CASA EX11/11 – Exemption – maintenance on limited category and experimental aircraft

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L00212 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Exemption — maintenance on limited category and experimental aircraft

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.

 

Under regulations 21.189 and 21.195A of the Civil Aviation Safety Regulations 1998, aircraft are not required to meet design standards in order to qualify for the issue of special certificates of airworthiness in the limited category or experimental certificates.

 

Regulation 35 of CAR 1988 requires that, unless the design of the modification or repair is specified by CASA in an Airworthiness Directive, or direction, or is specified in the aircraft’s approved maintenance data, the design of the modification or repair must be approved under that regulation. Paragraph 35 (2) (b) of CAR 1988 provides that approval under regulation 35 is only possible when the design conforms with the design standard for the aircraft.

 

Subregulation 21 (2) of CAR 1988 provides that, when no design standard is in force for an aircraft for which an application is made under regulation 35, CASA must issue a design standard.

 

Paragraphs 42W (2) (b) and 42W (4) (a) and (c) of CAR 1988 require a replacement component to be designed, manufactured and modified or repaired in compliance with a design standard. These provisions have created problems for limited category and experimental aircraft.

 

This sequence of requirements imposes an undue burden on:

(a) CASA or any authorised person asked to approve the design of a modification or repair to 1 of these aircraft for which no design standard applies; and

(b) CASA because of the obligation under subregulation 21 (2) of CAR 1988 to issue a design standard for 1 of these aircraft, even though no design standard is intended to apply; and

(c) persons who carry out maintenance on these aircraft, because unless the design of the modification or repair is specified by CASA in an Airworthiness Directive or direction, or is specified in the aircraft’s approved maintenance data, these persons are not permitted to modify or repair the aircraft until the design is approved under regulation 35 of CAR 1988; and

(d) registered operators because they must obtain approvals under regulation 35 of CAR 1988 before having their aircraft modified or repaired.

 

The instrument exempts persons carrying out maintenance on limited category or experimental aircraft from compliance with the requirements of regulation 42U and paragraphs 42W (2) (b), (4) (a) and (4) (c) of CAR 1988. In the interest of safety, the exemption is subject to conditions and limitations.

 

The exemption does not apply to:

(a) maintenance of aircraft instruments and equipment specifically required by CAR 1988 or the Civil Aviation Orders; or

(b) maintenance related to a condition of the special certificate of airworthiness or experimental certificate for the aircraft; or

(c) maintenance specified in an Airworthiness Directive or a direction issued by CASA applicable to the aircraft; or

(d) maintenance related to an instruction specified in the aircraft’s approved maintenance data.

 

The exemption is subject to the condition that if a modification or repair of an aircraft, or replacement of an aircraft component, is a major design change to the aircraft, as defined, the aircraft registered operator must as soon as possible provide CASA or an authorised person with details of the design change. Having considered the details, CASA or the authorised person may, if satisfied that the stated requirements are met, inform the registered operator that the modification or repair is acceptable. If they are not satisfied, CASA or the authorised person may issue a new special certificate of airworthiness or, if further flight testing is necessary, an experimental certificate, with appropriate conditions attached.

 

Legislative Instruments Act

Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The exemption is a re-issue of CASA EX48/10 with changes made to clarify the intent of the previous exemption in relation to major design changes.

 

The instrument commences on the day after it is registered. It stops having effect at the end 31 January 2013.

 

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX11/11]

 

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended through the instrument F2011L00212 to address the undue burden placed on various stakeholders involved in the maintenance of limited category and experimental aircraft. Enacted by the Australian Government, the instrument aims to streamline the maintenance process for these aircraft while maintaining safety standards. The instrument, issued by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, provides an exemption from certain CAR 1988 requirements for maintenance on limited category and experimental aircraft, subject to specific conditions and limitations. The policy objective is to reduce the regulatory burden on CASA, authorised persons, aircraft operators, and maintenance personnel without compromising aviation safety. The exemption applies unless the maintenance relates to instruments and equipment specified by CAR 1988 or the Civil Aviation Orders, conditions of the special certificate of airworthiness or experimental certificate, Airworthiness Directives or CASA directions, or instructions in the aircraft’s approved maintenance data. In cases of major design changes, the registered operator must notify CASA or an authorised person, who may then approve the change or require further action.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish a framework for ensuring the safety of air navigation, and section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for this purpose. Specifically, subregulation 308(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or individuals associated with aircraft operations from certain regulatory requirements, provided safety considerations are taken into account. The exemption in question applies to maintenance on limited category and experimental aircraft, which are not required to meet design standards for airworthiness under certain regulations. This exemption alleviates some regulatory burdens by excusing compliance with certain design approval and maintenance requirements, but it is subject to specific conditions and limitations to ensure safety. For example, the exemption does not cover maintenance of aircraft instruments and equipment required by CAR 1988, nor does it apply to modifications or repairs that constitute major design changes. In such cases, the registered operator must notify CASA or an authorised person, who may then approve or reject the changes or require further flight testing. This exemption is effective until 31 January 2013 and is subject to disallowance in Parliament under the Legislative Instruments Act 2003.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) involve several provisions that pertain to maintenance on limited category and experimental aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, particularly with a focus on the safety of air navigation. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of aircraft, from compliance with specified provisions of CAR 1988. This exemption must be made in consideration of safety, as per subregulation 308(2), and can include conditions necessary for safety as outlined in subregulation 308(3). The obligations imposed by this legislation are primarily on CASA and authorised persons responsible for approving modifications or repairs to limited category and experimental aircraft. CASA is required to consider safety-related factors before issuing any exemptions, and must ensure that any conditions attached to the exemption are strictly for safety purposes. Registered operators of these aircraft must also comply with the terms of any exemption granted, including providing details of any major design changes to CASA or an authorised person as soon as possible. Offences and penalties for breaches of the regulations are not explicitly detailed within the text of the Explanatory Statement, but generally, non-compliance with Civil Aviation Regulations can result in significant consequences. Under the Civil Aviation Act 1988, offences can lead to both criminal and civil penalties. For instance, penalties for serious breaches can include substantial fines and imprisonment. The exact penalties can vary depending on the nature and severity of the breach, with maximum penalties sometimes reaching up to several thousand dollars and imprisonment terms extending up to several years. Further, CASA may impose additional administrative penalties or take enforcement actions against non-compliant entities. The instrument itself is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, as it is considered a disallowable instrument. This means that while the exemption is in effect, it must be tabled in Parliament and can be subject to disallowance if Parliament decides to reject it within a specified period. The exemption is set to commence on the day after it is registered and will cease to have effect by the end of 31 January 2013. This temporary nature of the exemption reflects its specific purpose and the need for periodic review and adjustment based on ongoing safety considerations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.