CASA EX76/17 Exemption and directions — Design of temporary modifications or repairs for an aircraft that is to be operated under a special flight permit (Cth)

Instrument number CASA EX76/17

I, Graeme Mills crawford, Aviation Group Manager, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Aviation Group Manager

4 July 2017

Exemption and directions — Design of temporary modifications or repairs for an aircraft that is to be operated under a special flight permit

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 30 June 2020.

2          Application

                 This exemption applies in relation to approval of a design, and of the technical data for the design, of temporary modifications or repairs that do not fully meet the applicable airworthiness standards for the design for subregulation 21.009 (2) and regulation 21.437 of CASR.

3          Exemption

                 An authorised person or an approved design organisation (an approver) is exempt from the requirements of subregulation 21.009 (2) and regulations 21.436 and 21.437 of CASR if:

(a)   a person (the applicant) submits to an approver a design, or technical data for a design, in connection with an application for temporary modifications or repairs to an aircraft under regulation 21.405; and

(b)   the aircraft is to be operated under a special flight permit associated with the design for a purpose mentioned in regulation 21.197 of CASR (the CASR 21.197 purpose).

4          Directions

        (1)     CASA directs the approver to:

(a)   impose any limitation, condition, or requirement to do a specified thing in relation to the approval that is necessary to ensure the safety of air navigation; and

(b)   specify any person, including the applicant, who the approver requires to comply with the limitation, condition or requirement.

        (2)     CASA directs the approver to state on an approval:

(a)   any limitation, condition or requirement imposed for paragraph (1) (a); and

(b)   the name of any person who the approver requires to comply with the limitation, condition or requirement for paragraph (1) (b).

        (3)     CASA directs the approver to reject the application if the approver is not satisfied that the aircraft, after it has been modified or repaired in accordance with the design, can reasonably be expected to be capable of safe flight for the CASR 21.197 purpose.

        (4)     CASA directs a person specified by the approver in accordance with paragraph (1) (b) to comply with any limitation, condition or requirement specified for the person in paragraph (1) (a).

5          Condition

                 The approver must take into account any relevant consideration, including all hazards and risks relating to the safe operation of the flight for the CASR 21.197 purpose before approving the design.