of temporary modifications or repairs that do not fully meet the relevant design standards for an operation under the special flight permit provisions in paragraphs 21.197 (1) (a) and (b) and subregulation 21.197 (2) of the Civil Aviation Safety Regulations 1998 (CASR 1998).

3           Exemption

An authorised person, in relation to regulation 35 of CAR 1988, is exempt from the requirements of subregulation 35 (2) of CAR 1988 to the extent mentioned in Schedule 1.

4           Conditions

                The exemption is subject to the conditions in Schedule 2.

Schedule 1             Extent of exemption

                The exemption extends to the requirement that an authorised person be satisfied that a design conforms with any relevant design standard in respect of the type of aircraft or aircraft component.

Schedule 2             Conditions

        1      An authorised person must take into account any relevant consideration, including all hazards and risks, relating to the safe operation of the intended flight before approving the design of temporary modifications or repairs.

        2      An authorised person may impose limitations or conditions on the approval or require that a specified thing be done to ensure the safety of air navigation.

3 An authorised person must state on the approval that an aircraft with a temporary modification or repair made to it must only be operated in accordance with the requirements of a special flight permit issued under regulation 21.200 of CASR 1998.

        4      An authorised person before approving a design of modification or repair must take into account any relevant guidance or advisory material issued by at least one of the following:

(a)      CASA;

(b)     the type certificate holder;

(c)      NAA of the State of the type design.

        5      The authorised person must also take into account industry best practice for the design.