CASA EX51/15 - Exemption — maintenance on limited category and experimental aircraft

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

Legislation au F2015L00340 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) and (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. 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.

 

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.

 

Instrument

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) and (4) (a) and (c) of CAR 1988. In the interest of aviation safety, the exemption does not apply to particular maintenance activities and is subject to conditions.

The instrument 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 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 2003 (the LIA)

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 LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The exemption is a reissue of CASA EX180/12 with no change to the substantive content of the instrument. CASA is continuing to work with industry to develop regulatory provisions that resolve the issues caused by the specified paragraphs of regulation 42W of CAR 1988.

 

Statement of Compatibility with Human Rights

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

 

Making and commencement

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

 

The instrument commences on 1 April 2015. It expires at the end of March 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX51/15]

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 its application does not include certain maintenance activities.

 

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.

 

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 (CASR 1998) were amended in 2015 to address the challenges faced by operators of limited category and experimental aircraft in complying with existing regulations. This was achieved through an exemption mechanism outlined in the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to issue exemptions where necessary for the safety of air navigation. The primary issue addressed by this legislative instrument was the undue burden placed on operators and maintainers of limited category and experimental aircraft, who were required to adhere to stringent design standards for modifications and repairs, which were often impractical given the unique nature of these aircraft. This problem was exacerbated by the need to obtain approvals for every modification or repair, unless specified in an Airworthiness Directive or the aircraft's approved maintenance data. The instrument exempts those maintaining such aircraft from certain compliance requirements, subject to conditions aimed at preserving aviation safety, such as the notification of major design changes to CASA. The legislative instrument was enacted to streamline maintenance processes for limited category and experimental aircraft, facilitating safer and more efficient operations within this sector.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption—maintenance on limited category and experimental aircraft applies to persons engaged in the maintenance of limited category or experimental aircraft. These categories of aircraft are subject to special certification that exempts them from certain design standards, which has posed challenges in ensuring compliance with maintenance requirements. The exemption targets these specific aircraft and the individuals or entities responsible for their maintenance, excluding maintenance activities that are mandated by other regulations or certificates, such as those related to specific instruments and equipment, conditions of airworthiness certificates, airworthiness directives, or approved maintenance data. The exemption is intended to alleviate the undue burden on those approving designs for modifications or repairs, the maintainers of the aircraft, and the registered operators by providing a more streamlined process, while still ensuring safety through specified conditions. This legislative instrument has a national reach, as it is issued under the Civil Aviation Act 1988, which is a Commonwealth Act. The exemption is subject to conditions and is limited in scope to avoid compromising aviation safety. The exemption will cease three years after its commencement, unless otherwise specified.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include several key sections that govern the maintenance of limited category and experimental aircraft. Regulation 21.189 and 21.195A allow aircraft to qualify for special certificates of airworthiness without meeting design standards. However, Regulation 42U of the Civil Aviation Regulations 1988 (CAR 1988) mandates that any modification or repair of Australian aircraft must comply with an approved design. Additionally, Paragraphs 42W(2)(b) and (4)(a) and (c) of CAR 1988 require replacement components to meet design standards. These provisions create challenges for limited category and experimental aircraft, imposing an undue burden on CASA, authorised persons, and registered operators. To address these issues, subregulation 11.160(1) of CASR 1998 empowers CASA to grant exemptions from certain regulatory requirements under specific conditions. The Act imposes certain obligations and requirements on the parties involved. The exemption allows persons carrying out maintenance on limited category or experimental aircraft to bypass compliance with Regulation 42U and specified paragraphs of 42W of CAR 1988. However, this exemption does not apply to maintenance related to aircraft instruments and equipment, conditions of the special certificate of airworthiness or experimental certificate, Airworthiness Directives, or directions issued by CASA, and instructions in the aircraft’s approved maintenance data. Furthermore, if a modification or repair constitutes a major design change, the registered operator must promptly provide CASA or an authorised person with details of the design change. CASA or the authorised person may then approve the change if the requirements are met or issue a new certificate with conditions. The Act outlines specific consequences for non-compliance. While the instrument does not detail penalties, general provisions within the Civil Aviation Act 1988 (the Act) and Civil Aviation Safety Regulations 1998 (CASR 1998) may apply. For instance, failure to comply with airworthiness requirements could result in civil penalties, including fines, or criminal charges. The maximum penalty for an offence under the Act can be substantial, depending on the severity and circumstances of the breach. Additionally, CASA may take enforcement actions, such as suspending or revoking airworthiness certificates, to ensure compliance with safety standards. The legislative instrument, issued under the authority of the Civil Aviation Act 1988, has been designed to address the practical difficulties faced by operators of limited category and experimental aircraft. By granting exemptions subject to specific conditions, the instrument aims to balance the need for safety with the practical realities of maintaining these aircraft. The exemption, which is subject to tabling and disallowance in Parliament, does not engage any applicable rights or freedoms, ensuring its compatibility with human rights.

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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.