CASA EX180/12 - Exemption - maintenance on limited category and experimental aircraft

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

Legislation au F2013L00096 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

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.

 

Under regulations 21.189 and 21.195A of the Civil Aviation Safety Regulations 1998 (CASR 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 42U of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person may modify or repair an Australian aircraft only if the design of the modification or repair has been approved, or taken to be approved, and the modification or repair is in accordance with that design. Paragraphs 42W (2) (b), (4) (a) and (4) (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. They impose 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) 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; and

(c) registered operators because they must obtain approvals before having their aircraft modified or repaired.

Instrument

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

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 CASR 1998, CAR 1988 or the CAOs; 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

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (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 EX11/11 with changes made to reflect changes to the Regulations since that exemption was granted.

 

Human Rights Compatibility

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Commencement and making

The instrument commences on the day after registration. It stops having effect at the end 31 March 2015.

 

The exemption has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR 1998.

 

[Instrument number CASA EX180/12]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption – maintenance on limited category and experimental aircraft

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Legislative Instrument exempts persons carrying out maintenance on limited category or experimental aircraft from compliance with some of the requirements of the Civil Aviation Regulations 1988 relating to modification and repair of the aircraft and the installation and use of aircraft components. In the interest of safety, the exemption is subject to conditions and limitations.

The primary effect of the Legislative Instrument is to avoid the imposition of impractical requirements relating to the maintenance of limited category and experimental aircraft.

The objectives of the Legislative Instrument include extending the exemption that previously existed in instrument number CASA EX11/11.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

 

Overview

The Civil Aviation Safety Regulations 1998, amended by F2013L00096, introduced an exemption for maintenance on limited category and experimental aircraft to address the undue burden imposed by existing regulations. Enacted under the authority of Section 98 of the Civil Aviation Act 1988, the primary objective of this legislation is to ensure the safety of air navigation while alleviating the administrative load on the Civil Aviation Safety Authority (CASA) and aircraft operators. The instrument allows CASA to grant exemptions from specific provisions of the Civil Aviation Regulations 1988 and Civil Aviation Orders, subject to certain conditions aimed at maintaining safety standards. Exemptions are not applicable to critical maintenance such as that of aircraft instruments and equipment, modifications required by Airworthiness Directives, or repairs specified in approved maintenance data. The exemption also requires aircraft operators to notify CASA of major design changes, allowing for further assessment and necessary adjustments to ensure ongoing safety compliance. This legislative measure reflects a balance between regulatory oversight and operational practicality for limited category and experimental aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) Exemption, pertaining to maintenance on limited category and experimental aircraft, applies to individuals or entities carrying out maintenance on these types of aircraft, aiming to alleviate undue burdens imposed by existing regulations. Specifically, it exempts them from certain requirements under the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs) that would otherwise necessitate design approval for modifications or repairs. However, the exemption is not applicable to maintenance of aircraft instruments and equipment mandated by CASR 1998, CAR 1988, or CAOs; maintenance related to the conditions of a special certificate of airworthiness or experimental certificate; maintenance specified in an Airworthiness Directive or a direction issued by the Civil Aviation Safety Authority (CASA); or maintenance detailed in the aircraft's approved maintenance data. The exemption is subject to conditions, such as the requirement for registered operators to inform CASA or an authorised person about major design changes. CASA retains the authority to impose conditions and limitations on the exemption to ensure the safety of air navigation, and the exemption itself is a legislative instrument subject to tabling and disallowance in Parliament. The exemption is effective until 31 March 2015, providing a temporary measure to address the identified issues in the maintenance of limited category and experimental aircraft.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and Civil Aviation Regulations 1988 (CAR 1988) contain provisions that require aircraft modifications or repairs to comply with design standards. However, under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure air navigation safety, and regulation 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations if necessary for safety. The exemption in question applies to maintenance of limited category and experimental aircraft, exempting them from the need to meet certain design standards for modifications and repairs (regulation 42U and paragraphs 42W(2)(b), (4)(a) and (4)(c) of CAR 1988). This exemption, however, is not absolute and is subject to specific conditions to ensure safety, such as excluding maintenance on instruments and equipment specifically required by CASR 1998, CAR 1988, or the Civil Aviation Orders (CAOs), as well as any maintenance related to special certificates of airworthiness, Airworthiness Directives, or directions issued by CASA, or maintenance data specific to the aircraft. The entities governed by this Act, particularly those carrying out maintenance on limited category or experimental aircraft, must adhere to the exemption's conditions to ensure compliance with safety standards. They must notify CASA or an authorised person of any major design changes to the aircraft, allowing CASA to determine if the modifications or repairs are acceptable or if new conditions need to be imposed on the aircraft's airworthiness certificates. Registered operators are also responsible for ensuring that any maintenance performed on their aircraft complies with the exemption and its conditions. Failure to comply with the conditions of the exemption could result in CASA issuing new airworthiness certificates with appropriate conditions or requiring further flight testing. The exemption itself is a legislative instrument under the Legislative Instruments Act 2003, and as such, it is subject to tabling and disallowance in Parliament. While a Statement of Compatibility with Human Rights has been provided, consultation under the Legislative Instruments Act has not been undertaken for this exemption. The exemption is effective from the day after its registration and will cease on the specified date or, if no date is specified, three years after its commencement, which is 31 March 2015. CASA has the authority to delegate the making of this exemption under regulation 11.260 of CASR 1998. This legislative instrument represents an update to the previous exemption CASA EX11/11, reflecting changes to the regulations since its initial issuance.

Legal classification tags

Area of Law
Aviation Law
Instrument
Legislative Instrument
Concepts
Delegation & Delegation of Authority
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.