CASA EX48/10 - Exemption - maintenance on limited category and experimental aircraft

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

Legislation au F2010L02294 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, the aircraft registered operator must as soon as possible tell CASA or an authorised person of the design change.

 

A further condition imposed is that if the maintenance is a modification or repair that invalidates the certificate of airworthiness or the experimental certificate of the aircraft, the registered operator for the aircraft may operate the aircraft only if he or she has obtained a new certificate of airworthiness or experimental certificate for the aircraft.

 

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 because the exemption is a renewal of a previous exemption which ceased to have effect on 28 February 2010.

 

The instrument commences on the day after it is registered. It stops having effect at the end 31 August 2012.

 

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

 

[Instrument number CASA EX48/10]

Overview

The Civil Aviation Regulations 1988, as amended by F2010L02294, were enacted to address the undue burden imposed on parties involved in the maintenance of limited category and experimental aircraft, as well as the impracticality of requiring design standards for these types of aircraft. This legislation was enacted by the Australian Government, under the authority of Section 98 of the Civil Aviation Act 1988, to improve safety outcomes in the aviation industry. The policy objective of this legislation is to exempt certain parties from specific regulatory requirements, while still ensuring that safety standards are upheld. This exemption, which is subject to conditions and limitations, aims to alleviate the burden on the Civil Aviation Safety Authority (CASA), authorised persons, aircraft operators, and other stakeholders involved in the maintenance of limited category and experimental aircraft.

Scope and Application

The Civil Aviation Regulations 1988, under the authority provided by Section 98 of the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the power to exempt certain aircraft and persons associated with their operation from specified provisions of the Civil Aviation Regulations 1988 (CAR 1988). This particular exemption applies to persons involved in the maintenance of limited category and experimental aircraft, relieving them from compliance with certain design and airworthiness standards as outlined in CAR 1988. This exemption is made to mitigate the undue burden on CASA and authorised personnel involved in approving modifications or repairs, as well as on the operators of such aircraft. The exemption is contingent upon certain safety conditions and does not extend to maintenance tasks involving aircraft instruments and equipment, modifications specified by CASA, or those outlined in the aircraft’s approved maintenance data. Furthermore, the exemption is a legislative instrument and thus subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. It is noteworthy that consultation under the Legislative Instruments Act 2003 was not undertaken as this exemption renews a previous exemption that expired on 28 February 2010. The exemption is effective from the day following its registration and will cease to have effect by the end of 31 August 2012.

Key Provisions

The main operative sections of this legislation concern the exemption of certain maintenance activities on limited category and experimental aircraft from specific provisions of the Civil Aviation Regulations 1988 (CAR 1988). Section 98 of the Civil Aviation Act 1988 allows for the making of regulations for the Act, with the aim of ensuring the safety of air navigation. Subregulation 308(1) of CAR 1988 provides the Civil Aviation Safety Authority (CASA) with the power to exempt aircraft, or persons associated with the operation of aircraft, from compliance with certain regulations. This exemption is granted in the interests of safety and may be subject to specific conditions, as outlined in subregulation 308(3) of CAR 1988. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with ensuring safety in the maintenance of limited category and experimental aircraft. The exemption from certain regulatory requirements is contingent upon compliance with certain conditions and limitations. For example, the exemption does not apply to maintenance of aircraft instruments and equipment specifically required by CAR 1988 or the Civil Aviation Orders, or maintenance related to conditions of the special certificate of airworthiness or experimental certificate for the aircraft. Additionally, any maintenance specified in an Airworthiness Directive or direction issued by CASA applicable to the aircraft is excluded from the exemption. Furthermore, any maintenance related to an instruction specified in the aircraft’s approved maintenance data is not covered by the exemption. In terms of consequences for breach, the exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). While consultation under section 17 of the LIA has not been undertaken in this case due to the exemption being a renewal of a previous exemption, the exemption is still subject to these parliamentary processes. Furthermore, any significant design changes or modifications that invalidate the aircraft’s certificate of airworthiness or experimental certificate must be reported to CASA or an authorised person as soon as possible. Failure to comply with these conditions could result in the aircraft not being permitted to operate until a new certificate of airworthiness or experimental certificate is obtained. There are no specific penalties mentioned in the text for breach of these conditions, but non-compliance could potentially lead to enforcement actions by CASA.

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Aviation Law
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Regulation
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Exemptions & Exclusions
Regulatory Standards
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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.