Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1998No. 235 1

__________________

Civil Aviation Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Civil Aviation Act 1988.

Dated 15 July 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

mark vaile

Minister for Transport and Regional Development

____________

1.   Commencement

1.1   Regulations 9 and 22 commence on 1 December 1998.

1.2   The remainder of these regulations commence on 1 October 1998.

2.   Amendment

2.1   These regulations amend the Civil Aviation Regulations.

3.   Regulation 1 (Citation)

3.1   Omit the regulation, substitute:

Name of regulations

 “1. These regulations are the Civil Aviation Regulations 1988.”.

4.   Regulation 2 (Interpretation)

4.1   Subregulation 2 (1):

Insert the following definitions:

“CAR 1998 means the Civil Aviation Regulations 1998.

experimental aircraftmeans an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CAR 1998.

provisionally certificated aircraftmeans an aircraft for which a provisional certificate of airworthiness is in force.

these regulations includes CAR 1998.”.

4.2   Subregulation 2 (1), definition of certificate of airworthiness:

Omit the definition, substitute:

“certificate of airworthiness means a certificate of airworthiness issued under regulation 21.176 of CAR 1998.”.

4.3   Subregulation 2 (1), definition of certificate of type approval:

Omit the definition, substitute:

“certificate of type approval means a certificate of type approval continued in force under regulation 313 or a type certificate issued under regulation 21.13A or 21.29 of CAR 1998.”.

5.   New regulation 2C

5.1   After regulation 2B, insert:

How to read CAR 1998

 “2C.(1) CAR 1998 is to be read with, and as if it formed part of, these regulations.

 “(2) However,if there is any inconsistency between these regulations and CAR 1998, CAR 1998 prevails to the extent of the inconsistency.”.

6.   Regulation 16 (Nationality and registration marks)

6.1   Subregulation 16 (6A):

Omit “paragraph 134 (3) (d)”, substitute “subregulation 317 (2) of these regulations or subregulation 21.197 (5) of CAR 1998”.

7.   Part IV, Division 1 (Design Standards and Certificates of Type Approval)

7.1   Omit the division, substitute:

“Division 1—Design standards

Design standards

 “21.(1) CASA may issue a design standard for an aircraft component for which no appropriate design standard is in force under this regulation.

 “(2) However, CASA must issue a design standard for an aircraft component for which no appropriate design standard is in force under this regulation if:

• (a)

  a 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 an aircraft fitted with the component is capable of being flown safely in normal operations in accordance with these regulations.”.

8.   Part IV, Division 2 (Certificates of Airworthiness)

8.1   Omit the division.

9.   Regulation 30 (Certificates of approval)

9.1   Subregulation 30 (1):

Omit “manufacture,”.

9.2   Subparagraphs 30 (2C) (c) (i), (ii), (iii), (iv), (v) and (vi):

Omit the subparagraphs.

10.   Regulation 35 (Approval of design of modification or repair)

10.1   Subregulation 35 (3):

Omit “regulation 134”, substitute “regulation 21.192 of CAR 1998”.

10.2   Subregulation 35 (8):

Omit the subregulation.

11.   Regulation 36 (Approval of aircraft components for use as replacements)

11.1   Subregulation 36 (3):

Omit “regulation 134”, substitute “regulation 21.192 of CAR 1998”.

12.   New regulations 42CA and 42CB

12.1   After regulation 42C, insert:

Maintenance schedule—primary, intermediate, restricted or limited category aircraft

 “42CA.(1) The maintenance schedule for a class B aircraft certificated under subpart B or H of Part 21 of CAR 1998 in the primary, intermediate, restricted or limited category (except an aircraft mentioned in subparagraph 21.189 (1) (a) (ii) of CAR 1998) is the approved maintenance schedule developed in consultation with CASA during the certification process.

 “(2) The maintenance schedule for an aircraft mentioned in subparagraph 21.189 (1) (a) (ii) of CAR 1998 is the approved maintenance schedule developed, in consultation with CASA, by the applicant for the special certificate of airworthiness for the aircraft under regulation 21.189 of CAR 1998.

 “(3)For this regulation, an aircraft is certificated in a particular category if it was manufactured in accordance with a type certificate in the category, or if a certificate of airworthiness in the category is in force for the aircraft.

Maintenance—experimental aircraft

 “42CB.The holder of the certificate of registration for a class B aircraft that is an experimental aircraft must maintain the aircraft in accordance with any conditions to which the certificate is subject under regulation 21.195A of CAR 1998.”.

13.   Regulation 42W (Installation and use of aircraft components in maintenance—Australian aircraft in Australian territory)

13.1   After sub-subparagraph 42W (2) (b) (iii) (A), insert:

• “(AA)

  in an Australian Parts Manufacturer Approval issued under regulation 21.303 of CAR 1998; or”.

14.   Regulation 42ZQ (Requirements to which Division applies)

14.1   Subregulation 42ZQ (2), definition of related document, paragraphs (b) and (c):

Omit the paragraphs, substitute:

• “(b)

  a direction issued by CASA under regulation 38 or 44, or a direction in force under subregulation 314 (3); or

• (c)

  a document or design that:

  • (i)

    was approved under regulation 35; or

  • (ii)

    forms part of a certificate of type approval; or”.

15.   Regulation 43 (Maintenance releases in respect of Australian aircraft)

15.1   Subregulation 43 (7) (b):

Omit the paragraph, substitute:

• “(b)

  for a maintenance release for a flight under a special flight permit issued under regulation 21.197 of CAR 1998, or under a permission to fly in force under subregulation 317 (1)—the completion of any maintenance required under a condition of the permit, or under a direction in relation to the permit or permission, has been certified under regulation 42ZE or 42ZN.”.

16.   Regulation 133 (Conditions to be met before Australian aircraft may fly)

16.1   Subregulation 133 (1):

Omit “Subject to subregulation (2) and to regulation 134”, substitute “Subject to subregulation (2), regulation 317 of these regulations and regulation 21.197 of CAR 1998”.

17.   Regulation 134 (Permission for certain flights)

17.1   Omit the regulation.

18.   Regulation 139 (Documents to be carried in Australian aircraft)

18.1   Subregulation 139 (1):

Omit “Subject to this regulation and to regulation 134”, substitute “Subject to subregulation (2), regulation 317 of these regulations and regulation 21.197 of CAR 1998”.

19.   Regulation 206 (Commercial purposes (Act, s 27 (9)))

19.1   Subparagraph 206 (1) (a) (vi):

Omit the subparagraph, substitute:

• “(vi)

  flying training, other than conversion training or training carried out under an experimental certificate issued under regulation 21.195A of CAR 1998 or under a permission to fly in force under subregulation 317 (1);”.

19.2   Subparagraph 206 (1) (b) (i):

Omit the subparagraph, substitute:

• “(i)

  the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals or carriage under a special flight permit under regulation 21.197 of CAR 1998 or under a permission to fly in force under subregulation 317 (1);”.

19.3   After subregulation 206 (1), insert:

 “(1A) However, the commercial purposes prescribed by subregulation (1) do not include:

• (a)

  carrying passengers for hire or reward in accordance with subregulation 262AM (7); or

• (b)

  carrying out an activity under paragraph 262AM (2) (g) or 262AP (2) (d).”.

20.   New Division 6

20.1   Add at the end of Part XIII:

“Division 6—Operating limitations for aircraft certificated in certain categories and experimental aircraft

Application of this Division

 “262AK. This Division applies to aircraft certificated under Part 21 of CAR 1998 in the restricted, limited, provisional, primary or intermediate category, and to experimental aircraft.

Restricted category aircraft—operating limitations

 “262AL.(1) A person must not operate a restricted category aircraft except:

• (a)

  in a special purpose operation for which it is type certificated under regulation 21.25 of CAR 1998; or

• (b)

  in an operation permitted under subregulation (2).

Penalty:

 50 penalty units.

 “(2)A restricted category aircraft may be used for any of the following operations in support of a special purpose operation for which it is type certificated under regulation 21.25 of CAR 1998:

• (a)

  participation in an air display;

• (b)

  taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place or has taken place during an air display;

• (c)

  practice in flying the aircraft for participation in an air display;

• (d)

  taking the aircraft to or from a place where maintenance on the aircraft may be done, or has been done;

• (e)

  testing the aircraft after maintenance;

• (f)

  training a person to qualify for an aircraft endorsement for an aircraft of the type or category in which the aircraft is included;

• (g)

  pilot proficiency training or practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated;

• (h)

  carrying out a demonstration or test of the aircraft for sale;

• (i)

  delivering the aircraft to a person under a contract of sale;

• (j)

  an operation necessary to accomplish the special purpose operation.

 “(3) A person must not operate a restricted category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:

 50 penalty units.

“(4) Subregulation (3) does not prohibit the following:

• (a)

  carrying a person on a special purpose operation for which the aircraft is type certificated, if the person performs an essential function in the operation or is needed to accomplish the work activity directly associated with the special purpose;

• (b)

  carrying a flight crew member for the purpose of giving the flight crew member training in carrying out a special purpose operation for which the aircraft is type certificated;

• (c)

  carrying material on a special purpose operation for which the aircraft is type certificated, if the material is needed to carry out the special purpose operation or the work activity associated with it.

 “(5) The operator and the pilot in command of a restricted category aircraft must ensure that a person is not carried on the aircraft unless the person:

• (a)

  is a flight crew member; or

• (b)

  is a flight crew member under training; or

• (c)

  performs an essential function in a special purpose operation for which the aircraft is type certificated; or

• (d)

  is needed to accomplish the work activity directly associated with that special purpose.

Penalty:

 50 penalty units.

 “(6) The operator of a restricted category aircraft must display the word ‘restricted’ on the aircraft in capital letters at least 5cm, and not over 15cm, high in a way that is conspicuous to, and can be easily read by, a person entering the aircraft.

Penalty:

 10 penalty units.

 “(7) A person must not operate a restricted category aircraft unless a shoulder harness is installed for each seat located at a flight crew member station, and each seat located beside a seat at a flight crew member station.

Penalty:

 25 penalty units.

Limited category aircraft—operating limitations

“262AM.(1)A person must not operate a limited category aircraft except:

• (a)

  in a special purpose operation for which a special certificate of airworthiness in the limited category is in force under regulation 21.189 of CAR 1998; or

• (b)

  in an operation permitted under subregulation (2).

Penalty:

 50 penalty units.

 “(2) A limited category aircraft may be used for any of the following operations in support of a special purpose operation for which the special certificate of airworthiness was issued:

• (a)

  participation in an air display;

• (b)

  taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place, or has taken place, during an air display;

• (c)

  practice flying of the aircraft for participation in an air display;

• (d)

  taking the aircraft to or from a place where maintenance on the aircraft is to be done, or has been done;

• (e)

  testing the aircraft after maintenance;

• (f)

  training a person to qualify for an aircraft endorsement for an aircraft of the type or category in which the aircraft is included;

• (g)

  practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated;

• (h)

  carrying out a demonstration or test of the aircraft for sale;

• (i)

  delivering the aircraft to a person under a contract of sale;

• (j)

  an operation necessary to accomplish the special purpose operation.

 “(3) Except as permitted by subregulation (7), a person must not operate a limited category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:

 50 penalty units.

 “(4) A person must not operate a limited category aircraft carrying a passenger unless:

• (a)

  no more than 6 (or a greater number approved by CASA or an authorised person) people are on board; and

• (b)

  the operator or the pilot in command ensures that each passenger is told about the matters mentioned in subregulation (5):

  • (i)

    if the passenger is being carried as permitted under subregulation (7) and pays for the flight before boarding the aircraft—before the passenger pays for the flight; or

  • (ii)

    in any other case—before the passenger boards the aircraft; and

• (c)

  a placard bearing the warning stated in subregulation (6) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft.

Penalty: 50 penalty units.

 “(5) For paragraph (4) (b), the matters about which a passenger must be told are that:

• (a)

  the design, manufacture, and airworthiness of the aircraft are not required to meet any standard recognised by CASA; and

• (b)

  CASA does not require the aircraft to be operated to the same degree of safety as an aircraft on a commercial passenger flight; and

• (c)

  the passenger flies in the aircraft at his or her own risk.

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

‘WARNING

THIS AIRCRAFT IS NOT REQUIRED TO COMPLY WITH THE SAFETY REGULATIONS FOR STANDARD AIRCRAFT.

YOU FLY IN THIS AIRCRAFT AT YOUR OWN RISK.’.

 “(7) A person may carry passengers in a limited category aircraft in circumstances where payment is made for carriage, and subregulation 2 (7A) does not apply, only if:

• (a)

  the pilot in command holds a commercial pilot licence, or an air transport pilot licence, with appropriate ratings and endorsements for a flight of that kind; and

• (b)

  the aircraft departs from and returns to the same aerodrome without landing anywhere else; and

• (c)

  the flight does not involve training or flight testing, and is not a scenic flight; and

• (d)

  the aircraft:

  • (i)

    is a replica aircraft, ex-military aircraft or historic aircraft; or

  • (ii)

    is being operated for the purpose of parachute jumping, mock combat or aerobatics; or

  • (iii)

    is being operated only to carry passengers as part of an intrinsically hazardous recreational activity; and

• (e)

  each passenger has acknowledged in writing that the passenger has been told about the matters mentioned in subregulation (5).

Penalty:

 50 penalty units.

 “(8) The aircraft operator:

• (a)

  must keep an acknowledgment required under paragraph (7) (e) for at least 3 months; and

• (b)

  must not keep it in an aircraft.

Penalty: 10 penalty units.

 “(9) The operator of a limited category aircraft must display the word ‘limited’ on the aircraft in capital letters at least 5cm, and not over 15cm, high in a way that is conspicuous to, and can be easily read by, a person entering the aircraft.

Penalty:

 10 penalty units.

“(10) A limited category aircraft must not be operated over the built-up area of a city or town unless:

• (a)

  CASA or an authorised person has assigned it, under subregulation (14), a permit index of 0; or

• (b)

  CASA or an authorised person has assigned it a permit index of 1 and:

  • (i)

    it is only flown over the area to the least extent necessary to allow it to take off from, or land at, a particular aerodrome, or follow a procedure approved by CASA or an authorised person for the safety of other airspace users and persons on the ground or water; and

  • (ii)

    if it is using an aerodrome in a capital city—it follows an access route approved by CASA or an authorised person for the purpose; or

• (c)

  CASA or an authorised person has approved it to do so.

Penalty:

 50 penalty units.

“(11) In considering whether to grant an approval under paragraph (10) (c), CASA or the person authorised under that paragraph must take into account the aircraft’s permit index and anything else CASA or the authorised person considers relevant for the safety of other airspace users and persons on the ground or water.

“(12) A person must not operate a limited category aircraft in another country’s airspace except in accordance with the approval of the appropriate authority of the country.

Penalty:

 10 penalty units.

 “(13)A person must not operate a limited category aircraft for a purpose mentioned in paragraph 206 (1) (a) unless the person is the holder of an appropriate AOC. 

Penalty:

 10 penalty units.

 “(14) CASA or an authorised person must assign a permit index (that is, a whole number between 0 and 3) in accordance with Advisory Circular 21.25 issued by CASA, as in force at the commencement of this regulation, to a limited category aircraft for the purpose of applying appropriate safety conditions to the operation of the aircraft.

Approved organisations

 “262AN.(1)CASA may 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 if CASA is satisfied that the organisation:

• (a)

  is suitable, and has enough suitably qualified and competent personnel, to ensure that the administration of relevant aircraft operations, airworthiness assessments and continuing airworthiness procedures can be properly carried out; and

• (b)

  has suitable practices, procedures, limitations and conditions to control the operation and ensure that the operational and airworthiness activities that it is to administer are conducted safely; and

• (c)

  has engaged, employed or contracted a chief executive who has authority and responsibility for ensuring that all activities carried out by the organisation are done with a reasonable degree of care and diligence.

 “(2) However, CASA may approve an organisation under subregulation (1) only if the organisation produces and keeps up to date a manual, or manuals, acceptable to CASA, that:

• (a)

  is or are consistent with these regulations; and

• (b)

  documents the practices, procedures, limitations and conditions mentioned in paragraph (1) (b).

 “(3) Unless CASA otherwise approves, a person must not operate a limited category aircraft except in accordance with a manual produced by an organisation approved under subregulation (1).

Penalty:

 50 penalty units.

Provisionally certificated aircraft—operating limitations

 “262AO. (1)A person must not operate a provisionally certificated aircraft unless the person is the holder of the provisional certificate of airworthiness for that aircraft.

Penalty:

 50 penalty units.

 “(2) A person must not operate a provisionally certificated aircraft in another country’s airspace except in accordance with the approval of the appropriate authority of the country.

Penalty:

 10 penalty units.

 “(3) A person must not operate a provisionally certificated aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:

 50 penalty units.

 “(4) A person must not operate a provisionally certificated aircraft except:

• (a)

  to obtain type or supplemental type certification for the aircraft; or

• (b)

  for training flight crews, including simulated operations of the type mentioned in paragraph 206 (1) (b) or (c); or

• (c)

  for a demonstration flight by the manufacturer for prospective purchasers; or

• (d)

  for market surveys by the manufacturer; or

• (e)

  for flight checking of instruments, accessories, and items of equipment that do not affect the basic airworthiness of the aircraft; or

• (f)

  for service testing of the aircraft.

Penalty:

 50 penalty units.

 “(5) A person operating a provisionally certificated aircraft must operate within the limitations displayed in the aircraft or stated in the provisional aircraft flight manual or other appropriate document.

 “(6)However, when operating the aircraft during its type certification or supplemental type certification, the person must operate under the limitations applying to experimental aircraft under regulation 262AP and, when flight testing it, must comply with regulation 262AS.

Penalty:

 50 penalty units.

 “(7) A person operating a provisionally certificated aircraft must establish approved procedures for:

• (a)

  use by, and guidance of, flight and ground personnel in operating under this regulation; and

• (b)

  landing at and taking-off from aerodromes where take‑offs or approaches over populated areas are necessary.

Penalty:

 50 penalty units.

 “(8) A person operating a provisionally certificated aircraft must comply with the approved procedures.

Penalty:

 50 penalty units.

 “(9) A person operating a provisionally certificated aircraft must ensure that each flight crew member is properly licensed and rated, and has adequate knowledge of and familiarity with, the aircraft and procedures to be used by the crew member.

Penalty:

 50 penalty units.

 “(10) A person operating a provisionally certificated aircraft must maintain it in accordance with a maintenance program approved under regulation 21.81 or 21.83 of CAR 1998.

Penalty:

 50 penalty units.

 “(11) A person operating a provisionally certificated aircraft:

• (a)

  must not carry anyone in the aircraft who does not have a proper interest in the operations allowed by this regulation, or who is not specifically authorised by both the manufacturer, and by CASA or an authorised person, to be carried; and

• (b)

  must tell each person carried that the aircraft is provisionally certificated.

Penalty:

 50 penalty units.

 “(12) A person operating a provisionally certificated aircraft must ensure that the word ‘provisional’ is displayed on the aircraft in capital letters at least 5cm, and not over 15cm, high in a way that is conspicuous to, and can be easily read by, a person entering the aircraft.

Penalty:

 10 penalty units.

Experimental aircraft—operating limitations

 “262AP.(1)  A person must not operate an aircraft for which an special certificate of airworthiness is in force under regulation 21.195A of CAR 1998, except:

• (a)

  for a purpose for which the certificate was issued; or

• (b)

  in an operation permitted under subregulation (2).

Penalty:

 50 penalty units.

 “(2)   An experimental aircraft may be used for any of the following operations in support of an operation for which the special certificate of airworthiness was issued:

• (a)

  taking the aircraft to or from a place where maintenance on the aircraft can be done, or has been done;

• (b)

  testing the aircraft after maintenance;

• (c)

  training a person to qualify for an aircraft endorsement on the aircraft;

• (d)

  practice in flying the aircraft;

• (e)

  carrying out a demonstration or test of the aircraft for sale;

• (f)

  delivering the aircraft to a person under a contract of sale;

• (g)

  for an amateur-built or kit-built aircraft—flying training given in the aircraft to its owner.

 “(3) A person must not operate an experimental aircraft outside the area assigned for the purpose by CASA or an authorised person, and must not carry persons other than essential crew in the aircraft, until it is shown that it:

• (a)

  is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and

• (b)

  has no hazardous operating characteristics or design features.

Penalty:

 50 penalty units.

“(4)A person must not operate an experimental aircraft over the built-up area of a city or town unless authorised under subregulation (5).

Penalty:  50 penalty units.

 “(5) CASA or an authorised person may authorise a particular aircraft to be operated over the built-up area of a city or town subject to the conditions and limitations CASA or the authorised person considers necessary for the safety of other airspace users and persons on the ground or water.  

 “(6) A person operating an experimental aircraft must operate it only under Visual Flight Rules, and only by day, unless otherwise authorised by CASA or an authorised person.

Penalty:

 50 penalty units.

 “(7) A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:

 50 penalty units.

 “(8)A person must not operate an experimental aircraft carrying a passenger unless:

• (a)

  no more than 6 (or a greater number approved by CASA or an authorised person) people are on board; and

• (b)

  the operator or the pilot in command ensures that each person carried is told before boarding the aircraft that:

  • (i)

    the design, manufacture, and airworthiness of the aircraft is not required to meet any standards recognised by CASA; and

  • (ii)

    persons fly in the aircraft at their own risk; and

• (c)

  a placard bearing the warning stated in subregulation (9) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft.

Penalty:

 50 penalty units.

 “(9) For paragraph (8) (c), the warning is as follows:

‘WARNING

THIS AIRCRAFT IS NOT REQUIRED TO COMPLY WITH THE SAFETY REGULATIONS FOR STANDARD AIRCRAFT.

YOU FLY IN THIS AIRCRAFT AT YOUR OWN RISK.’.

 “(10) The operator of an experimental aircraft must display the word ‘experimental’ on the aircraft in capital letters at least 5cm, and not over 15cm, high in a way that is conspicuous to, and can be easily read by, a person entering the aircraft.

Penalty:

 10 penalty units.

 “(11) A person must not operate an experimental aircraft in another country’s airspace except in accordance with the approval of the appropriate authority of the country.

Penalty:

 10 penalty units.

 “(12)A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (a) unless the person is the holder of an appropriate AOC.  

Penalty:

 10 penalty units.

Primary category aircraft—operating limitations

 “262AQ.(1) A person must not operate a primary category aircraft in aerial work operations (except flying training) or for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:

 50 penalty units.

 “(2) A person may make a primary category aircraft available for rental only:

• (a)

  if it is maintained by a LAME or an approved maintenance organisation; and

• (b)

  for personal use or flying training.

Penalty:

 50 penalty units.

“(3) A person must not operate a primary category aircraft that is not maintained by a LAME or an approved maintenance organisation unless:

• (a)

  the aircraft is maintained by the pilot-owner under an approved special inspection and maintenance program; and

• (b)

  the pilot-owner has a certificate of competency to maintain the aircraft issued by an organisation holding an appropriate certificate of approval under regulation 30; and

• (c)

  the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and

• (d)

  the pilot-owner is not paid and does not receive other compensation for the use of the aircraft.

Penalty:

 50 penalty units.

Intermediate category aircraft—operating limitations

 “262AR.(1)A person must not operate an intermediate category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c) unless the person is the holder of an appropriate AOC.

Penalty:

 50 penalty units.

 “(2) A person may make an intermediate category aircraft available for rental only:

• (a)

  if it is maintained by a LAME or an approved maintenance organisation; and

• (b)

  for personal use or flying training.

Penalty:

 50 penalty units.

“(3) A person must not operate an intermediate category aircraft that is not maintained by a LAME or an approved maintenance organisation unless:

• (a)

  the aircraft is maintained by the pilot-owner under an approved special inspection and maintenance program; and

• (b)

  the pilot-owner has a certificate of competency to maintain the aircraft issued by an organisation holding an appropriate certificate of approval under regulation 30; and

• (c)

  the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and

• (d)

  the pilot-owner does not receive payment for the use of the aircraft.

Penalty:

 50 penalty units.

Where aircraft may be flight tested

 “262AS. A person must not flight test an aircraft except over open water, or sparsely populated areas, with light air traffic.

Penalty: 50 penalty units.”.

21.   New regulations 312 to 317

21.1   After regulation 311, insert:

Definition

 “312. In this Part:

original regulations means these regulations as in force immediately before the commencement of this regulation.

Transitional:

certificates of type approval

 “313. (1) A certificate of type approval for an aircraft, or an aircraft engine or propeller, that was in force under regulation 22 immediately before the commencement of this regulation continues in force as if it were a type certificate issued under regulation 21.13A or 21.29 of CAR 1998.

 “(2)A certificate of type approval for an aircraft that was in force under regulation 22A immediately before the commencement of this regulation continues in force as if it were a type acceptance certificate issued under regulation 21.29A of CAR 1998.

 “(3)A certificate of type approval for an aircraft component (other than an aircraft engine or propeller) that was in force under regulation 22 immediately before the commencement of this regulation continues in force, and has the effect it would have if the original regulations were still in force.

 “(4) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before the commencement of this regulation.

 “(5) If the suspension of a certificate of type approval continued in force under this regulation was in force under regulation 22D immediately before the commencement of this regulation, the suspension continues as if the original regulations were still in force.

 “(6) If an application for a certificate of type approval was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if the original regulations were still in force.

 “(7) CAR 1998 applies to a certificate of type approval for an aircraft, or an aircraft engine or propeller, issued under these regulationson an application mentioned in subregulation (6) as if it were a type certificate issued under regulation 21.13A or 21.29 of CAR 1998, or a type acceptance certificate issued under regulation 21.29A of CAR 1998.

 “(8) The original regulations apply as if they were still in force to a certificate of type approval for an aircraft component (other than an aircraft engine or propeller) issued on an application mentioned in subregulation (6).

 “(9) If an application for an amendment of a certificate of type approval was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if it had been made under regulation 21.97 of CAR 1998.

Transitional:

certificates of airworthiness

 “314.(1)A certificate of airworthiness that was in force under regulation 24 immediately before the commencement of this regulation continues in force as if it were a certificate of airworthiness issued under regulation 21.176 of CAR 1998.

 “(2) A certificate of airworthiness continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before the commencement of this regulation.

 “(3) A direction that was in force under paragraph 25 (1) (b) immediately before the commencement of this regulation continues in force according to its terms.

 “(4) If an application for a certificate of airworthiness was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if it were an application for a certificate of airworthiness under regulation 21.173 of CAR 1998.

 “(5) If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if the original regulations were still in force.

Transitional:

suspension of a certificate of airworthiness

 “315.If the suspension of a certificate of airworthiness was in force under regulation 26 immediately before the commencement of this regulation, the suspension continues as if the original regulations were still in force.

Transitional:

export certificate of airworthiness

 “316.(1)An export certificate of airworthiness that was in force under regulation 28 immediately before the commencement of this regulation continues in force as if it were an export airworthiness approval issued under regulation 21.324 of CAR 1998.

 “(2) If an application for an export certificate of airworthiness was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if it were an application for export airworthiness approval under regulation 21.327 of CAR 1998.

Transitional:

permission to fly

 “317.(1)A permission to fly that was in force under subregulation 134 (1) immediately before the commencement of this regulation continues in force, and has the effect that it would have if the original regulations were still in force, until the earlier of:

• (a)

  the expiry or cancellation of the permission; or

• (b)

  the end of 12 months after the commencement of this regulation.

 “(2) A direction given under subregulation 134 (2) or (3) in relation to a permission to fly that is in force under subregulation (1) continues in force while the permission to fly is in force.

 “(3) If an application for a permission to fly under regulation 134 was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if it were an application for a special flight permit made under regulation 21.199 of CAR 1998.”.

22.   New regulations 318 to 321

22.1   After regulation 317, insert:

Transitional:

certificates of approval

 “318.(1) A certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials that was in force under regulation 30 immediately before the commencement of this regulation continues in force for 5 years after the commencement, and has the effect during that period that it would have if the original regulations were still in force.

 “(2) A certificate of approval for manufacture continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before the commencement of this regulation.

 “(3) If an application for a certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials was made under subregulation 30 (1) before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if the original regulations were still in force.

 “(4) If a request under regulation 30A for approval of a proposed change to any of the particulars stated in a certificate that has been continued under subregulation (1) was made before the commencement of this regulation but CASA had not decided the request before the commencement, CASA must deal with the request as if the original regulations were still in force.

Transitional:

approval to manufacture amateur-built aircraft

 “319.(1) An approval to manufacture an amateur-built aircraft that was in force under subparagraph 24 (2) (b) (ii) immediately before the commencement of this regulation continues in force, and has the effect that it would have if the original regulations were still in force.

 “(2) An approval continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before the commencement of this regulation.

 “(3) If an application for approval to manufacture an amateur‑built aircraft mentioned in subparagraph 24 (2) (b) (ii) was made before the commencement of this regulation but CASA had not decided the application before the commencement, CASA must deal with the application as if the original regulations were still in force.

Transitional:

suspension of certificate of approval

 “320. If the suspension of a certificate of approval for manufacture was in force under regulation 265, 268 or 269 immediately before the commencement of this regulation, the suspension continues as if the original regulations were still in force.

Transitional:

notices of events

 “321. A notice under regulation 30B that was in force immediately before the commencement of this regulation continues in force, and has the effect that it would have if the original regulations were still in force.”.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 July 1998.

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219 and 234.