CIVIL AVIATION SAFETY REGULATIONS 1998 - made under the Civil Aviation Act 1988 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1.001. Name of Regulations 1.003. Harmonisation with FARs 1.004. Dictionary 1.005. Appendixes 1.006. Status of tables of contents 1.008. Inconsistency between MOS and Act or Regulations PART 11--REGULATORY ADMINISTRATIVE PROCEDURES 11.005. Purpose of Part 11.010. What is in this Part 11.015. Definitions for Part 11.018. Approval of forms 11.020. Effect of this Subpart 11.025. Application of Part 11 to authorised persons 11.026. Application of Part 11 to approved design organisations 11.028. Application of Part 11 to examiners, instructors and approval holders 11.030. When application taken to be complete 11.032. Application for authorisation after previous authorisation cancelled 11.035. Other things CASA can ask applicant to do--test or interview 11.040. Other things CASA can ask applicant to do--provide more information 11.045. Other things CASA can ask applicant to do--demonstrate a service or facility 11.047. Other things CASA can ask applicant to do--statutory declarations to verify applications 11.050. Material that CASA may or must take into account 11.055. Grant of authorisation 11.056. Authorisation may be granted subject to conditions 11.060. Notice of decision 11.065. When authorisation comes into effect 11.067. Imposing and varying conditions after grant of authorisation 11.068. Conditions imposed on class of authorisations 11.070. Conditions of authorisations--change of name or address 11.071. Conditions of authorisations--change of nationality 11.072. Conditions of authorisations--change of business status 11.073. Conditions of authorisations--notice of death, dissolution etc 11.074. Conditions of authorisations--notice required by CASA 11.075. Conditions of authorisations--provision of information 11.077. Breach of conditions--offence 11.080. Authorisations not transferable 11.090. Authorisation document--authorisations to which Chicago Convention, Annex 1 applies 11.095. Authorisation document--maintenance operation authorisations 11.100. Registration certificate (Chicago Convention, Annex 7) 11.105. Certificate of Airworthiness (Chicago Convention, Annex 8) 11.110. Authorisation document--other authorisations 11.115. Replacement documents 11.120. What Subpart 11.D is about 11.125. Application of Subparts 11.B and 11.BA to variation of authorisation 11.130. Suspension or cancellation of authorisation 11.132. Effect of suspension 11.135. Purpose of Subpart 11.140. Continuation of authorisation until application decided 11.145. Application of Subparts 11.B and 11.BA 11.150. Conditions on new authorisation Division 11.F.1--Grant of standard exemptions 11.155. Purpose of Division 11.160. What exemptions can be granted under this Division 11.165. Applications for exemptions 11.170. Consideration of applications 11.175. Renewal of exemptions under this Division Division 11.F.2--Grant of exemptions in exceptional circumstances 11.180. Purpose of Division 11.185. Exemptions in exceptional circumstances 11.190. Application 11.195. Consideration by CASA Division 11.F.3--Exemptions generally 11.200. Purpose of Division 11.205. Conditions 11.210. Offence: failure to comply with condition 11.220. Notice of grant of exemption 11.225. Publication of exemption 11.230. When exemptions cease 11.235. Exemptions not transferable 11.240. Purpose of Subpart 11.245. CASA may issue directions 11.250. Period of effect of direction 11.255. Contravention of direction 11.260. Delegation 11.265. Purpose of Subpart 11.267. Application of Subpart to amendment or revocation of Manual of Standards 11.270. Definition--MOS 11.275. Notice of intention to issue Manuals of Standards not required in certain circumstances 11.280. Notice of intention to issue Manuals of Standards 11.285. Comments on draft Manuals of Standards 11.290. CASA to consider comments on draft Manuals of Standards 11.295. Failure to comply with procedures not to affect validity of Manuals of Standards PART 13--ENFORCEMENT PROCEDURES Division 13.K.1--Aviation Self Reporting Scheme 13.320. Definitions 13.325. Contraventions that are not reportable 13.330. Prescribed person (Act s 30DM) 13.335. Establishment and purposes of scheme (Act s 30DN) 13.340. Powers and functions of Executive Director 13.345. Manner in which reports to be made (Act s 30DN(2)(b)) 13.350. Processing of reports 13.355. Reports relating to unlawful interference 13.360. Use of information contained in reports (Act s 30DN(2)(c)) 13.365. Delegation by Executive Director Division 13.K.2--Demerit points scheme 13.370. Offences to which demerit points scheme applies (Act s 30DT) 13.375. Classes of civil aviation authorisations 13.380. Effect of subsequent suspension or cancellation in certain situations (Act s 30DV) PART 21--CERTIFICATION AND AIRWORTHINESS REQUIREMENTS FOR AIRCRAFT AND PARTS 21.001. Applicability 21.001A. Definition for Subpart 21.002C. Suspension or cancellation of an instrument 21.002D. Show cause notices 21.002E. Cancellation of certain certificates 21.003. Reporting failures, malfunctions, and defects 21.005. Manufacturers etc to provide aircraft flight manuals for certain aircraft 21.006. Approval of aircraft flight manuals 21.006A. Approval of changes to aircraft flight manuals 21.007. Permissible unserviceabilities 21.007A. Advice about major damage 21.008. Meaning of technical data 21.009. Approval of technical data 21.010. References to modifications and repairs in Part 21.010A. References to the national aviation authority of a recognised country 21.010B. Definition of recognised country 21.010C. References to countries with which Australia has agreements 21.010D. Issue of Manual of Standards for Part 21 21.011. Applicability 21.013. Eligibility 21.013A. Issue of type certificate 21.014. Recognition of foreign certification 21.015. Application for type certificate 21.016. Special standards and other conditions on type certificates 21.017. Designation of applicable airworthiness standards 21.019. Changes requiring a new type certificate 21.021. Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers 21.024. Type certificate: primary category aircraft 21.025. Issue of type certificate: restricted category aircraft 21.026. Type certificate: intermediate category aircraft 21.027. Type certificate: surplus aircraft of the Armed Forces 21.029. Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country 21.029A. Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country 21.029B. Issue of type acceptance certificates subject to conditions 21.029C. Refusal to issue type acceptance certificate 21.031. Type design--meaning 21.033. Inspection and tests 21.035. Flight tests 21.037. Flight test pilot 21.039. Flight test instrument calibration and correction report 21.041. Type certificate--meaning 21.043. Location of manufacturing facilities 21.047. Transfer of type certificates 21.048. Licensing of type certificates 21.049. Availability 21.050. Instructions for continued airworthiness and manufacturer's maintenance manuals having airworthiness limitations sections 21.051. Type certificates and type acceptance certificates--duration and suspension or cancellation 21.053. Statement of conformity 21.071. Applicability 21.073. Eligibility 21.075. Application 21.076. Issue of provisional type certificate 21.077. Duration 21.078. Suspension and cancellation 21.081. Requirements for issue and amendment of Class I provisional type certificates 21.083. Requirements for issue and amendment of Class II provisional type certificates 21.085. Provisional amendments to type certificates 21.091. Applicability 21.093. Classification of changes in type design 21.095. Approval of minor changes in type design 21.097. Eligibility for approval of major changes in type design 21.098. Issue of approval of major change in type design 21.099. Required design changes 21.101. Designation of applicable regulations 21.111. Applicability 21.113. Eligibility for supplemental type certificate 21.113A. Issue of supplemental type certificate 21.114. Foreign supplemental type certificates 21.115. Entitlement to supplemental type certificate--meeting applicable airworthiness requirements 21.117. What supplemental type certificates are taken to consist of 21.118. Duration, suspension and cancellation of supplemental type certificates 21.119. Duration, suspension and cancellation of foreign supplemental type certificates 21.120. Transfer of supplemental type certificates 21.120A. Licensing of supplemental type certificates 21.120B. Variations of supplemental type certificates 21.121. Applicability 21.123. Production under type certificate 21.125. Production inspection system: Materials Review Board 21.127. Tests: aircraft 21.128. Tests: aircraft engines 21.129. Tests: variable pitch propellers 21.130. Statement of conformity 21.130A. Records to be kept by manufacturer 21.131. Applicability 21.132. Definitions for Subpart 21.G 21.132A. Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation 21.133. Eligibility 21.134. Issue of production certificate 21.135. Requirements for entitlement 21.137. Location of manufacturing facilities 21.139. Quality system 21.143. Quality system data requirements: prime manufacturer 21.144. Production inspection system 21.145. Materials Review Board 21.147. Changes in quality system 21.149. Multiple products 21.151. Production limitation record 21.153. Amendment of production certificate 21.157. Inspections and tests 21.159. Duration 21.161. Display 21.163. Privileges for holders of production certificates--conduct of training in particular maintenance 21.165. Responsibility of holder of production certificate 21.166. Records to be kept by holder of production certificate 21.171. Applicability 21.172. Definitions for Subpart 21.173. Eligibility 21.175. Certificates of airworthiness: classification 21.176. Issue of certain certificates of airworthiness 21.179. Transferability 21.181. Duration of certain certificates of airworthiness 21.182. Aircraft manufacturer's data plate 21.183. Standard certificates of airworthiness 21.184. Special certificates of airworthiness for primary category aircraft 21.184A. Special certificates of airworthiness for intermediate category aircraft 21.185. Certificates of airworthiness for restricted category aircraft 21.186. Special certificates of airworthiness for light sport aircraft 21.187. Multiple-category airworthiness certification 21.189. Special certificate of airworthiness for limited category aircraft 21.190. Special certificates of airworthiness--amateur-built category aircraft accepted under an ABAA 21.191. Experimental certificates 21.192. Experimental certificates: eligibility 21.193. Experimental certificates: general 21.195. Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training 21.195A. Issue of experimental certificates 21.195B. Duration, production for inspection, suspension and cancellation of experimental certificates 21.195C. Exercise of certain powers by authorised persons and relevant approved design organisations 21.196. Special flight permits: eligibility 21.197. Special flight permits 21.199. Applications for special flight permits 21.200. Issue of special flight permits 21.201. Inspection, suspension and cancellation of special flight permits 21.211. Applicability 21.213. Eligibility 21.215. Application 21.216. Issue of provisional certificates of airworthiness 21.217. Duration 21.219. Transferability 21.221. Class I provisional certificates of airworthiness 21.223. Class II provisional certificates of airworthiness 21.225. Provisional certificates of airworthiness corresponding with provisional amendments to type certificates Division 21.J.1--General 21.231. What Subpart 21.J is about 21.233. Definitions for Subpart 21.J 21.235. Privileges for approved design organisations 21.237. Prohibition of unauthorised carrying out of design activities 21.239. Applications may be made to approved design organisation--approval activities and experimental certificates Division 21.J.2--Approval as approved design organisation 21.241. Applying for approval 21.243. Granting approval 21.245. Approval certificate 21.247. Approval subject to conditions--general 21.248. Approval subject to conditions--holders of other authorisations under Part 21 and licensees 21.249. Cancellation, suspension and variation of approval Division 21.J.3--Authorisation to carry out particular certification activity 21.251. Authorisation of approved design organisations to carry out certification activities Division 21.J.4--Changes to approved design organisations 21.253. Application for approval of change to scope of approval 21.255. Application for approval of change to design assurance system 21.256. Change to design assurance system manual at direction of CASA 21.257. Application for approval of permanent appointment of new accountable manager or head of design 21.258. Permanent appointment of other key personnel--requirement to tell CASA 21.259. Change to exposition by organisation 21.261. Change to exposition at direction of CASA Division 21.J.5--Obligations of approved design organisations 21.263. Content of exposition 21.265. Compliance with exposition 21.267. Design assurance system 21.269. Requirements for design assurance system--general 21.270. Requirements for design assurance system--holders of other authorisations under Part 21 and licensees 21.271. Compliance with design assurance system manual 21.273. Audit of approved design organisation by CASA 21.275. Inspections and observations 21.277. Record keeping and production of records to CASA 21.279. Directions to comply with specified procedures or instructions 21.281. Investigation of potentially unsafe condition 21.283. Requirement to provide employees and subcontractors with exposition and design assurance system manual 21.301. Applicability 21.303. Replacement and modification parts 21.304A. Changes to an APMA 21.305. Approval of materials, parts, processes and appliances 21.305A. Approval of materials, parts, processes and appliances not covered by regulation 21.305 21.306. Use of standard parts and materials 21.321. Applicability 21.323. Eligibility 21.324. Issue of export airworthiness approvals 21.325. Export airworthiness approvals 21.327. Application 21.329. Issue of export airworthiness approvals for Class I products 21.331. Issue of airworthiness approvals for Class II products 21.333. Issue of export airworthiness approvals for Class III products 21.339. Export airworthiness approval for aircraft Division 21.M.1--Preliminary 21.400. Purpose of Subpart 21.402. Definition of proposed airworthiness standards for Subpart 21.M 21.403. Definition of applicable airworthiness standards for Subpart 21.M Division 21.M.2--Modification 21.405. Applications for modification/repair design approvals 21.410. Refusal to grant approval if design constitutes major change in type design 21.414. Determination of additional airworthiness standards--special conditions 21.416. Determination of non-application of airworthiness standards--application to CASA 21.418. Determination of non-application of airworthiness standards--application to authorised person or approved design organisation 21.420. Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents 21.425. Applicants to carry out necessary inspections and tests 21.430. CASA, authorised person or approved design organisation may carry out or observe certain tests 21.435. Grant of modification/repair design approvals--grant by CASA 21.436. Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety 21.437. Grant of modification/repair design approvals--grant by authorised person or approved design organisation 21.440. Form of modification/repair design approvals 21.445. Variation of modification/repair design approvals Division 21.M.3--Transfer of, and obligations for holders of, modification 21.448. Approvals to which this Division applies 21.450. Transfer of modification/repair design approvals and approvals granted in accordance with alternative method 21.455. Record keeping and making records available to CASA 21.460. Instructions for continued airworthiness and flight manual supplement to be made available Division 21.M.4--Other means of approval 21.465. Modifications and repairs directed by CASA 21.470. Foreign modification/repair designs 21.475. Part 21 Manual of Standards may prescribe alternative method of approval of modification and repair designs 21.500. Approval of imported aircraft engines and propellers 21.500A. Approval of other imported aircraft engines and propellers 21.502. Approval of imported materials, parts and appliances 21.502A. Approval of other imported materials, parts and appliances 21.601. Applicability 21.603. ATSO marking and privileges 21.605. Application and issue 21.607. General rules governing holders of ATSO authorisations 21.609. Approval for deviation 21.611. Design changes 21.613. Record keeping requirements 21.615. CASA inspection 21.617. Issue of letters of ATSO design approval: import appliances 21.619. Non-compliance 21.621. Duration Division 21.Q.1--Preliminary 21.805. Applicability of this Subpart 21.810. Meaning of fireproof Division 21.Q.2--Aircraft, aircraft engines and aircraft propellers 21.815. Applicability of this Division 21.820. Manufacturer's data plate must be attached to aircraft 21.825. Manufacturer's data plate must be attached to basket of manned free balloon 21.830. Heater assembly of manned free balloon must carry identification mark 21.835. Manufacturer's data plate must be attached to aircraft engine 21.840. Aircraft propellers, blades and hubs must carry identification marks Division 21.Q.3--Critical parts 21.845. Applicability of this Division 21.850. Identification of critical parts 21.855. Removal or alteration of identification on critical parts Division 21.Q.4--Aircraft parts 21.860. Applicability of this Division 21.865. Identification of parts produced under an APMA 21.870. Identification of parts produced under an APMA if marking is impracticable 21.875. Identification of other aircraft parts 21.880. Identification of other aircraft parts--other than by marking PART 22--AIRWORTHINESS STANDARDS FOR SAILPLANES AND POWERED SAILPLANES 22.001. Airworthiness standards 22.002. Incidental provisions 22.003. Changes to EASA CS-22 22.004. Approvals under EASA CS-22 PART 23--AIRWORTHINESS STANDARDS FOR AEROPLANES IN THE NORMAL, UTILITY, ACROBATIC OR COMMUTER CATEGORY 23.001. Airworthiness standards 23.002. Incidental provisions 23.003. Changes to Part 23 of the FARs 23.004. Changes to EASA CS-VLA 23.005. Changes to EASA CS-23 23.006. Approvals under Part 23 of the FARs 23.007. Approvals under EASA CS-VLA 23.008. Approvals under EASA CS-23 PART 25--AIRWORTHINESS STANDARDS FOR AEROPLANES IN THE TRANSPORT CATEGORY 25.001. Airworthiness standards 25.002. Incidental provisions 25.003. Changes to Part 25 of the FARs 25.004. Changes to EASA CS-25 25.005. Approvals under Part 25 of the FARs 25.006. Approvals under EASA CS-25 25.011. What this Subpart does 25.013. Least-risk bomb location PART 26--AIRWORTHINESS STANDARDS FOR AIRCRAFT IN THE PRIMARY CATEGORY OR INTERMEDIATE CATEGORY 26.001. Airworthiness standards 26.002. Incidental provisions PART 27--AIRWORTHINESS STANDARDS FOR ROTORCRAFT IN THE NORMAL CATEGORY 27.001. Airworthiness standards 27.002. Incidental provisions 27.003. Changes to Part 27 of the FARs 27.003A. Changes to EASA CS-27 27.004. Approvals under Part 27 of the FARs 27.005. Approvals under EASA CS-27 PART 29--AIRWORTHINESS STANDARDS FOR ROTORCRAFT IN THE TRANSPORT CATEGORY 29.001. Airworthiness standards 29.002. Incidental provisions 29.003. Changes to Part 29 of the FARs 29.003A. Changes to EASA CS-29 29.004. Approvals under Part 29 of the FARs 29.005. Approvals under EASA CS-29 PART 31--AIRWORTHINESS STANDARDS FOR MANNED FREE BALLOONS 31.001. Airworthiness standards 31.002. Incidental provisions 31.003. Changes to Part 31 of the FARs 31.004. Changes to EASA CS-31HB 31.005. Changes to EASA CS-31GB 31.006. Approvals under Part 31 of the FARs 31.007. Approvals under EASA CS-31HB 31.008. Approvals under EASA CS-31GB PART 32--AIRWORTHINESS STANDARDS FOR ENGINES FOR VERY LIGHT AEROPLANES 32.001. Airworthiness standards 32.002. Incidental provisions 32.003. Changes to EASA CS-22 32.004. Approvals under EASA CS-22 PART 33--AIRWORTHINESS STANDARDS FOR AIRCRAFT ENGINES 33.001. Airworthiness standards 33.002. Incidental provisions 33.003. Changes to Part 33 of the FARs 33.003A. Changes to EASA CS-E 33.004. Approvals under Part 33 of the FARs 33.005. Approvals under EASA CS-E PART 35--AIRWORTHINESS STANDARDS FOR AIRCRAFT PROPELLERS 35.001. Airworthiness standards 35.002. Incidental provisions 35.003. Changes to Part 35 of the FARs 35.003A. Changes to EASA CS-P 35.004. Approvals under Part 35 of the FARs 35.005. Approvals under EASA CS-P PART 39--AIRWORTHINESS DIRECTIVES 39.001A. Definitions 39.001. CASA may issue Australian airworthiness directives 39.002. Aircraft or aeronautical products covered by airworthiness directive 39.002A. Aircraft that become Australian aircraft--compliance with Australian airworthiness directives 39.003. Australian aircraft covered by airworthiness directive not to be operated 39.004. Approvals and exclusions in relation to airworthiness directives 39.005. Documents or things to be sent to CASA 39.006. Request for review of operation of Australian airworthiness directive 39.007. Action to be taken by CASA on receiving request under regulation 39.006 PART 42--CONTINUING AIRWORTHINESS REQUIREMENTS FOR AIRCRAFT AND AERONAUTICAL PRODUCTS Subdivision 42.C.3.1----Continuing airworthiness records system Subdivision 42.C.3.2----Information about aircraft Subdivision 42.C.3.3----Substantiating documents Subdivision 42.C.3.4----Flight technical log Subdivision 42.C.3.5----Recording next maintenance due to be carried out Subdivision 42.C.3.6----Recording utilisation information Subdivision 42.C.3.7----Retention and transfer of records Subdivision 42.D.6.1----Dealing with defects Subdivision 42.D.6.2----Reporting defects Subdivision 42.H.2.1----Application of Division Subdivision 42.H.2.2----Who must perform maintenance certification Subdivision 42.H.2.3----Requirements for performing maintenance certification Subdivision 42.H.2.4----Performance of maintenance certification Subdivision 42.H.3.1----Preliminary Subdivision 42.H.3.2----Who may issue certificate of release to service Subdivision 42.H.3.3----Requirements for issuing certificate of release to service Subdivision 42.H.3.4---- Form, content and issue of certificate of release to service Subdivision 42.H.3.5----Record-keeping Subdivision 42.H.4.1----Preliminary Subdivision 42.H.4.2----Who may issue certificate of release to service Subdivision 42.H.4.3----Requirements for issuing certificate of release to service Subdivision 42.H.4.4----Form and issue of certificate of release to service Subdivision 42.H.4.5----Record-keeping and dealing with certificate of release to service 42.005. Purpose of Part 42.010. Applicability of Part 42.015. Definitions for Part 42.020. Part 42 Manual of Standards Division 42.B.1--Preliminary 42.025. Purpose of Subpart Division 42.B.2--Continuing airworthiness requirements 42.030. Continuing airworthiness requirements--all aircraft 42.035. Condition of AOC--aircraft authorised to operate under AOCs 42.040. Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations 42.045. Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations 42.050. Form of continuing airworthiness management contract--all aircraft 42.055. Giving information in accordance with contract 42.060. Copy of certain provisions of contract to be given to CASA 42.065. Copy of variation of certain provisions of contract to be given to CASA 42.070. Notice of termination of contract to be given to CASA 42.075. Notice of contravention of Part to be given to CASA 42.080. Maintenance of aircraft and aeronautical products Division 42.B.3--Record-keeping requirements in relation to authorisations under regulation 42 42.085. Application of Division 42.090. Retaining copies of authorisations 42.095. Keeping lists of authorised pilot licence holders and flight engineers Division 42.C.1--Preliminary 42.100. Purpose of Subpart 42.105. Meaning of person responsible for continuing airworthiness for aircraft Division 42.C.2--Continuing airworthiness management tasks 42.110. Complying with regulations in this Division 42.115. Rectification of defect to aircraft before flight--all aircraft 42.120. Compliance with airworthiness directives--all aircraft 42.125. Approval of design for modifications or repairs to aircraft--all aircraft 42.130. Dealing with certain instructions for continuing airworthiness--aircraft authorised to operate under AOCs and large aircraft 42.135. Replacement of life limited aeronautical product--all aircraft 42.140. Approved maintenance program required--aircraft authorised to operate under AOCs and large aircraft 42.145. Compliance with maintenance program required--all aircraft 42.150. Updating approved maintenance program following change to instructions for continuing airworthiness 42.155. Ensuring effectiveness of approved maintenance program using approved reliability programs--certain aircraft 42.160. Ensuring effectiveness of approved maintenance program--other aircraft authorised to operate under AOCs and large aircraft 42.165. Removal of aeronautical products fitted as permitted by regulation 42.440 Division 42.C.3--Continuing airworthiness records--all aircraft Subdivision 42.C.3.1--Continuing airworthiness records system 42.170. Continuing airworthiness records system Subdivision 42.C.3.2--Information about aircraft 42.175. Requirement to record information 42.180. Information about aircraft engines and propellers 42.185. Information about empty weight of aircraft 42.190. Information about utilisation of aircraft 42.195. Information about compliance with airworthiness directives 42.200. Information about compliance with maintenance program 42.205. Information about modifications 42.210. Information about aeronautical products with life limit Subdivision 42.C.3.3--Substantiating documents 42.215. Substantiating documents Subdivision 42.C.3.4--Flight technical log 42.220. Flight technical log 42.225. Availability of flight technical log Subdivision 42.C.3.5--Recording next maintenance due to be carried out 42.230. Recording details of next maintenance due to be carried out in flight technical log 42.235. Approval of another means of recording next maintenance due to be carried out 42.240. Recording details of next maintenance due to be carried out by approved other means Subdivision 42.C.3.6--Recording utilisation information 42.245. Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved 42.250. Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight 42.255. Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means Subdivision 42.C.3.7--Retention and transfer of records 42.260. Retention of continuing airworthiness records 42.265. Transfer of continuing airworthiness records for aircraft Division 42.C.4--Major defects--reporting and investigating 42.270. Reporting major defects--all aircraft 42.275. Investigating major defects--large aircraft and aircraft authorised to operate under AOC 42.280. Action by CASA following report of major defect 42.285. Action by certificate holder or approval holder following report of major defect Division 42.D.1--Preliminary 42.290. Purpose of Subpart Division 42.D.2--Permissions for section 20AB of Act--aircraft 42.295. Who is permitted to carry out maintenance on aircraft--approved maintenance organisations 42.300. Who is permitted to carry out maintenance on aircraft--individuals not working for approved maintenance organisations 42.301. Who is permitted to carry out maintenance--organisations under NAA arrangement Division 42.D.3--Permissions for section 20AB of Act--aeronautical products 42.305. Who is permitted to carry out maintenance on aeronautical products 42.306. Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by national aviation authority Division 42.D.4--Requirements for carrying out maintenance 42.310. General requirements for carrying out maintenance 42.315. Ensuring individuals are competent to carry out maintenance 42.320. Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out 42.325. Maintenance involving modifications and certain repairs 42.330. Removal of tools etc after carrying out maintenance Division 42.D.5--Requirements for independent inspection of critical control system maintenance 42.335. Meaning of independent individual 42.340. Requirement for verification and record for critical control system maintenance 42.345. Verification and record for critical control system maintenance Division 42.D.6--Requirements for dealing with defects Subdivision 42.D.6.1--Dealing with defects 42.350. Meaning of qualified individual 42.355. Recording defects 42.360. When qualified individual may defer rectification of defect 42.365. How rectification of defect is deferred 42.370. Record for deferral of rectification of defect Subdivision 42.D.6.2--Reporting defects 42.375. Major defect reporting--independent maintainer carrying out maintenance on aircraft 42.380. Major defect reporting--approved maintenance organisation carrying out maintenance on aircraft 42.385. Major defect reporting--approved maintenance organisation carrying out maintenance on aeronautical product 42.390. Reporting requirements Division 42.D.7--Requirements for recording maintenance for aircraft or aeronautical products 42.395. Recording maintenance information for aircraft 42.400. Making maintenance record for aeronautical products 42.405. Provision of maintenance record and other documents to registered operator 42.410. Retention of copy of maintenance record by approved maintenance organisations Division 42.E.1--Preliminary 42.415. Purpose of Subpart Division 42.E.2--Requirements for fitting parts and using materials 42.420. Fitting parts other than standard parts 42.425. Obligations and offences for fitting parts other than standard parts 42.430. Fitting parts removed from aircraft--permission for paragraph 42.420(5)(c) 42.435. Fitting parts fabricated by approved maintenance organisations--permission for subparagraph 42.420(5)(a)(ii) 42.440. Fitting parts for which there is no authorised release certificate--permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii) 42.445. Fitting standard parts 42.450. Fitting parts removed from same place on aircraft--permission for paragraphs 42.420(1)(a) and 42.445(1)(a) 42.455. Using materials Division 42.E.3--Requirements for controlling unserviceable and unsalvageable parts 42.460. Control of unserviceable parts 42.465. Control of unsalvageable parts Division 42.E.4--Requirements for controlling unapproved parts 42.470. Meaning of unapproved for parts 42.475. Control of unapproved parts 42.480. Reporting unapproved parts 42.485. Action by CASA following report of unapproved parts 42.490. Action required if parts not required to be kept Division 42.F.1--General 42.495. Purpose of Subpart 42.500. Definitions for Subpart 42.505. Regulations 11.070 to 11.075 do not apply in relation to certain matters Division 42.F.2--Approval of Subpart 42 42.510. Applying for approval 42.515. Issuing approval 42.520. Approval certificate 42.525. Privileges for Subpart 42.F organisations 42.530. Approval subject to conditions Division 42.F.3--Changes to Subpart 42 42.535. Application for approval of significant changes to Subpart 42.F organisations 42.540. Approval of significant changes 42.545. Changes to Subpart 42.F organisations that are not significant changes 42.550. CASA may direct Subpart 42.F organisations to change expositions Division 42.F.4--Requirements and offences for Subpart 42 42.555. Provision of maintenance services 42.560. Providing employees with exposition 42.565. Complying with directions Division 42.G.1--General 42.570. Purpose of Subpart 42.575. Definitions for Subpart 42.580. Regulations 11.070 to 11.075 do not apply in relation to certain matters Division 42.G.2--Approval of continuing airworthiness management organisations 42.585. Applying for approval 42.590. Issuing approval 42.595. Approval certificate 42.600. Privileges for continuing airworthiness management organisations 42.605. Approval subject to conditions Division 42.G.3--Changes to continuing airworthiness management organisations 42.610. Application for approval of significant changes to continuing airworthiness management organisations 42.615. Approval of significant changes 42.620. Changes to continuing airworthiness management organisations that are not significant changes 42.625. CASA may direct continuing airworthiness management organisations to change expositions Division 42.G.4--Authorisation of pilot licence holders and flight engineers to provide maintenance services 42.630. When pilot licence holders and flight engineers may be authorised 42.635. Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft 42.640. Directions in relation to authorisations 42.645. Notice of cancellation of authorisation Division 42.G.5--Requirements and offences for continuing airworthiness management organisations 42.650. Provision of continuing airworthiness management services 42.655. Providing employees with exposition 42.660. Copies of authorisations and records 42.665. Complying with directions 42.670. Giving information in accordance with contract 42.675. Notice of contravention of Part to be given to CASA Division 42.H.1--General 42.680. Purpose of Subpart Division 42.H.2--Maintenance certification for maintenance carried out on aircraft Subdivision 42.H.2.1--Application of Division 42.685. Application of Division Subdivision 42.H.2.2--Who must perform maintenance certification 42.690. Approved maintenance organisations 42.695. Individuals performing maintenance certification on behalf of approved maintenance organisations 42.700. Independent maintainers Subdivision 42.H.2.3--Requirements for performing maintenance certification 42.705. Requirements to be met by individuals before performing maintenance certification 42.710. Requirements to be met by organisations before performing maintenance certification Subdivision 42.H.2.4--Performance of maintenance certification 42.715. How maintenance certification is performed Division 42.H.3--Certificate of release to service--aircraft Subdivision 42.H.3.1--Preliminary 42.720. Application of Division 42.725. Requirement not to release aircraft without certificate of release to service Subdivision 42.H.3.2--Who may issue certificate of release to service 42.730. Approved maintenance organisations 42.735. Individuals issuing certificates of release to service on behalf of approved maintenance organisations 42.740. Independent maintainers Subdivision 42.H.3.3--Requirements for issuing certificate of release to service 42.745. Requirements to be met before certificate of release to service may be issued 42.750. Requirements to be met by approved maintenance organisations before issuing certificate of release to service 42.755. Requirements to be met by individuals before issuing certificate of release to service Subdivision 42.H.3.4--Form, content and issue of certificate of release to service 42.760. Form and content of certificate of release to service 42.765. How certificate of release to service is issued Subdivision 42.H.3.5--Record-keeping 42.770. Retaining copy of certificate of release to service Division 42.H.4--Certificate of release to service--aeronautical products Subdivision 42.H.4.1--Preliminary 42.775. Application of Division 42.780. Requirement not to release aeronautical product without certificate of release to service Subdivision 42.H.4.2--Who may issue certificate of release to service 42.785. Approved maintenance organisations 42.790. Individuals issuing certificates of release to service on behalf of approved maintenance organisations Subdivision 42.H.4.3--Requirements for issuing certificate of release to service 42.795. Requirements to be met before certificate of release to service may be issued 42.800. Requirements to be met by approved maintenance organisations before issuing certificate of release to service 42.805. Requirements to be met by individuals before issuing certificate of release to service Subdivision 42.H.4.4--Form and issue of certificate of release to service 42.810. Form of certificate of release to service 42.815. How certificate of release to service is issued Subdivision 42.H.4.5--Record-keeping and dealing with certificate of release to service 42.820. Additional record for certificate of release to service issued as in-house release document 42.825. Dealing with certificate of release to service Division 42.I.1--General 42.830. Application of Subpart 42.835. Purpose of Subpart Division 42.I.2--Issue of airworthiness review certificates 42.840. Who may issue airworthiness review certificate 42.845. Requirements to be met for issue of airworthiness review certificate 42.850. Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate 42.855. Requirements to be met by individuals before issuing airworthiness review certificate 42.860. Form of airworthiness review certificate 42.865. How airworthiness review certificate is issued 42.870. How long airworthiness review certificate remains in force Division 42.I.3--Extension of airworthiness review certificates 42.875. Who may extend airworthiness review certificate 42.880. Requirements to be met for extension of airworthiness review certificate 42.885. Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate 42.890. Requirements to be met by individuals before extending airworthiness review certificate 42.895. How airworthiness review certificate is extended Division 42.I.4--Airworthiness review procedure 42.900. Airworthiness review procedure Division 42.I.5--Administration 42.905. Record of findings of airworthiness review 42.910. Record of corrective action taken 42.915. Retaining records relating to airworthiness review certificates 42.920. Documents to be sent to CASA and registered operator 42.925. Notice of decision not to issue airworthiness review certificate Division 42.I.6--Relationship of airworthiness review certificate to certificate of airworthiness 42.930. Relationship with certificate of airworthiness Division 42.J.1--Preliminary 42.935. Purpose of Subpart Division 42.J.2--Approval of maintenance programs by continuing airworthiness management organisations 42.940. Circumstances in which continuing airworthiness management organisations may approve proposed maintenance program 42.945. Requirements for approval of maintenance programs 42.950. Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs 42.955. Requirements to be met by individuals before approving proposed maintenance programs 42.960. How approval is given 42.965. Record-keeping requirements Division 42.J.3--Approval of maintenance programs by CASA 42.970. Application to CASA for approval of maintenance programs 42.975. Form of application 42.980. Approval of maintenance programs by CASA Division 42.J.4--Approval of variations of approved maintenance programs by continuing airworthiness management organisations 42.985. Circumstances in which continuing airworthiness management organisations may approve proposed variations 42.990. Requirements to be met for approval of variations of maintenance programs 42.995. Requirements to be met by continuing airworthiness management organisations before approving proposed variations 42.1000. Requirements to be met by individuals before approving proposed variations 42.1005. How approval is given 42.1010. Record-keeping requirements Division 42.J.5--Approval of variations of approved maintenance programs by CASA 42.1015. Application to CASA for approval of variations of approved maintenance programs 42.1020. Form of application 42.1025. Approval of variations by CASA 42.1030. Purpose of Subpart 42.1035. CASA may direct variations of approved maintenance programs Division 42.L.1--Preliminary 42.1040. Purpose of Subpart Division 42.L.2--Approval of reliability programs 42.1045. Application for approval of reliability programs 42.1050. Approval of reliability programs Division 42.L.3--Approval of variations of approved reliability programs 42.1055. Application for approval of variations of approved reliability programs 42.1060. Approval of variations of approved reliability programs 42.1065. Purpose of Subpart 42.1070. Pre-flight inspection--all aircraft 42.1075. Recording information in flight technical log--all aircraft 42.1080. Purpose of Subpart 42.1085. Requirements for making records made under Part 42.1090. Requirements for keeping records made under Part 42.1095. Change to records made under Part 42.1100. Purpose of Subpart 42.1105. Authorisation of persons for paragraph 32AP(3A)(a) of Act 45.005. Application of Part 45 45.010. Key definitions for Part 45 45.015. Meaning of markings and set of markings 45.020. References to aircraft operating for an exhibition 45.025. Issue of Manual of Standards for Part 45 45.030. Registration holder to provide copies of approvals under this Part to registered operator 45.050. Requirements for aircraft markings 45.055. Display of aircraft markings 45.060. Designs etc. not to modify, obscure or create confusion about sets of markings 45.065. Approval to operate with different markings--aircraft of special configuration 45.070. Approval to operate with different or no markings--aircraft operated for an exhibition 45.090. Requirements for display of words 45.095. Display of words 45.100. Approval to operate with different or no words--aircraft operated for an exhibition 45.120. Application of Subpart 45.D 45.125. Plate to be attached to aircraft 45.130. Removal or alteration of plates 45.135. Approval of method of displaying markings 45.140. Approval for attachment of plate--aircraft of special configuration 47.005. Applicability of Part 47 47.010. Definitions for Part 47 47.015. Requirement for aircraft to be registered 47.020. Appointment of person to act on behalf of owners 47.025. Australian Civil Aircraft Register 47.030. Register to be accessible to public 47.035. Correction of Register 47.040. Seeking information about Register 47.045. Communicating with CASA 47.050. Accuracy of information in Register 47.055. Entries in Register etc not conclusive evidence of title to aircraft 47.060. Applying for registration of unregistered aircraft 47.065. Information required for registration--general 47.070. Confirmation of oral application 47.075. CASA may ask for further information 47.080. Registration of aircraft 47.085. Interim certificate of registration 47.090. Issue of certificate of registration 47.095. Period of registration 47.100. Identity of registered operator of aircraft 47.105. Meaning of former owner and new owner 47.110. Transfer of ownership 47.115. Notice of error in information in Register 47.130. Lapsing of registration 47.131. Suspension and cancellation of registration following a transfer of ownership 47.131A. Suspension and cancellation of registration if registered operator is not an eligible person 47.131B. Cancellation of registration at holder's request--limitations 47.132. Cancellation of registration on other grounds 47.140. Meaning of aircraft for Subpart 47.G 47.145. Reservation of registration mark 47.150. Assignment of registration mark 47.155. Marks that must not be reserved or assigned 47.160. Assigning reserved registration mark to unregistered aircraft 47.165. Change of registration mark 47.170. Definitions for Subpart 47.H 47.175. Assignment of dealer's marks 47.180. What marks may be assigned to dealers 47.185. Record of dealer's marks 47.190. How long assignment to dealer remains in effect 47.195. Certificate of assignment of dealer's mark 47.205. Dealer's plate 47.210. Use of dealer's marks 47.215. Aircraft taken to be registered 47.220. Annual report to CASA on aircraft using dealer's marks 47.225. Revocation of assignment of dealer's mark etc 60.005. Applicability 60.010. Definitions for Part 60 60.015. Definitions for Subpart 60.B 60.020. Qualification levels 60.025. Application for flight simulator qualification or flight training device qualification 60.030. Initial evaluation and qualification 60.035. Issue of flight simulator qualification certificate or flight training device qualification certificate 60.040. Period of validity of flight simulator qualification or flight training device qualification 60.045. Recurrent evaluation of qualified flight simulator or qualified flight training device 60.050. Variation, cancellation or suspension of flight simulator qualification or flight training device qualification 60.055. Flight simulator and flight training device approvals--persons other than Part 141 operators and Part 142 operators 60.060. Quality system--operators other than Part 141 operators and Part 142 operators 60.065. Ongoing fidelity requirements 60.070. Modification of qualified flight simulator or qualified flight training devices 60.075. Change in qualification level of qualified flight simulator or qualified flight training device 60.080. Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device 60.085. Change of operator of qualified flight simulator or qualified flight training device 60.090. Evaluation teams 60.095. Records Subdivision 61.A.3.1---- Student pilots Subdivision 61.A.3.2---- Other circumstances in which flight crew duties may be performed without licence, rating or endorsement Division 61.A.1--General 61.005. What Part 61 is about 61.007. Application of Part 61 61.010. Definitions for Part 61 61.015. Definition of category of aircraft for Part 61 61.020. Definition of class of aircraft for Part 61 61.025. Definition of aeroplane for Part 61 61.035. Issue of Manual of Standards for Part 61 61.040. Approvals by CASA for Part 61 61.045. Prescription of qualification standards for flight simulation training devices 61.047. Prescription of recognised foreign States 61.050. Prescription of multi- engine aeroplanes included in single-engine aeroplane class 61.055. Prescription of type ratings and variants--multi -crew aircraft 61.060. Prescription of type ratings--single-pilot aircraft 61.061. Prescription of type-rated aircraft--flight review requirements for class ratings 61.062. Prescription of types of aircraft for additional limitations on class ratings 61.063. Prescription of types of single engine helicopters for flight reviews 61.065. Conduct of unauthorised activities--holders of flight crew licences Division 61.A.2--Flight time and other aeronautical experience 61.070. Flight to which Division 61.A.2 applies 61.075. Definition of aeronautical experience for Part 61 61.080. Definition of flight time as pilot for Part 61 61.085. Definition of flight time as co-pilot for Part 61 61.090. Definition of flight time as pilot in command for Part 61 61.095. Definition of flight time as pilot in command under supervision for Part 61 61.100. Definition of flight time as flight engineer for Part 61 61.105. Definition of instrument flight time for Part 61 61.110. Definition of instrument ground time for Part 61 Division 61.A.3--Performing flight crew duties without licence, rating or endorsement Subdivision 61.A.3.1--Student pilots 61.112. Flying as a student pilot 61.113. General requirements for student pilots 61.114. Solo flights--medical requirements for student pilots 61.115. Solo flights--recent experience requirements for student pilots 61.116. Student pilots authorised to taxi aircraft 61.117. Identity checks--student pilots 61.118. Production of medical certificates etc. and identification--student pilots Subdivision 61.A.3.2--Other circumstances in which flight crew duties may be performed without licence, rating or endorsement 61.119. Flying without licence--flight engineer duties 61.120. Operation of aircraft radio without licence 61.125. Conducting flight activities without rating or endorsement 61.126. Conducting flight activities without having met proficiency check or flight review 61.130. Operation of helicopter using auto flight control system without licence or rating 61.135. Authorisation to conduct flight training or flight test without holding type rating 61.140. Authorisation to test aircraft without holding type rating 61.145. Piloting glider without holding glider pilot licence Division 61.B.1--General 61.150. People who may grant flight crew licences, ratings and endorsements 61.155. Applications for flight crew licences, ratings and endorsements 61.160. Grant of flight crew licences 61.165. Grant of flight crew ratings 61.170. Grant of flight crew endorsements 61.175. How CASA issues flight crew licences, ratings and endorsements 61.180. How examiner, instructor or approval holder issues rating or endorsement 61.185. New licence document if licence, rating or endorsement cancelled 61.190. Licence holder to comply with limitations and requirements of Part 61 Division 61.B.2--Flight training and other training 61.195. Flight training requirements 61.200. Differences training requirements 61.205. When training must not be conducted in aircraft 61.210. Other approved courses of training or professional development Division 61.B.3--Aeronautical knowledge examinations 61.215. Aeronautical knowledge examinations--general 61.220. Aeronautical knowledge examinations--air transport pilot licence 61.225. Aeronautical knowledge examinations--pass standards 61.230. Aeronautical knowledge examinations--knowledge deficiency reports Division 61.B.4--Flight tests 61.235. Flight tests for flight crew licences and ratings--prerequisites 61.240. Consequences of taking flight test when ineligible 61.245. Conduct of flight tests for flight crew licences, ratings and endorsements 61.250. Pass standards for flight tests Division 61.B.5--English language proficiency 61.255. Aviation English language proficiency assessments 61.260. Duration of English language proficiency assessments 61.265. Recreational pilot licences--general English language proficiency 61.270. Approval of language proficiency assessors Division 61.B.6--Recognition of overseas flight crew authorisations 61.275. Overseas flight crew authorisations--recognition 61.280. Grant of flight crew licences, ratings or endorsements under bilateral agreements Division 61.B.7--Recognition of Australian Defence Force qualifications 61.285. Australian Defence Force qualifications--recognition 61.290. Grant of certificates of validation 61.295. Privileges of certificates of validation 61.300. Limitations on exercise of privileges of certificates of validation--medical certificate 61.305. Limitations on exercise of privileges of certificates of validation--recent experience, flight review and proficiency check 61.310. Limitations on exercise of privileges of certificates of validation--carriage of documents 61.315. Conduct of unauthorised activities by holders of certificates of validation 61.320. Certificates of validation--period of validity 61.325. Certificates of validation--renewal 61.335. Identity checks 61.336. Provision of photograph 61.340. Production of licence documents, medical certificates and identification 61.345. Personal logbooks--pilots 61.350. Personal logbooks--flight engineers 61.355. Retention of personal logbooks 61.360. False entries in personal logbooks 61.365. Production of personal logbooks Division 61.E.1--General limitations on exercise of pilot licence privileges 61.375. Limitations on exercise of privileges of pilot licences--ratings 61.380. Limitations on exercise of privileges of pilot licences--flight activity and design feature endorsements 61.385. Limitations on exercise of privileges of pilot licences--general competency requirement 61.390. Limitations on exercise of privileges of pilot licences--operating requirements and limitations 61.395. Limitations on exercise of privileges of pilot licences--recent experience for certain passenger flight activities 61.400. Limitations on exercise of privileges of pilot licences--flight review 61.405. Limitations on exercise of privileges of pilot licences--medical requirements--recreational pilot licence holders 61.410. Limitations on exercise of privileges of pilot licences--medical certificates: private pilot licence holders 61.415. Limitations on exercise of privileges of pilot licences--medical certificates: commercial, multi-crew and air transport pilot licence holders 61.420. Limitations on exercise of privileges of pilot licences--carriage of documents 61.422. Limitations on exercise of privileges of pilot licences--aviation English language proficiency 61.425. Limitations on exercise of privileges of pilot licences--unregistered aircraft 61.427. Removal of certain pilot licence conditions about airspace Division 61.E.2--General authorisations for pilot licences 61.430. Holders of pilot licences authorised to taxi aircraft 61.435. When holders of pilot licences authorised to operate aircraft radio Division 61.G.1--Privileges and grant of licences 61.460. Privileges of recreational pilot licences 61.465. Limitations on exercise of privileges of recreational pilot licences--general 61.470. Limitations on exercise of privileges of recreational pilot licences--endorsements 61.475. Requirements for grant of recreational pilot licences 61.480. Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations Division 61.G.2--Recreational pilot licence endorsements 61.485. Kinds of recreational pilot licence endorsements 61.490. Privileges of recreational pilot licence endorsements 61.495. Requirements for grant of recreational pilot licence endorsements 61.500. Grant of endorsement in recognition of other qualifications Division 61.H.1--General 61.505. Privileges of private pilot licences 61.510. Limitations on exercise of privileges of private pilot licences--multi-crew operations 61.515. Requirements for grant of private pilot licences--general Division 61.H.2--Aeronautical experience requirements for private pilot licences--applicants who have completed integrated training courses 61.520. Application of Division 61.H.2 61.525. Aeronautical experience requirements for grant of private pilot licences--aeroplane category 61.530. Aeronautical experience requirements for grant of private pilot licences--helicopter category 61.535. Aeronautical experience requirements for grant of private pilot licences--gyroplane category Division 61.H.3--Aeronautical experience requirements for private pilot licences--applicants who have not completed integrated training courses 61.540. Application of Division 61.H.3 61.545. Aeronautical experience requirements for grant of private pilot licences--aeroplane category 61.550. Aeronautical experience requirements for grant of private pilot licences--helicopter category 61.555. Aeronautical experience requirements for grant of private pilot licences--powered-lift aircraft category 61.560. Aeronautical experience requirements for grant of private pilot licences--gyroplane category 61.565. Aeronautical experience requirements for grant of private pilot licences--airship category Division 61.I.1--General 61.570. Privileges of commercial pilot licences 61.575. Limitations on exercise of privileges of commercial pilot licences--multi-crew operations 61.580. Requirements for grant of commercial pilot licences--general Division 61.I.2--Aeronautical experience requirements for commercial pilot licences--applicants who have completed integrated training courses 61.585. Application of Division 61.I.2 61.590. Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category 61.595. Aeronautical experience requirements for grant of commercial pilot licences--helicopter category 61.600. Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category Division 61.I.3--Aeronautical experience requirements for commercial pilot licences--applicants who have not completed integrated training courses 61.605. Application of Division 61.I.3 61.610. Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category 61.615. Aeronautical experience requirements for grant of commercial pilot licences--helicopter category 61.620. Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category 61.625. Aeronautical experience requirements for grant of commercial pilot licences--gyroplane category 61.630. Aeronautical experience requirements for grant of commercial pilot licences--airship category 61.635. Privileges of multi-crew pilot licences 61.640. Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: general 61.645. Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: recent experience 61.650. Limitations on exercise of privileges of multi-crew pilot licences--instrument proficiency check 61.655. Requirements for grant of multi-crew pilot licences 61.660. Aeronautical experience requirements for grant of multi-crew pilot licences--aeroplane category 61.665. Privileges of air transport pilot licences 61.670. Limitations on exercise of privileges of air transport pilot licences--helicopter IFR flight 61.675. Limitations on exercise of privileges of air transport pilot licences--single-pilot IFR flight 61.680. Limitations on exercise of privileges of air transport pilot licences--IFR flight: general 61.685. Limitations on exercise of privileges of air transport pilot licences--IFR flight: recent experience 61.695. Limitations on exercise of privileges of air transport pilot licences--instrument proficiency check 61.700. Requirements for grant of air transport pilot licences--general 61.705. Aeronautical experience requirements for grant of air transport pilot licences--aeroplane category 61.710. Aeronautical experience requirements for grant of air transport pilot licences--helicopter category 61.715. Aeronautical experience requirements for grant of air transport pilot licences--powered-lift aircraft category Division 61.L.1--Preliminary 61.720. What Subpart 61.L is about Division 61.L.2--Aircraft category ratings 61.725. Privileges of aircraft category ratings 61.730. Requirements for grant of aircraft category ratings Division 61.L.3--Aircraft class ratings 61.735. Privileges of aircraft class ratings 61.745. Limitations on exercise of privileges of aircraft class ratings--flight review 61.747. Limitations on exercise of privileges of class ratings in certain aircraft--flight review 61.750. Requirements for grant of aircraft class ratings Division 61.L.4--Design feature endorsements 61.755. Design features that require design feature endorsement 61.760. Privileges of design feature endorsements 61.765. Requirements for grant of design feature endorsements Division 61.L.5--Pilot type ratings 61.770. Privileges of pilot type ratings 61.775. Limitations on exercise of privileges of pilot type ratings--flight test in flight simulator 61.780. Limitations on exercise of privileges of pilot type ratings--variants 61.785. Limitations on exercise of privileges of pilot type ratings--single-pilot operation and multi-crew operation 61.790. Limitations on exercise of privileges of pilot type ratings--IFR operation 61.795. Limitations on exercise of privileges of pilot type ratings--recent experience on aircraft models 61.800. Limitations on exercise of privileges of pilot type ratings--flight review 61.805. Limitations on exercise of privileges of pilot type ratings--instrument proficiency check 61.810. Requirements for grant of pilot type ratings 61.815. Person taken to meet requirements for grant of pilot type rating--multi-crew pilot licence holder 61.820. Person taken to meet requirements for grant of pilot type rating--new type rating 61.822. Removal of type rating condition about acting as pilot in command Division 61.L.6--Cruise relief type ratings 61.825. Kinds of cruise relief type rating 61.830. Privileges of cruise relief type ratings 61.835. Limitations on exercise of privileges of cruise relief type ratings--general 61.840. Limitations on exercise of privileges of cruise relief type ratings--recent experience 61.845. Requirements for grant of cruise relief type ratings 61.850. Person taken to meet requirements for grant of cruise relief type rating--new type rating Division 61.M.1--Privileges and requirements for grant of instrument ratings 61.855. Privileges of instrument ratings 61.860. Limitations on exercise of privileges of instrument ratings--general 61.865. Limitations on exercise of privileges of instrument ratings--endorsements 61.870. Limitations on exercise of privileges of instrument ratings--recent experience: general 61.875. Limitations on exercise of privileges of instrument ratings--recent experience: single pilot 61.880. Limitations on exercise of privileges of instrument ratings--instrument proficiency check 61.885. Requirements for grant of instrument ratings 61.887. Removal of instrument rating conditions about acting as pilot in command under IFR Division 61.M.2--Privileges and requirements for grant of instrument endorsements 61.890. Kinds of instrument endorsement 61.895. Privileges of instrument endorsements 61.900. Limitations on exercise of privileges of instrument endorsements 61.905. Requirements for grant of instrument endorsements Division 61.N.1--Privileges and requirements for grant of private instrument ratings 61.910. Privileges of private instrument ratings 61.915. Limitations on exercise of privileges of private instrument ratings--endorsements 61.920. Limitations on exercise of privileges of private instrument ratings--recent experience 61.925. Limitations on exercise of privileges of private instrument ratings--flight review 61.930. Requirements for grant of private instrument ratings Division 61.N.2--Privileges and requirements for grant of private instrument endorsements 61.935. Kinds of private instrument endorsement 61.940. Privileges of private instrument endorsements 61.942. Limitations on exercise of privileges of private instrument endorsements--visibility and cloud 61.945. Limitations on exercise of privileges of private instrument endorsements 61.950. Requirements for grant of private instrument endorsements Division 61.O.1--Privileges and requirements for grant of night VFR ratings 61.955. Privileges of night VFR ratings 61.960. Limitations on exercise of privileges of night VFR ratings--endorsements 61.965. Limitations on exercise of privileges of night VFR ratings--recent experience 61.970. Limitations on exercise of privileges of night VFR ratings--flight review 61.975. Requirements for grant of night VFR ratings Division 61.O.2--Privileges and requirements for grant of night VFR endorsements 61.980. Kinds of night VFR endorsement 61.985. Privileges of night VFR endorsements 61.990. Requirements for grant of night VFR endorsements Division 61.P.1--Privileges and requirements for grant of night vision imaging system ratings 61.995. Privileges of night vision imaging system ratings 61.1000. Limitations on exercise of privileges of night vision imaging system ratings--general 61.1005. Limitations on exercise of privileges of night vision imaging system ratings--endorsements 61.1010. Limitations on exercise of privileges of night vision imaging system ratings--recent experience 61.1015. Limitations on exercise of privileges of night vision imaging system ratings--night vision imaging system proficiency check 61.1020. Requirements for grant of night vision imaging system ratings Division 61.P.2--Privileges and requirements for grant of night vision imaging system endorsements 61.1025. Kinds of night vision imaging system endorsement 61.1030. Privileges of night vision imaging system endorsements 61.1035. Requirements for grant of night vision imaging system endorsements Division 61.Q.1--Privileges and requirements for grant of low-level ratings 61.1040. Privileges of low-level ratings 61.1045. Limitations on exercise of privileges of low-level ratings--general 61.1050. Limitations on exercise of privileges of low-level ratings--endorsements 61.1055. Limitations on exercise of privileges of low-level ratings--recent experience 61.1060. Limitations on exercise of privileges of low-level ratings--flight review 61.1070. Requirements for grant of low-level ratings Division 61.Q.2--Privileges and requirements for grant of low-level endorsements 61.1075. Kinds of low-level endorsement 61.1080. Privileges of low-level endorsements 61.1085. Requirements for grant of low-level endorsements Division 61.R.1--Privileges and requirements for grant of aerial application ratings 61.1090. Privileges of aerial application ratings 61.1100. Limitations on exercise of privileges of aerial application ratings--endorsements 61.1105. Limitations on exercise of privileges of aerial application ratings--recent experience 61.1110. Limitations on exercise of privileges of aerial application ratings--aerial application proficiency check 61.1115. Requirements for grant of aerial application ratings Division 61.R.2--Privileges and requirements for grant of aerial application endorsements 61.1120. Kinds of aerial application endorsement 61.1125. Privileges of aerial application endorsements 61.1130. Limitations on exercise of privileges of aerial application endorsements--supervision 61.1135. Limitations on exercise of privileges of night aerial application endorsements 61.1140. Requirements for grant of aerial application endorsements 61.1145. Kinds of flight activity endorsement 61.1150. Privileges of flight activity endorsements 61.1155. Limitations on exercise of privileges of flight activity endorsements--medical certificates 61.1160. Requirements for grant of flight activity endorsements Division 61.T.1--Privileges and requirements for grant of flight instructor ratings 61.1165. Privileges of flight instructor ratings 61.1170. Limitations on exercise of privileges of flight instructor ratings--general 61.1172. Limitations on exercise of privileges of flight instructor rating--rating granted on basis of transitional provisions 61.1175. Limitations on exercise of privileges of flight instructor ratings--endorsements 61.1180. Limitations on exercise of privileges of flight instructor ratings--instructor proficiency check 61.1185. Requirements for grant of flight instructor ratings Division 61.T.2--Privileges and requirements for grant of simulator instructor ratings 61.1190. Privileges of simulator instructor ratings 61.1195. Limitations on exercise of privileges of simulator instructor ratings--general 61.1197. Limitations on exercise of privileges of simulator instructor rating--rating granted on basis of transitional provisions 61.1200. Limitations on exercise of privileges of simulator instructor ratings--endorsements 61.1205. Limitations on exercise of privileges of simulator instructor ratings--instructor proficiency check 61.1210. Requirements for grant of simulator instructor ratings Division 61.T.3--Obligations of pilot instructors 61.1215. Obligations of pilot instructors--training 61.1220. Obligations of pilot instructors--flight reviews 61.1225. Obligations of pilot instructors--student pilots 61.1227. Obligations of pilot instructors--approval to operate aircraft radio 61.1230. Obligations of pilot instructors--records of activities conducted independently of Part 141 or 142 operator Division 61.T.4--Privileges and requirements for grant of training endorsements 61.1235. Kinds of training endorsement 61.1240. Privileges of training endorsements 61.1245. Limitations on exercise of privileges of training endorsements--general 61.1246. Limitations on exercise of privileges of grade 3 training endorsements 61.1247. Limitations on exercise of privileges of low level training endorsements 61.1250. Requirements for grant of training endorsements Division 61.U.1--Privileges and requirements for grant of flight examiner ratings 61.1255. Privileges of flight examiner ratings 61.1265. Limitations on exercise of privileges of flight examiner ratings--endorsements 61.1270. Limitations on exercise of privileges of flight examiner ratings--professional development 61.1275. Limitations on exercise of privileges of flight examiner ratings--recent experience 61.1280. Limitations on exercise of privileges of flight examiner ratings--flight reviews and subject matter proficiency checks 61.1285. Limitations on exercise of privileges of flight examiner ratings--examiner proficiency check 61.1290. Requirements for grant of flight examiner ratings Division 61.U.2--Obligations of flight examiners 61.1295. Obligations of flight examiners--flight tests: strict liability offences 61.1300. Obligations of flight examiners--flight tests: other offences 61.1305. Obligations of flight examiners--proficiency checks Division 61.U.3--Privileges and requirements for grant of flight examiner endorsements 61.1310. Kinds of flight examiner endorsement 61.1315. Privileges of flight examiner endorsements 61.1318. Limitations on exercise of privileges of flight examiner endorsements--flight tests in aircraft 61.1320. Requirements for grant of flight examiner endorsements 61.1325. Privileges of flight engineer licences 61.1330. Limitations on exercise of privileges of flight engineer licences--ratings 61.1335. Limitations on exercise of privileges of flight engineer licences--recent experience 61.1340. Limitations on exercise of privileges of flight engineer licences--flight review 61.1345. Limitations on exercise of privileges of flight engineer licences--current medical certificates 61.1350. Limitations on exercise of privileges of flight engineer licences--carriage of documents 61.1352. Limitations on exercise of privileges of flight engineer licences--aviation English language proficiency 61.1355. Certain holders of flight engineer licences authorised to operate aircraft radio 61.1360. Requirements for grant of flight engineer licences 61.1365. Privileges of flight engineer type ratings 61.1370. Limitations on exercise of privileges of flight engineer type ratings--general 61.1375. Limitations on exercise of privileges of flight engineer type ratings--recent experience on aircraft models 61.1380. Limitations on exercise of privileges of flight engineer type ratings--flight review 61.1385. Requirements for grant of flight engineer type ratings 61.1390. Person taken to meet requirements for grant of flight engineer type rating--new type rating Division 61.X.1--Privileges and requirements for grant of flight engineer instructor ratings 61.1395. Privileges of flight engineer instructor ratings 61.1400. Limitations on exercise of privileges of flight engineer instructor ratings--general 61.1402. Limitations on exercise of privileges of flight engineer instructor rating--rating granted on basis of transitional provisions 61.1405. Limitations on exercise of privileges of flight engineer instructor ratings--endorsements 61.1410. Limitations on exercise of privileges of flight engineer instructor ratings--instructor proficiency check 61.1415. Requirements for grant of flight engineer instructor ratings Division 61.X.2--Obligations of flight engineer instructors 61.1420. Obligations of flight engineer instructors--training 61.1425. Obligations of flight engineer instructors--flight review 61.1427. Obligations of flight engineer instructors--approval to operate aircraft radio Division 61.X.3--Privileges and requirements for grant of flight engineer training endorsements 61.1430. Kinds of flight engineer training endorsement 61.1435. Privileges of flight engineer training endorsements 61.1440. Requirements for grant of flight engineer training endorsements Division 61.Y.1--Privileges and requirements for grant of flight engineer examiner ratings 61.1445. Privileges of flight engineer examiner ratings 61.1455. Limitations on exercise of privileges of flight engineer examiner ratings--endorsements 61.1460. Limitations on exercise of privileges of flight engineer examiner ratings--professional development 61.1465. Limitations on exercise of privileges of flight engineer examiner ratings--recent experience 61.1470. Limitations on exercise of privileges of flight engineer examiner ratings--examiner proficiency check 61.1475. Requirements for grant of flight engineer examiner ratings Division 61.Y.2--Obligations of flight engineer examiners 61.1480. Obligations of flight engineer examiners--flight tests: strict liability offences 61.1485. Obligations of flight engineer examiners--flight tests: other offences 61.1490. Obligations of flight engineer examiners--proficiency checks Division 61.Y.3--Privileges and requirements for grant of flight engineer examiner endorsements 61.1495. Kinds of flight engineer examiner endorsement 61.1500. Privileges of flight engineer examiner endorsements 61.1505. Requirements for grant of flight engineer examiner endorsements 61.1510. Privileges of glider pilot licences 61.1515. Limitations on exercise of privileges of glider pilot licences--general 61.1520. Limitations on exercise of privileges of glider pilot licences--recent experience 61.1525. Limitations on exercise of privileges of glider pilot licences--flight review 61.1530. Limitations on exercise of privileges of glider pilot licences--medical certificates 61.1535. Limitations on exercise of privileges of glider pilot licences--carriage of documents 61.1540. Requirements for grant of glider pilot licences 64.005. What Part 64 is about 64.010. Definitions for Part 64 64.012. Approvals by CASA for Part 64 64.015. Eligibility for aeronautical radio operator certificate 64.020. Obligation of assessor to ensure training is completed 64.025. Applying for aeronautical radio operator certificate 64.030. Grant of aeronautical radio operator certificate 64.035. Holder of aeronautical radio operator certificate may operate radio 64.040. Person undergoing training or assessment may operate radio 64.045. Persons who may taxi aeroplanes--general 64.050. Persons who may taxi aeroplanes--persons undergoing training or assessment 64.055. Grant of certificate of competency to taxi aeroplanes of a class or covered by a type rating 64.060. Production of certificate of competency 65.005. Applicability of this Part 65.010. Definitions for this Part 65.015. Meaning of successful completion of training 65.020. Effect of ATS provider's failure to comply with this Part 65.025. How to satisfy recency requirement 65.030. How to satisfy currency requirement 65.033. Issue of Manual of Standards 65.035. Authority to carry out air traffic control function 65.040. Rules applicable when a person performs ATC function under supervision 65.045. Offences--carrying out ATC function without authority 65.050. Authority to carry out flight service function 65.055. Rules applicable when a person performs flight service function under supervision 65.060. Offences--carrying out flight service function without authority 65.065. Authority to use ground-based radio equipment Division 65.C.1----Air traffic controller licensing 65.070. Eligibility for grant of ATC licence 65.075. Air traffic controller ratings 65.080. Grant of rating on ATC licence 65.085. Grant of endorsement on ATC licences 65.090. ATS provider's obligation to provide currency and recency training and assessment 65.095. Ancillary qualifications 65.100. Conduct of practical training 65.105. Conduct of examinations 65.115. Periods of validity of ratings and endorsements 65.120. Periods of validity of ATC qualifications Division 65.C.2--Flight service licensing 65.125. Eligibility for grant of flight service licence 65.130. Flight service ratings 65.135. Maintenance of ratings on flight service licence 65.140. Endorsements on flight service licences 65.145. Ancillary qualifications 65.150. Conduct of training 65.155. Conduct of examinations 65.165. Periods of validity of rating and endorsement 65.170. Period of validity of flight service qualification Division 65.E.1--Grant of licences 65.175. Definitions for this Subpart 65.180. How to apply 65.225. Grant of licence 65.230. When decision must be made Division 65.E.2----Ongoing proficiency and medical testing 65.250. Re-examination or re-assessment of licence or qualification holder Division 65.E.3----Suspension and cancellation of licences 65.255. Provisional suspension of licence pending examination or assessment 65.260. Provisional suspension of licence etc during investigation 65.265. Show cause procedure 65.270. CASA's powers in respect of licence etc 65.275. Choice between cancellation and suspension 65.280. Procedure for decision 65.285. Effect of suspension or provisional suspension of authorisation 66.005. Purpose of Part 66.010. Definitions for Part 66.015. Part 66 Manual of Standards 66.018. Aircraft engineer licences and kinds of aircraft 66.020. Applications for licences 66.025. Grant of licence 66.026. Grant of licence subject to exclusion 66.030. Recognition of foreign licences from recognised States held at time of application 66.035. Recognition of foreign licences from recognised States held before time of application 66.040. Recognition of foreign licences not from recognised States held at time of application--assessment by maintenance training organisation 66.045. Recognition of foreign licences not from recognised States held at time of application--assessment by CASA 66.050. Recognition of foreign licences not from recognised States held before time of application--assessment by maintenance training organisation 66.055. Recognition of foreign licences not from recognised States held before time of application--assessment by CASA 66.060. Qualifications from excluded States not recognised 66.065. Recognition of Defence Force aircraft authorisations held at time of application 66.070. Recognition of Defence Force aircraft authorisations held before time of application 66.071. Endorsement on licence of licence exclusion 66.072. Removal of exclusion from licence 66.075. Applications for ratings 66.080. Grant of rating 66.085. Determination of equivalence of certain ratings endorsed on certain licences and authorisations held at time of application 66.090. Determination of equivalence of certain ratings endorsed on certain licences and authorisations held before time of application 66.095. Grant of rating subject to exclusions 66.100. Training, assessment and experience for removal of exclusion from rating 66.105. Endorsement of rating on licence 66.110. Removal of exclusion from rating 66.115. Conditions 66.115A. Offence not to comply with licence conditions 66.120. All licences--general 66.125. All licences--medically significant conditions 66.130. Category A licences 66.135. Category B1 and B2 licences--maintenance certification on behalf of Part 145 organisation 66.137. Category B1 and B2 licences--maintenance certification other than on behalf of Part 145 organisation 66.138. Category B1 and B2 licences--certificate of release to service issued on behalf of Part 145 organisation 66.139A. Category B1 and B2 licences--certificate of release to service issued other than on behalf of Part 145 organisation 66.140. Category C licences 66.175. CASA may ask licensed aircraft maintenance engineers for information 66.180. Suspension of licence for failure to provide information 66.185. CASA must revoke suspension of licence if information provided 67.005. Applicability 67.010. Definitions for this Part 67.015. Meaning of safety-relevant 67.020. Extended meaning of convicted of an offence 67.025. Application for appointment as DAME or DAO 67.030. More information for application 67.035. Continuation of appointment until application decided 67.040. When decision must be made 67.045. Appointment of DAMEs 67.055. DAMEs--declaration about holders of position 67.060. DAMEs--conditions 67.065. Appointment of DAOs 67.075. DAOs--declaration about holders of position 67.080. DAOs--conditions 67.090. Release of information about performance of DAMEs or DAOs 67.095. DAMEs and DAOs--cancellation or surrender of appointment 67.100. DAMEs and DAOs--automatic suspension and cancellation after criminal conviction 67.105. DAMEs--automatic cancellation on ceasing to be medical practitioner 67.110. DAOs--automatic cancellation on ceasing to be medical practitioner or ophthalmologist 67.120. Revocation of declarations 67.125. Obligation to report 67.130. Surrender of certificate of appointment 67.140. Indemnification of medical reporting 67.145. Kinds of medical certificate 67.150. Who meets medical standard 1 67.155. Who meets medical standard 2 67.160. Who meets medical standard 3 67.165. Directions about examinations for issue of medical certificates 67.170. Evidence of identity 67.175. Medical certificates--application 67.180. Medical certificates--issue and refusal 67.185. Notice of decision to refuse medical certificate 67.190. Reconsideration of decision to refuse medical certificate 67.195. Medical certificate--conditions 67.200. Conditions applicable to certain medical certificates--correcting lenses 67.205. Medical certificates--period in force 67.210. Medical certificates--application for extension of period in force 67.215. Medical certificates--extension of period in force by CASA 67.220. Medical certificates--extension of period in force by DAMEs 67.225. Medical certificates--new medical certificates issued by DAMEs 67.230. CASA may require medical examination of certificate holders 67.235. Suspension of medical certificates--pregnancy 67.240. Medical certificates--suspension pending examination 67.245. Suspension of medical certificates--special arrangements for service in urgent cases 67.250. Medical certificates--effect of suspension 67.255. Medical certificates--cancellation if medical standard not met 67.260. Medical certificates--cancellation and suspension in other cases 67.262. Definition of meets the modified Austroads medical standards 67.263. Definition of modified Austroads medical standards for Subpart 67.D 67.265. Obligation to tell CASA of changes in medical condition--medical certificate holders 67.270. Offence--doing act while efficiency impaired--licence holders 67.271. Offence--doing act while efficiency impaired--student pilots 67.275. Surrender of medical certificates 90.005. Purpose of Part 90.008. Definitions for Part 90 90.010. Exclusions in relation to particular provisions 90.015. Operation of exclusions under regulation 39.004 90.020. Issue of Manual of Standards 90.100. Applicability 90.105. Flight crew restraints 90.110. Occupant restraints--small aeroplanes 90.115. Occupant restraints--helicopters 90.120. Side-facing seats 90.125. Cabin crew seats 90.130. External doors 90.135. Emergency exits 90.140. Cargo and baggage compartment lighting 90.145. Thermal/acoustic insulation materials Division 90.C.1--General 90.200. Applicability Division 90.C.2--Emergency exits 90.205. Escape devices 90.210. Location of emergency exits 90.215. Access to emergency exits 90.220. Interior emergency exit marking 90.225. Interior emergency lighting 90.230. Floor proximity emergency escape path 90.235. Exterior emergency exit marking 90.240. Exterior emergency lighting 90.245. Over-wing escape routes Division 90.C.3--Fire protection 90.250. Cabin interiors--materials 90.255. Seat cushions--materials 90.260. Cargo compartment liners--materials 90.265. Cargo compartments for aeroplanes engaged in regular public transport operations 90.270. Toilets 90.275. Thermal/acoustic insulation materials Division 90.C.4--Systems and equipment 90.280. Seats 90.285. Pitot heat indication systems 90.290. Landing gear aural warning systems 90.400. Applicability 90.405. Cargo and baggage compartments 90.410. Emergency exits 90.415. Landing gear aural warning systems 90.600. Applicability 90.605. Emergency exits 91.005. Applicability 91.830. Reduced vertical separation minimum (RVSM) operations 91.850. Required navigation performance (RNP) operations 91.865. Basic area navigation (B-RNAV) operations 91.870. Precision area navigation (P-RNAV) operations 91.875. Minimum navigation performance specification (MNPS) operations 91.880. Australian area navigation (AUSEP) operations 91.885. Navigation trial operations 91.890. Area navigation (RNAV) operations Division 91.U.1--Preliminary 91.5000. Applicability 91.5005. Definition for this Subpart 91.5010. Issue of Manual of Standards 91.5015. How long navigation authorisations remain in force 91.5020. Contravention of conditions of navigation authorisations 91.5025. Removal of aircraft from navigation authorisations--holder ceasing to operate aircraft 91.5030. Aircraft allotted new registration marks Division 91.U.2--RVSM airworthiness authorisation Division 91.U.3--RVSM operational authorisation Division 91.U.4--RNP operational authorisation 91.5150. RNP types 91.5155. Applications for RNP operational authorisation 91.5160. Criteria for grant of RNP operational authorisations 91.5165. RNP operational authorisations 91.5170. Conditions on RNP operational authorisations Division 91.U.5--B-RNAV operational authorisation Division 91.U.6--P-RNAV operational authorisation Division 91.U.7--MNPS operational authorisation Division 91.U.8--AUSEP operational authorisation Division 91.U.9--Navigation trial operational authorisation Division 91.U.10--RNAV operational authorisation 92.005. Applicability 92.010. Definitions for Part 92 92.015. What are dangerous goods? 92.020. Compliance with Technical Instructions generally 92.025. Compliance with Technical Instructions--operators 92.030. Compliance with Technical Instructions--passengers and crew 92.035. Compliance with Technical Instructions--persons who consign dangerous goods 92.040. Commercial Australian aircraft operators--conditions for carriage of dangerous goods--dangerous goods manual 92.045. Dangerous goods manual--Australian aircraft operators 92.050. Commercial foreign aircraft operators--conditions to which carriage of dangerous goods is subject 92.055. Dangerous goods manual--requirements applicable to all operators 92.065. Commercial operators--reporting of dangerous goods incidents 92.070. Dangerous goods statement (Act s 23A) 92.075. Dangerous goods statement in reliance on statement already made 92.085. Definitions for Subpart 92.C 92.090. Extended meaning of every 2 years for this Subpart 92.095. Training--certain employees of Australian aircraft operators 92.100. Training--certain employees of Australian ground handling agents 92.105. Training--certain employees of Australian freight forwarders 92.110. Required standard of training for regulations 92.095, 92.100 and 92.105 92.115. Training--certain employees of screening authorities 92.120. Training--certain employees of shippers of dangerous goods 92.125. Training--certain employees of non-Australian operators 92.130. Training--Australian operators' employees outside Australia 92.135. Requirements for training course 92.140. Who may conduct training 92.145. Records about training--Australian operators etc 92.160. Aircraft operated by law enforcement authorities 92.165. Helicopter-slung loads 92.170. Cargo carried in main deck cargo compartments 92.175. Goods carried by private operators 92.180. Goods carried for parachute operations 92.185. Carriage of fuel in large containers 92.190. Goods for use in emergency services 92.195. Carriage of ammunition by air security officers 92.200. Information in passenger terminals 92.205. Information with tickets Subdivision 99.B.3.1---- Content of DAMP Subdivision 99.B.3.2---- Drug and alcohol testing program Subdivision 99.B.3.3---- Drug and alcohol response program Subdivision 99.B.3.4---- Implementing a DAMP Subdivision 99.C.1.1---- Who may be drug or alcohol tested Subdivision 99.C.1.2---- Powers of approved testers Subdivision 99.C.1.3---- CASA to approve testing devices Subdivision 99.C.2.1---- General Subdivision 99.C.2.2---- Initial drug tests Subdivision 99.C.2.3---- Receipt and storage of samples by approved laboratories Subdivision 99.C.2.4---- Conduct of drug tests by approved laboratories Subdivision 99.C.2.5---- Record-keeping Subdivision 99.E.2.1---- Offences relating to giving a body sample Subdivision 99.E.2.2---- Offences occurring after positive test result Subdivision 99.E.2.3---- Offences relating to returning to SSAAs after positive test result 99.005. Purposes of Part 99.010. Definitions for Part 99 99.015. SSAAs to which this Part applies 99.020. Substantial compliance with requirements of Part required Division 99.B.1--Purposes of Subpart 99.025. Purposes of Subpart Division 99.B.2--Persons required to have a DAMP 99.030. Who must develop and maintain a DAMP 99.035. DAMP must be implemented 99.040. DAMP must be made available to SSAA employees Division 99.B.3--Content and implementation of DAMP Subdivision 99.B.3.1----Content of DAMP 99.045. Content of DAMP Subdivision 99.B.3.2--Drug and alcohol testing program 99.050. Requirements for drug and alcohol testing 99.055. Requirements relating to DAMP medical review officer 99.060. Requirements relating to use of testing devices Subdivision 99.B.3.3----Drug and alcohol response program 99.065. Requirements relating to SSAA employees ceasing SSAAs 99.070. Requirements relating to returning to SSAAs 99.075. Requirements relating to intervention programs Subdivision 99.B.3.4----Implementing a DAMP 99.080. Implementing a DAMP Division 99.B.4--Review and audit of DAMP 99.085. Review of DAMP by DAMP organisation 99.090. Audit of DAMP organisation by CASA 99.095. CASA may direct changes to DAMP Division 99.B.5--Provision of Information 99.100. DAMP organisation or DAMP contractor to provide information 99.105. DAMP record-keeping Division 99.C.1--Preliminary 99.110. Purposes of Subpart Subdivision 99.C.1.1----Who may be drug or alcohol tested 99.115. Who may be drug or alcohol tested 99.120. Body samples may only be taken if person consents Subdivision 99.C.1.2----Powers of approved testers 99.125. Powers of approved testers Subdivision 99.C.1.3----CASA to approve testing devices 99.130. Approved drug and alcohol testing devices Division 99.C.2--Drug testing Subdivision 99.C.2.1----General 99.135. Which body samples may be drug tested 99.140. How samples are taken and tested 99.145. Approved drug testing devices to be used for initial drug tests 99.150. Method for determining sample identifiers Subdivision 99.C.2.2----Initial drug tests 99.155. Taking samples 99.160. Initial drug test 99.165. If initial drug test result is not positive 99.170. If initial drug test result is positive 99.175. Notices of initial drug test 99.180. Dealing with samples for confirmatory drug test 99.185. Transporting samples Subdivision 99.C.2.3----Receipt and storage of samples by approved laboratories 99.190. Receipt of samples 99.195. Storage of samples Subdivision 99.C.2.4----Conduct of drug tests by approved laboratories 99.200. Testing Sample A 99.205. Samples to be tested in accordance with National Association of Testing Authorities' accreditation 99.210. Notices of Sample A results 99.215. Donor may request testing of Sample B 99.220. Approved laboratory to keep Sample B 99.225. Notices of Sample B results 99.230. Test results Subdivision 99.C.2.5----Record-keeping 99.235. Approved laboratory to keep records Division 99.C.3--Alcohol testing 99.240. Which body samples may be alcohol tested 99.245. How samples are taken and tested 99.250. Approved breathalysers to be used in alcohol tests 99.255. Alcohol tests 99.260. Test results 99.265. Notice of alcohol test Division 99.D.1--Purposes of Subpart 99.275. Purposes of Subpart Division 99.D.2--Evidentiary certificates 99.280. Certificates by approved tester 99.285. Certificates by approved laboratory 99.290. Document taken to be a certificate unless contrary intention established 99.295. Certificate not to be admitted unless copy given 99.300. Person signing the certificate may be called to give evidence 99.305. Rebuttal evidence 99.310. CASA may ask for full certificate Division 99.D.3--Prescribed proceedings 99.315. Prescribed proceedings Division 99.E.1--Purposes of Subpart 99.320. Purposes of Subpart Division 99.E.2--Offences Subdivision 99.E.2.1----Offences relating to giving a body sample 99.325. Failing to carry identification whilst undertaking applicable SSAA 99.330. Refusing or failing to give a body sample 99.335. Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample 99.340. Failing to stop performing an applicable SSAA 99.345. Failing to remain in approved tester's presence 99.350. Person must not interfere with integrity of body sample Subdivision 99.E.2.2----Offences occurring after positive test result 99.355. Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test 99.360. Continuing to perform applicable SSAA after having confirmatory drug test and before result returned 99.365. Continuing to perform applicable SSAA before confirmatory alcohol test result returned 99.370. Performing applicable SSAA showing positive result for testable drug 99.375. Performing applicable SSAA while showing positive result for a confirmatory alcohol test Subdivision 99.E.2.3----Offences relating to returning to SSAAs after positive test result 99.380. Continuing to perform applicable SSAA after having confirmatory drug test 99.385. Continuing to perform applicable SSAA after confirmatory alcohol test Division 99.E.3--CASA medical review officers 99.390. CASA medical review officers Division 99.F.1--Purposes of Subpart 99.395. Purposes of Subpart Division 99.F.2--Information 99.400. Drug or alcohol test information given or required by CASA 99.405. Information that must be given to CASA following drug or alcohol test Division 99.G.1--Purposes of Subpart 99.410. Purposes of Subpart 99.415. When CASA may vary, suspend or cancel a civil aviation authorisation 99.420. When variation, suspension or cancellation takes effect 99.425. Notice 99.430. Effect of effluxion of time in relation to the suspension of civil aviation authorisation 99.435. Effect of suspension of civil aviation authorisation Division 99.H.1--Purposes of Subpart 99.440. Purposes of Subpart Division 99.H.2--Approvals and authorisations 99.445. CASA may approve persons to take body samples and conduct tests 99.450. Persons authorised to take body samples and conduct tests Division 99.H.3--Obligations on approved testers and protection from liability 99.455. Obligations on approved testers 99.460. Approved testers not liable in certain cases Division 99.H.4--Powers of approved testers 99.465. Approved testers' powers to access premises Division 99.H.5--Identity cards 99.470. Identity cards 99.475. Return of identity card 99.480. Display and production of identity cards 99.485. Suspension or revocation of authorisation 99.490. Notices Division 99.H.6--Notices to approved testers 99.495. Notice to approved testers 101.005. Applicability of this Part 101.010. Application to rocket-powered unmanned aircraft 101.015. Application of registration and marking requirements 101.020. Exemption from certain other provisions of CAR 1988 101.025. Meaning of populous area 101.030. Approval of areas for operation of unmanned aircraft or rockets 101.035. Requirements in this Part to give information to CASA 101.050. Applicability of this Subpart 101.060. Applicability of this Subpart 101.065. Operation in prohibited or restricted area 101.070. Operation in controlled airspace 101.075. Operation near aerodromes 101.080. Permission for operation of unmanned aircraft near aerodrome 101.085. Maximum operating height 101.090. Dropping or discharging of things 101.095. Weather and day limitations 101.100. Applicability of this Subpart 101.105. Definitions for Subpart 101.110. Tethered balloons and kites that may be operated outside approved areas 101.115. Mooring-line marking 101.120. Operation of tethered balloon or kite under cloud 101.125. Tethered balloon to be lit at night 101.130. Rapid deflation device required 101.135. What to do if tethered balloon escapes 101.140. Applicability of this Subpart 101.145. Definitions for Subpart--free balloons 101.150. Definition for Subpart--approved area 101.155. Releasing small balloons 101.160. Light balloons that may be released outside approved areas 101.165. Release of medium and heavy balloons outside approved areas 101.170. Medium and heavy balloons not to be flown low 101.175. Medium and heavy balloons to be flown in clear sky 101.180. How payload must be supported--medium and heavy balloons 101.185. Equipment that must be carried--medium and heavy balloons 101.190. Lighting--medium and heavy balloons 101.195. Marking--free balloons generally 101.200. Marking by day--heavy balloons 101.205. Lighting by night--heavy balloons 101.210. Obligation to stay in communication with ATC--medium and heavy balloons 101.215. Tracking of flight--medium and heavy balloons 101.220. Flight reporting--medium and heavy balloons 101.225. Ending flight and recovery--medium and heavy balloons 101.230. Direction by ATC to end flight in certain circumstances Division 101.F.1----General 101.235. Applicability of this Subpart 101.240. Definitions for Subpart Division 101.F.2----Operation of UAVs generally 101.245. Operation near people 101.250. Where small UAVs may be operated 101.255. Large UAVs--requirement for certificate 101.260. Maintenance of large UAVs 101.265. Application of s 20AB of the Act to large UAVs 101.270. Requirement for UAV operator's certificate 101.275. Approval of operation of large UAVs 101.280. UAVs not to be operated over populous areas 101.285. Use of aeronautical radio Division 101.F.3--Certification of UAV controllers 101.290. Application for certification as UAV controller 101.295. Eligibility for certification as UAV controller 101.300. Conditions on certification as UAV controller 101.315. Notice to certified UAV controller to show cause 101.320. Cancellation of UAV controller's certification Division 101.F.4--Certification of UAV operators 101.330. Application for certification as UAV operator 101.335. Eligibility for certification as UAV operator 101.340. Conditions on certification 101.360. Notice to certified UAV operator to show cause 101.365. Cancellation of UAV operator's certification 101.375. Applicability of this Subpart 101.380. Definitions for Subpart 101.385. Visibility for operation of model aircraft 101.390. Operating model aircraft at night 101.395. Keeping model aircraft away from people 101.400. Operation of model aircraft outside approved areas 101.405. Giant model aircraft 101.410. Model flying displays 101.415. Applicability of this Subpart 101.420. Application of State and Territory laws about rockets 101.425. Definitions for Subpart 101.430. Launching rocket in or over prohibited or restricted area 101.435. Launching rockets into controlled airspace 101.440. Launching rockets near aerodromes 101.445. Getting permission for launch of rocket near aerodrome 101.450. High power rockets 101.455. Maximum operating height of rockets 101.460. Dropping or discharging of things from rockets 101.465. Weather and day limitations--rockets other than model rockets 101.470. Model rockets 101.475. What this Subpart does 101.480. Application of State and Territory laws about fireworks 101.485. Meaning of operate a firework display 101.490. Certain projectiles prohibited in firework displays 101.495. Firework displays not permitted near aerodromes 101.500. Notice to CASA of certain firework displays 117.005. What this Part is about 117.010. Misrepresentations about holding certain civil aviation authorisations 129.005. What Part 129 is about 129.020. Approvals by CASA for Part 129 129.025. Prescribed purpose--foreign air transport operations 129.030. Foreign air transport operations--foreign air transport AOC required 129.035. Foreign air transport operations--compliance with foreign air transport AOCs 129.040. Foreign air transport operations--compliance with conditions of foreign air transport AOCs 129.045. Foreign air transport AOC--information and documents that may be required 129.050. Foreign air transport AOC--manner of giving CASA information etc. 129.055. Foreign air transport AOC--conditions for issue 129.060. Foreign air transport AOC--conditions 129.065. Foreign air transport AOC--requirement to give notice of certain events 129.070. Foreign air transport operations--compliance with certain Part 91 provisions 129.075. Foreign air transport operations--compliance with Annex 6 129.080. Foreign air transport operations--common language for crew 129.085. Foreign air transport operations--flights to be in accordance with IFR or approval 129.090. Foreign air transport operations--flight crew licences 129.095. Foreign air transport operations--air displays 129.100. Foreign air transport operations--low-visibility operations 129.105. Foreign air transport operations--flying in formation 129.110. Foreign air transport operations--simulated IMC prohibited 129.115. Foreign air transport operations--simulated emergency and abnormal procedures prohibited 129.120. Foreign air transport operations--aerobatic manoeuvres prohibited 129.125. Foreign air transport operations--maximum period for use of Australian aircraft in Australian territory 129.200. Foreign air transport operations--certificates of airworthiness 129.205. Foreign air transport operations--continuing airworthiness 129.250. Foreign air transport operations--flight crew experience for aircraft covered by overseas rating 129.255. Foreign air transport operations--co-pilot 137.005. Applicability 137.010. Definitions 137.015. Approvals 137.020. Effect of other provisions 137.025. Aeroplane--type certificate 137.030. Authority of the pilot 137.035. Applicant to prepare manual 137.040. Standard operations manual 137.045. Application for an AOC or variation of an AOC 137.050. Decision on AOC and manual 137.055. Offences concerning operations manual 137.060. Operator's organisational structure 137.065. Head of flight operations 137.070. Head of aeroplane maintenance control 137.075. Replacement of holder of key personnel position 137.080. Amendments to operations manual by operator 137.085. Amendments to schedule of differences 137.090. Amendments to standard operations manual 137.095. Operation to be in VMC 137.100. Use of weather forecasts or observations 137.105. Landing areas 137.110. Safety of persons other than crew at landing areas 137.115. Refuelling 137.120. Documents to be carried on a flight 137.125. Manipulation of flight controls 137.130. Use of seats, seatbelts and harnesses 137.135. Carriage of passengers 137.140. Minimum height and lateral separation for operation 137.145. Application over populous areas 137.150. In-flight fuel management 137.155. Operations near RPT flight 137.160. Aerodrome circuit requirements 137.165. Close proximity operations 137.170. Night operations 137.175. Firefighting operations 137.180. General 137.185. Take-off over a populous area 137.190. Weight limitations 137.195. Loading--supervision 137.200. Installation of instruments and equipment 137.210. Position of instruments and equipment 137.215. Instruments and equipment required 137.220. Crew intercom system 137.225. Seatbelts and harnesses 137.230. Fitting and removal of role equipment 137.235. Pilot in command must be authorised under Part 61 137.240. Operator proficiency checks 137.245. Flight manual 137.250. Checking records 137.255. Document retention periods 137.260. Maintenance record to be given to new operator 137.265. Application of Subpart 137.Q 137.270. Subpart not to affect subsection 1 of CAO 48.1 137.275. Limit on flying hours 137.280. Off-duty period before and after tour of duty 137.285. Tour of duty--duration 137.290. Off-duty period each 14 days 137.295. Limit on time spent on tours of duty 137.300. Pilot to be fit for duty 139.005. Applicability of this Part 139.010. Definitions for this Part 139.015. Standards for aerodromes 139.025. Access to aerodromes 139.030. Restrictions on use of terminal instrument flight procedures 139.035. No effect on operation of Airports (Building Control) Regulations 1996 etc Division 139.B.1--Aerodrome certificate 139.040. When an aerodrome certificate is required 139.045. Application for aerodrome certificate 139.050. Grant of aerodrome certificate 139.070. Suspension or cancellation by CASA 139.085. Temporary aerodrome certificate Division 139.B.2--Aerodrome manual 139.090. Preparation and location of aerodrome manual 139.095. Information to be included in aerodrome manual 139.100. Form of aerodrome manual 139.105. Amendments of aerodrome manual 139.110. Notice of amendments 139.115. Aerodrome manual controller Division 139.B.3--Operation and maintenance of a certified aerodrome 139.120. Care and diligence in operation and maintenance 139.125. Reporting officer 139.130. Works safety officer for aerodrome works other than time-limited works 139.135. Works safety officer for time-limited works 139.140. Training of aerodrome personnel 139.145. Aerodrome manual procedures 139.150. Notice of deviation 139.155. Notice of changes in physical condition etc of aerodrome 139.160. Notice of changes in information published in AIP-ERSA 139.165. Physical characteristics of movement area 139.170. Aerodrome markings 139.175. Signal area 139.180. Wind direction indicators--general 139.185. Wind direction indicators--requirement for certain runways 139.190. Visual approach slope indicator system 139.195. Lighting of movement area 139.200. Checking of lighting systems 139.205. Aerodrome emergency committee 139.210. Aerodrome emergency plan 139.215. Testing of aerodrome emergency plan 139.220. Aerodrome serviceability inspections 139.225. When aerodrome serviceability inspections must be conducted 139.230. Aerodrome technical inspections 139.235. When aerodrome technical inspections must be conducted etc 139.240. Who may conduct aerodrome technical inspections 139.245. Planning and execution of aerodrome works 139.250. Safety management system Division 139.B.4--Aerodromes to which A-SMGCS applies 139.251. Definition for Division 139.B.4 139.252. Designation of aerodromes to which A-SMGCS applies 139.254. Vehicles at aerodromes to which A-SMGCS applies 139.255. Definition for this Subpart 139.260. Application for registration of aerodrome 139.265. Registration of aerodromes 139.270. Notice of refusal to register aerodrome 139.275. Register 139.280. Duration of registration 139.285. Cancellation of registration on request 139.290. Suspension or cancellation of registration by CASA 139.295. Applicable standards for registered aerodromes 139.300. Reporting officer 139.305. Notice of changes in physical condition etc of aerodrome 139.310. Notice of changes in information published in AIP-ERSA 139.315. Safety inspections 139.320. Approval of persons to conduct aerodrome safety inspections 139.325. Duration of approval 139.330. Suspension or cancellation of approval by CASA 139.335. Aerodromes to which this Subpart applies 139.340. Reporting officer 139.345. Safety inspections 139.350. Monitoring of airspace 139.355. Establishment of obstacle limitation surfaces 139.360. Notice of obstacles 139.365. Structures 110 metres or more AGL 139.370. Hazardous objects etc Division 139.F.1--General 139.375. Aerodrome operators to collect statistics if directed Division 139.F.2--Frequency confirmation system 139.380. Definitions for Division 139.F.2 139.385. Aerodromes that must have a frequency confirmation system Division 139.F.3--Air 139.390. Definitions for Division 139.F.3 139.395. Air/ground radio service must be certified 139.400. Direction by CASA to provide CA/GRS 139.405. Voluntary provision of CA/GRS 139.410. Certification of air/ground radio service 139.415. General obligations of aerodrome operator 139.420. When CA/GRS must be operating 139.425. Information about operating hours to be given to NOTAM Office 139.430. Certified air/ground radio operators 139.435. Offences Division 139.H.1--General 139.700. Applicability of this Subpart 139.705. Definitions for this Subpart 139.710. Functions of ARFFS 139.711. Person not to provide service without approval 139.712. Issue of Manual of Standards 139.715. Effect of Manual of Standards Division 139.H.3--Requirements to be complied with by ARFFS provider 139.750. Requirements in this Division 139.755. Definition for Division--applicable standards and requirements 139.760. Inconsistency between Manual and chapter 9 of Annex 14 139.765. Knowledge, equipment and expertise to deal with aviation hazards 139.770. General obligation to maintain service 139.771. Response time of ARFFS 139.772. Buildings and emergency facilities 139.773. Officer in charge 139.775. Notice about times service is available etc 139.780. Agreements with other fire fighting bodies 139.785. Stock of fire extinguishing agents 139.795. Extinguishing equipment and vehicles 139.800. Other vehicles and equipment 139.805. Vehicles and equipment for firefighting and rescue in difficult environments 139.810. Commissioning of certain equipment 139.815. Protective clothing and equipment 139.820. Communications 139.825. Test and maintenance equipment 139.830. Commissioning of new vehicles and equipment 139.835. Number of operating personnel 139.840. Medical standard of firefighters 139.845. Qualifications and training of firefighters 139.850. Operations manual 139.855. Amendment of operations manual 139.860. Voice data recording 139.865. Record of accidents or incidents 139.870. Contingency plan 139.875. Records management 139.880. Organisation 139.885. System for rectification of service failures 139.890. Quality control 139.895. Change management 139.900. Safety management 139.905. Applicant's organisation 139.910. Telling users and CASA about changes Division 139.H.4--Conduct of ARFFS operations 139.915. Powers of officer in charge or firefighter Division 139.H.5--Administration 139.920. Definition for Division 139.925. How to apply for approval as ARFFS provider 139.965. When CASA must grant approval 139.970. When decision must be made 139.995. Application for variation of approval 139.1005. Suspension or continued suspension of approval by show cause notice 139.1010. Grounds for cancellation of approval 139.1015. Notice to approved ARFFS provider to show cause 139.1020. Cancellation of approval after show cause notice 139.1022. Cancellation if holder ceases to provide ARFFS 141.005. What Part 141 is about 141.010. Aircraft and flight simulation training devices to which Part 141 applies 141.015. Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate 141.020. Definition of key personnel for Part 141 141.025. Definition of significant change for Part 141 141.030. Definitions for Part 141 141.035. Approvals by CASA for Part 141 141.040. Legislative instruments--flight training 141.045. Regulations 11.070 to 11.075 do not apply in relation to certain matters 141.050. Part 141 flight training--requirement for Part 141 certificate or approval 141.055. Part 141 certificates--application 141.060. Part 141 certificate--issue 141.065. Part 141 certificate--approval of operations manual 141.070. Part 141 certificate--conditions 141.075. Part 141 certificate--compliance with conditions 141.080. Part 141 operators--changes of name etc 141.085. Part 141 operators--application for approval of significant changes 141.090. Part 141 operators--approval of significant changes 141.095. Part 141 operators--process for making changes 141.100. Part 141 operators--CASA directions relating to operations manual or key personnel 141.105. Part 141 operators--organisation and personnel 141.110. Part 141 operators--key personnel cannot carry out responsibilities 141.115. Part 141 operators--familiarisation training for key personnel 141.120. Part 141 operators--chief executive officer: responsibilities and accountabilities 141.125. Part 141 operators--head of operations: qualifications and experience 141.130. Part 141 operators--head of operations: responsibilities 141.155. Part 141 operators--key personnel: additional qualification and experience requirements 141.160. Part 141 operators--reference library 141.165. Part 141 operators--instructors must comply with Part 141 certificate 141.170. Part 141 operators--instructors must comply with operations manual 141.175. Part 141 operators--instructors must be authorised under Part 61 141.180. Part 141 operators--instructors must have access to records 141.185. Part 141 operators--instructors must hold valid standardisation and proficiency check for operator 141.190. Part 141 operators--holding valid standardisation and proficiency check for operator 141.195. Part 141 operators--standardisation and proficiency check requirements 141.200. Part 141 operators--instructors--training in human factors principles and non-technical skills 141.205. Part 141 operators--instructors must be competent to conduct flight training in flight simulation training device 141.210. Part 141 operators--person recommended for flight test 141.225. Part 141 operators--quality system for flight simulation training devices 141.260. Part 141 operators--content of operations manual 141.265. Part 141 operators--compliance with operations manual by operator 141.270. Part 141 operators--providing personnel with operations manual 141.275. Part 141 operators--making and keeping flight training records 141.280. Part 141 operators--availability of flight training records 141.285. Part 141 operators--suitable facilities, records and resources for flight test 141.290. Part 141 operators--pilot in command to be authorised under Part 61 141.295. Part 141 operators--carriage of passengers prohibited during abnormal operations or low-flying flight training 141.300. Part 141 operators--authorisation of carriage of passengers 141.305. Part 141 operators--completion of training and assessment of competency for certain solo flights 141.306. Part 141 operators--appropriate briefing and capability to conduct certain solo flights etc. 141.310. Part 141 operators--dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required 141.315. Part 141 operators--maximum period for use of foreign registered aircraft in Australian territory 142.005. What Part 142 is about 142.010. Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices 142.015. Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142 142.020. Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142 142.025. Definition of key personnel for Part 142 142.030. Definition of significant change for Part 142 142.035. Definitions for Part 142 142.040. Approvals by CASA for Part 142 142.045. Legislative instruments--Part 142 operators 142.050. Part 142 activities--requirement for Part 142 authorisation 142.055. Part 142 activities--compliance with Part 142 authorisations: offence for operators 142.060. Part 142 activities--compliance with conditions of Part 142 authorisations: offence for operators Division 142.B.1--AOCs for Part 142 activities that involve operation of aircraft 142.065. Prescribed purpose--Part 142 activities involving the operation of aircraft 142.070. Prescribed position--safety manager 142.075. Required material--reference library 142.080. AOC--application 142.085. AOC--conditions for issue 142.095. AOC--approval of exposition 142.100. AOC--conditions Division 142.B.2--Certificates for Part 142 activities conducted in flight simulation training devices 142.105. Certificate--application 142.110. Certificate--issue 142.115. Certificate--approval of exposition 142.120. Certificate--conditions 142.125. Certificate holders--reference library 142.130. Certificate holders--regulations 11.070 to 11.075 do not apply in relation to certain matters 142.135. Part 142 operators--changes of name etc 142.140. Part 142 operators--application for approval of significant change 142.145. Part 142 operators--approval of significant changes 142.150. Part 142 operators--process for making changes 142.155. Part 142 operators--CASA directions relating to exposition or key personnel 142.160. Part 142 operators--organisation and personnel 142.165. Part 142 operators--key personnel cannot carry out responsibilities 142.170. Part 142 operators--familiarisation training for key personnel 142.175. Part 142 operators--chief executive officer: experience 142.180. Part 142 operators--chief executive officer: responsibilities and accountabilities 142.185. Part 142 operators--head of operations: qualifications and experience 142.190. Part 142 operators--head of operations: responsibilities 142.195. Part 142 operators--safety manager: experience 142.200. Part 142 operators--safety manager: responsibilities 142.205. Part 142 operators--quality assurance manager: experience 142.210. Part 142 operators--quality assurance manager: responsibilities 142.215. Part 142 operators--key personnel: additional qualifications and experience requirements 142.220. Part 142 activities--instructors and examiners must comply with Part 142 authorisation 142.225. Part 142 activities--instructors and examiners must comply with exposition 142.230. Part 142 operators--instructors and examiners must be authorised under Part 61 142.235. Part 142 operators--instructors and examiners must have access to records 142.240. Part 142 operators--instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices 142.245. Part 142 operators--person recommended for flight test 142.250. Part 142 operators--training management system 142.255. Part 142 operators--training management system requirements 142.260. Part 142 operators--safety management system 142.265. Part 142 operators--safety management system requirements 142.270. Part 142 operators--quality assurance management system 142.275. Part 142 operators--quality assurance management system requirements 142.310. Part 142 operators--internal training and checking system 142.315. Part 142 operators--internal training and checking system requirements 142.320. Part 142 operators--proficiency of instructors 142.325. Part 142 operators--holding valid standardisation and proficiency check for operator 142.330. Part 142 operators--standardisation and proficiency check requirements 142.335. Part 142 operators--instructors and examiners--training in human factors principles and non-technical skills 142.340. Part 142 operators--content of exposition 142.345. Part 142 operators--compliance with exposition by operator 142.350. Part 142 operators--providing personnel with exposition 142.355. Part 142 operators--making and keeping records 142.360. Part 142 operators--availability of records 142.365. Part 142 operators--pilot in command for training to be authorised under Part 61 142.370. Part 142 operators--carriage of passengers prohibited during abnormal operations or low-flying activity 142.375. Part 142 operators--authorisation of carriage of passengers 142.380. Part 142 operators--integrated training courses: transfer of student from another Part 142 operator 142.385. Part 142 operators--completion of training and assessment of competency for certain solo flights 142.386. Part 142 operators--appropriate briefing and capability to conduct certain solo flights etc. 142.390. Part 142 operators--dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required 142.395. Part 142 operators--maximum period for use of foreign registered aircraft in Australian territory 143.005. Applicability of this Part 143.010. Definitions for this Part 143.015. What is an ATS training provider 143.016. Person not to provide service without approval 143.017. Issue of Manual of Standards 143.020. What an application must be accompanied by 143.025. When applicant is eligible for approval 143.027. CASA may impose conditions on approvals 143.050. Variation of approvals Division 143.C.1----Requirements for training 143.055. Standard for training 143.060. Training plan Division 143.C.2----Personnel 143.065. Personnel 143.070. Qualifications for certain personnel Division 143.C.3----Reference materials, documents and records 143.075. Reference materials 143.080. Material to be included in reference materials 143.085. Documents and records 143.090. Document and record control system 143.095. Advice on organisational changes 143.100. Discontinuing training 143.105. Status as registered training organisation 143.110. Unapproved training Division 143.F.1----Preliminary 143.115. Applicability of this Subpart Division 143.F.2----Approvals 143.118. Applying for approval 143.120. Joint applications not permitted 143.130. Applications by corporations etc--what must be included 143.145. CASA may require demonstrations of procedures or equipment 143.175. Grant of approval 143.180. When decision must be made Division 143.F.4----Suspension and cancellation of approvals 143.215. Definition for this Division 143.220. Suspension of approval by show cause notice 143.225. Grounds for cancellation of approval 143.230. Notice to show cause 143.235. Cancellation of approval after show cause notice 143.245. Cancellation if cooperation or arrangement ceases 145.005. Purpose of Part 145.010. Definitions for Part 145.015. Part 145 Manual of Standards 145.020. Regulations 11.070 to 11.075 do not apply in relation to certain matters 145.025. Applying for approval 145.030. Issuing approval 145.035. Approval certificate 145.040. Privileges for Part 145 organisations 145.045. Approval subject to conditions 145.050. Application for approval of significant changes to organisations 145.055. Approval of significant changes 145.060. Changes to Part 145 organisations that are not significant changes 145.065. CASA may direct Part 145 organisations to change exposition 145.070. Provision of maintenance services 145.075. Provision of permitted training 145.080. Providing employees with exposition 145.085. Complying with directions 147.005. Purpose of Part 147.010. Definitions for Part 147.015. Part 147 Manual of Standards 147.020. Regulations 11.070 to 11.075 do not apply in relation to certain matters 147.025. Applying for approval 147.030. Issuing approval 147.035. Approval certificate 147.040. Privileges for maintenance training organisations 147.045. Approval subject to conditions 147.050. Application for approval of significant changes to organisations 147.055. Decision on application for approval of significant changes 147.060. Changes to maintenance training organisations that are not significant changes 147.065. CASA may direct maintenance training organisations to change exposition 147.070. Provision of maintenance training and assessment 147.075. Assessment of foreign licences 147.080. Providing employees with exposition 147.085. Complying with directions 171.005. Applicability of this Part 171.010. Interpretation 171.012. Meaning of telecommunication service 171.015. Person not to provide service without approval 171.017. Issue of Manual of Standards 171.020. Application 171.022. Joint applications not permitted 171.025. If applicant is a corporation 171.026. CASA may ask for demonstration of service 171.027. Grant of approval 171.028. When decision must be made 171.029. Conditions 171.030. Service by provider 171.035. Changes by service provider to service 171.040. Changes by service provider to operations manual 171.050. Technicians 171.055. Test transmissions 171.065. Interruption to service 171.070. Test equipment 171.075. Documents to be maintained 171.080. Records 171.085. Security program 171.086. Safety management system 171.090. Operations manual to contain or refer to information 171.095. Organisation and management of service provider 171.100. Way in which standards are met 171.105. Functional specification and performance values of services 171.110. Technical description 171.115. Safe operation 171.120. Facility operation and maintenance plan 171.125. Safety management system 171.140. Test equipment 171.145. Interruption to service 171.150. Document control 171.155. Security program 171.160. Changes to procedures 171.220. Suspension and cancellation of approvals 171.225. Notice to approval holder to show cause 171.230. Grounds for cancellation of approval 171.235. Cancellation of approval after show cause notice 171.237. Cancellation if cooperation or arrangement ceases 171.245. CASA's power to direct variation of manual 172.005. Applicability of this Part 172.010. Definitions for this Part 172.015. What is an ATS provider 172.020. Providing air traffic service without approval 172.022. Issue of Manual of Standards 172.024. Applicant for approval as ATS provider 172.030. When applicant is eligible for approval 172.055. Variation of approvals Division 172.C.1----Operations manual 172.060. Operations manual Division 172.C.2----Air traffic service 172.065. Standards for air traffic service 172.070. Aeronautical telecommunications procedures 172.075. ICAO Doc. 4444 and ICAO Doc. 7030 172.080. Compliance with provider's operations manual 172.085. Priority of standards 172.090. Priority of inconsistent procedures Division 172.C.3----Standards for facilities and equipment 172.095. Facilities and equipment Division 172.C.4----Organisation and personnel 172.100. Definition for this Division 172.105. Organisation 172.110. Personnel 172.115. Supervisory personnel 172.120. Qualifications for certain personnel Division 172.C.5----Arrangements to maintain service 172.125. Agreements with service providers 172.130. Agreements with aerodrome operators 172.135. Arrangements for transfer of information Division 172.C.6----Management 172.140. Training and checking program 172.145. Safety management system 172.150. Contingency plan 172.155. Security program Division 172.C.7----Reference materials, documents, records and log books 172.160. Reference materials 172.165. Documents and records 172.170. Document and record control system 172.175. Logbooks Division 172.C.8----Notice of air traffic service 172.180. Availability of air traffic service 172.185. Advice on organisational changes 172.190. Discontinuing air traffic service 172.195. ATS provider must not provide unauthorised air traffic service Division 172.F.1----Preliminary 172.200. Applicability of this Subpart Division 172.F.2----Approvals 172.202. Applying for approval 172.205. Joint applications not permitted 172.215. Applications by corporations etc--what must be included 172.230. CASA may require demonstrations of procedures or equipment 172.260. When CASA must approve an applicant 172.265. When decision must be made 172.270. Conditions Division 172.F.4----Directions to amend provider's operations manual 172.300. CASA may direct amendments to provider's operations manual Division 172.F.5----Suspension and cancellation of approvals 172.305. Definition for this Division 172.310. Suspension of approval by show cause notice 172.315. Grounds for cancellation of approval 172.320. Notice to show cause 172.325. Cancellation of approval after show cause notice 172.327. Cancellation if cooperation or arrangement ceases 173.005. Applicability 173.010. Definitions for this Part 173.015. What is a certified designer 173.020. What is a procedure design certificate 173.025. What is an authorised designer 173.030. What is a procedure design authorisation 173.035. Design, review or amendment of terminal instrument flight procedures--requirement for procedure design certificate etc 173.040. Designing instrument flight procedures other than terminal instrument flight procedures Division 173.B.1--Certification as certified designer 173.045. Applications for procedure design certificates 173.050. Criteria for grant of procedure design certificates 173.055. Procedure design certificate 173.065. How long procedure design certificates remain in force 173.070. Applications to vary procedure design certificates Division 173.B.2--Requirements to be complied with by certified designers 173.075. Certified designer to maintain operations manual 173.080. Compliance with operations manual 173.085. Standards for design of terminal instrument flight procedures etc 173.090. Verification of terminal instrument flight procedures 173.095. Validation of terminal instrument flight procedures 173.100. Publication of terminal instrument flight procedures 173.105. Radio navigation aids 173.110. Maintenance of terminal instrument flight procedures 173.115. Certified designer to provide facilities etc 173.120. Certified designer to have appropriate organisation 173.125. Certified designer to have sufficient personnel 173.130. Supervisory personnel 173.135. Certified designer to appoint chief designer 173.140. Certified designer to provide training and checking program 173.145. Certified designer to have safety management system 173.150. Certified designer to maintain reference materials 173.155. Certified designer to keep documents and records 173.160. Certified designer to have document and record control system Division 173.B.3--Chief designer 173.165. Approval for appointment of chief designer 173.170. Approval for appointment to act as chief designer 173.175. Appointment likely to have adverse effect on air safety 173.180. Chief designer's functions and duties 173.185. Duration of approval 173.190. Withdrawal or suspension of approval of appointment Division 173.B.4--Miscellaneous 173.195. Advice on organisational changes 173.200. Discontinuing design work on terminal instrument flight procedures of a particular type 173.205. Notifying the AIS of a variation to a procedure design certificate 173.210. Discontinuing maintenance of particular terminal instrument flight procedures 173.215. Transfer of maintenance responsibility Division 173.C.1--Authorisation as authorised designer 173.220. Applications for procedure design authorisations 173.225. Criteria for grant of procedure design authorisations 173.240. How long procedure design authorisations remain in force 173.245. Applications to vary procedure design authorisations Division 173.C.2--Requirements to be complied with by authorised designers 173.250. Operations manual 173.255. Compliance with operations manual 173.260. Standards for design of terminal instrument flight procedures etc 173.265. Off-shore installations 173.270. Maintenance of terminal instrument flight procedures 173.275. Authorised designer to have sufficient personnel 173.280. Authorised designer to maintain reference materials 173.285. Authorised designer to keep documents and records 173.290. Authorised designer to have document and record control system Division 173.C.3--Miscellaneous 173.295. Discontinuing design work on terminal instrument flight of a particular type 173.300. Discontinuing maintenance of terminal instrument flight procedures 173.305. Transfer of maintenance responsibility 173.310. Certified designer not to exceed the limitations of the designer's procedure design certificate 173.315. Authorised designer not to exceed the limitations of authorisation Division 173.E.1--Grant of procedure design certificates and procedure design authorisations 173.330. CASA may require demonstrations of equipment etc 173.335. Grant of procedure design certificate or procedure design authorisation 173.345. CASA may grant certificate or authorisation subject to conditions 173.350. When decision must be made Division 173.E.3--Directions to amend certified designer's or authorised designer's operations manual 173.375. CASA may direct amendments to designer's operations manual Division 173.E.4--Suspension and cancellation of procedure design certificates and procedure design authorisations 173.380. Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA Division 173.E.5--Authorised inspectors 173.390. CASA may appoint authorised inspectors 173.395. Identity card 173.400. Powers of authorised inspector 175.005. What Part 175 is about 175.010. Application of Part 175 175.015. Definitions for Part 175 175.020. References in Part 175 to Annexes 3, 4 and 15 175.025. Issue of Manual of Standards for Part 175 Division 175.B.1--AIS providers--general 175.030. Definitions for Subpart 175.B 175.035. Provision of AIS--requirement for certificate Division 175.B.2--AIS provider certificates 175.040. AIS provider certificates--who may apply 175.045. AIS provider certificates--requirements for application 175.050. AIS provider certificates--CASA may ask for demonstration of service, facility or equipment 175.055. AIS provider certificates--issue of certificate 175.060. AIS provider certificates--approval of exposition 175.065. AIS provider certificates--conditions 175.067. AIS provider certificates--cancellation of certificate if cooperation or arrangement ceases Division 175.B.3--AIS providers--changes 175.070. AIS providers--changes to services--matters included in certificate 175.075. AIS providers--other changes 175.080. AIS providers--CASA directions relating to exposition 175.085. AIS providers--notifying CASA of changes in circumstances Division 175.B.4--AIS providers--requirements for provision of AIS 175.090. AIS providers--provision of AIS must comply with laws 175.095. AIS providers--compliance with exposition 175.100. AIS providers--provision of AIS must comply with standards 175.105. AIS providers--standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts 175.110. AIS providers--standards for aeronautical data processing system 175.115. AIS providers--contravention of exposition or standards 175.120. AIS providers--NOTAM service 175.125. AIS providers--briefing service 175.130. AIS providers--post-flight information service 175.135. AIS providers--CASA directions about NOTAMS for a location 175.140. AIS providers--aerodromes not covered by Part 139--removal of references in AIP 175.145. AIS providers--publication of aeronautical charts relating to areas etc. outside authority Division 175.B.5--AIS providers--requirements about aeronautical data and aeronautical information 175.150. AIS providers--CASA directions relating to aeronautical data or aeronautical information 175.155. AIS providers--integrity of aeronautical data and aeronautical information 175.160. AIS providers--giving data product specifications to aeronautical data originators 175.165. AIS providers--revoking data product specifications 175.170. AIS providers--compliance with data product specification 175.175. AIS providers--correction and notification of errors and omissions in aeronautical data and aeronautical information 175.180. AIS providers--storage and security of aeronautical data and aeronautical information 175.185. AIS providers--timing of effective dates and distribution of certain documents and information 175.190. AIS providers--licence agreements with data service providers for supply of data sets 175.195. AIS providers--compliance with licence agreement Division 175.B.6--AIS providers--organisational requirements 175.200. AIS providers--exposition 175.205. AIS providers--organisational structure 175.210. AIS providers--personnel--general 175.215. AIS providers--personnel--accountable manager 175.220. AIS providers--personnel--training and checking system for operational personnel 175.225. AIS providers--safety management system 175.230. AIS providers--quality management system 175.235. AIS providers--facilities, equipment, data and information 175.240. AIS providers--contingency plan 175.245. AIS providers--reference materials 175.250. AIS providers--annual review by accountable manager 175.255. AIS providers--records 175.260. AIS providers--retention period for aeronautical data, aeronautical information and records Division 175.C.1--Data service providers--general 175.265. Definitions for Subpart 175.C 175.270. Conduct of data service activity--requirement for certificate 175.275. CASA to publish list of data service providers Division 175.C.2--Data service provider certificates 175.280. Data service provider certificates--who may apply 175.285. Data service provider certificates--requirements for application 175.290. Data service provider certificates--CASA may ask for demonstration of service, facility or equipment 175.295. Data service provider certificates--issue of certificate 175.300. Data service provider certificates--approval of exposition 175.305. Data service provider certificates--conditions Division 175.C.3--Data service providers--changes 175.310. Data service providers--changes to authorised data service activities--matters included in certificate 175.315. Data service providers--other changes 175.320. Data service providers--CASA directions relating to exposition 175.325. Data service providers--notifying CASA of changes in circumstances 175.330. Data service providers--notifying CASA of intention to cease activities Division 175.C.4--Data service providers--requirements for provision of data service 175.335. Data service providers--standards for data service provision 175.340. Data service providers--compliance with exposition 175.345. Data service providers--standards for aeronautical data processing system Division 175.C.5--Data service providers--requirements about aeronautical data and aeronautical information 175.350. Data service providers--CASA directions to amend aeronautical data or aeronautical information 175.355. Data service providers--integrity of aeronautical data and aeronautical information 175.360. Data service providers--correction and notification of errors and omissions in aeronautical data and aeronautical information 175.365. Data service providers--storage and security of aeronautical data and aeronautical information 175.370. Data service providers--effective dates and validity of aeronautical data, information and charts 175.375. Data service providers--compliance with licence agreement with AIS providers Division 175.C.6--Data service providers--organisational requirements 175.380. Data service providers--exposition 175.385. Data service providers--organisational structure 175.390. Data service providers--personnel--general 175.395. Data service providers--personnel--accountable manager 175.400. Data service providers--personnel--training and checking system for operational personnel 175.405. Data service providers--safety management system 175.410. Data service providers--quality management system 175.415. Data service providers--facilities, equipment, data and information 175.420. Data service providers--contingency plan 175.425. Data service providers--reference materials 175.430. Data service providers--annual review by accountable manager 175.435. Data service providers--records 175.440. Data service providers--retention period for aeronautical data, aeronautical information and records Division 175.D.1--Aeronautical data originators--general 175.445. Aeronautical data originators--AIP responsible person and NOTAM authorised persons 175.450. Aeronautical data originators--telling AIS provider of AIP responsible person and NOTAM authorised persons 175.455. Aeronautical data originators--requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS 175.460. Aeronautical data originators--requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS 175.465. Aeronautical data originators--annual review of aeronautical data and aeronautical information 175.470. Aeronautical data originators--requirements in relation to requests for issue of NOTAMS Division 175.D.2--Aeronautical data originators--Geoscience Australia 175.475. Aeronautical data originators--responsibilities of Geoscience Australia 175.480. Objects and structures that affect aviation safety--application of Subpart 175.E 175.485. Objects and structures that affect aviation safety--requests for data by AA 175.490. Objects and structures that affect aviation safety--requests for data from owners etc. 175.495. Objects and structures that affect aviation safety--requests for data from aerodrome operators 175.500. Objects and structures that affect aviation safety--requests for data from government authorities 200.001. Hang gliders 200.002. Privately built single-place ultralight aeroplanes 200.003. Gyroplanes having an empty weight not in excess of 250 kilograms 200.004. Two-place gyroplanes and single-place gyroplanes certificated as light sport aircraft 200.005. Parasails and gyrogliders 200.008. Defence Force aircraft operated by civilian flight crew 200.010. Military aircraft undergoing production or acceptance flight testing 200.013. Weight-shift-controlled aeroplanes and powered parachutes 200.014. Certain ultralight aeroplanes 200.020. Authorised flight without certificate of airworthiness 200.025. Flying unregistered aircraft 200.030. Flying unregistered aircraft--offence 201.001. Appointment of authorised persons 201.003. Commonwealth and CASA not liable in certain cases 201.004. Review of decisions 201.016. Disclosure of personal information 201.020. Service of documents 201.025. Prescription of matters for definitions in these Regulations Subdivision 202.AJ.1.A---- Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1) Subdivision 202.AJ.1.B---- Amendments made by Civil Aviation Amendment Regulations 1999 (No. 5) Subdivision 202.AJ.1.C---- Amendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013 Subdivision 202.AJ.2.A---- Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1) Subdivision 202.AJ.2.B---- Amendments made by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014 Subdivision 202.AJ.3.A---- Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1) Subdivision 202.CB.1.1---- General Subdivision 202.CB.1.2---- Continued authorisations Subdivision 202.CB.1.3---- New authorisations for holders of continued authorisations Subdivision 202.CB.1.4---- Other provisions Subdivision 202.CE.1.1---- Aircraft radiotelephone operator certificate of proficiency Subdivision 202.CE.1.2---- Approval to taxi an aeroplane Subdivision 202.CE.1.3---- Expiry of Division 202.CE.1 PART 145--ORGANISATIONS UNDERTAKING CAR MAINTENANCE ACTIVITIES--GENERAL PART 145--ORGANISATIONS UNDERTAKING CAR MAINTENANCE ACTIVITIES--APPROVAL OF ORGANISATIONS PART 145--ORGANISATIONS UNDERTAKING CAR MAINTENANCE ACTIVITIES--OFFENCE 202.010. Continuation of certain existing delegations 202.011. Continuation of exemptions under regulation 308 of CAR 202.011A. Continuation of exemptions under subregulation 82(3) of CAR 202.011B. Continuation of exemptions under subregulation 235(11) of CAR 202.011C. Continuation of exemptions under regulation 92.080 202.011D. Continuation of exemptions under regulation 92.155 202.011E. Continuation of exemptions under regulation 101.040 202.011F. Continuation of exemptions under regulation 139.020 202.011G. Renewal, variation and revocation of exemptions 202.012. Consultation on certain Manuals of Standards 202.013. Delegations to persons other than officers Division 202.AJ.1--Transitional provisions relating to certification of aircraft and aircraft components Subdivision 202.AJ.1.A--Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 202.049A. Certain design standards taken to be applicable airworthiness standards for regulation 21.017 Subdivision 202.AJ.1.B--Amendments made by Civil Aviation Amendment Regulations 1999 202.050. Certificates of type approval 202.051. Certificates of airworthiness 202.052. Export certificate of airworthiness Subdivision 202.AJ.1.C--Amendments made by Civil Aviation Legislation Amendment 202.052A. Transitional--certificates of approval for design activities Division 202.AJ.2--Transitional provisions relating to approvals of designs of modifications and repairs Subdivision 202.AJ.2.A--Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 202.053. Approvals of systems of certification under regulation 34 of CAR 202.054. Approvals of designs of modifications and repairs under regulation 35 of CAR 202.055. Approvals of aircraft components for use as replacements under regulation 36 of CAR 202.056. Use of aircraft material for particular purposes under regulation 36A of CAR 202.058. Approval of changes to flight manuals under regulations 55 and 55A of CAR Subdivision 202.AJ.2.B--Amendments made by the Civil Aviation Legislation Amendment 202.058A. Approval of damage as permissible unserviceability under regulation 21.007 Division 202.AJ.3--Transitional provisions relating to authorised persons Subdivision 202.AJ.3.A--Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 202.059. Authorised persons for regulations 35, 36 and 36A of CAR 202.060. Approvals under airworthiness instruments in force before 1 July 2009 202.070. Approvals under airworthiness instruments in force before 1 July 2009 202.090. Approvals under airworthiness instruments in force before 1 July 2009 202.140. Approvals under airworthiness instruments in force before 1 July 2009 202.170. Airworthiness directives 202.171. Application for exemption from, or variation of, requirement of airworthiness directive 202.172. Exemption from requirement of airworthiness directive 202.180. Application of Part 42 202.181. Election that Part 42 is to apply to an aircraft 202.183. Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft 202.185. Approved maintenance programs taken to include approved systems of maintenance 202.186. Approved reliability programs taken to include reliability programs included in approved systems of maintenance 202.187. Defects recorded in maintenance releases (regulation 42.355) 202.188. References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i)) 202.191. Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c)) 202.193. Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i)) 202.194. CASA may direct making of applications under regulation 42.585 Division 202.BD.1--Amendments made by the Civil Aviation Amendment Regulation 2000 (No 202.200. Australian aircraft marked in accordance with CAR Division 202.BD.2--Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters--2015 Measures No 202.205. Approvals--markings on aircraft 202.210. Exemptions--antique, experimental and ex-military aircraft 202.215. Directions--aircraft with special configuration 202.220. Directions--identification plates Division 202.BF.1--Transitional provisions relating to the commencement of Part 47 202.220. Definitions for Division 202.BF.1 202.221. Continuation of Aircraft Register 202.222. Reference to holder of a certificate of registration 202.223. Registration under CAR to continue 202.224. Pending applications or notices 202.225. Application to register aircraft under Part 47 Division 202.BF.2--Amendments made by the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014 202.226. Definitions for Division 202.BF.2 202.227. Application of regulation 47.131A 202.228. Application of regulation 47.165 202.240. Definitions for this Subpart 202.241. Transitional accreditation--flight simulators Division 202.CB.1--Amendments made by regulations commencing 1 September 2014 Subdivision 202.CB.1.1--General 202.260. Application of Division 202.CB.1--balloons excluded 202.261. Definitions for Division 202.CB.1 202.262. Application of Division 202.CB.1 to student pilot licences Subdivision 202.CB.1.2--Continued authorisations 202.263. Continuation of old authorisations 202.264. Continuation of suspended old authorisations 202.265. Non-finalised action to vary, suspend or cancel old authorisations 202.266. Removal of conditions on certain continued authorisations 202.267. Flight review and proficiency check requirements 202.268. Removal of limitation on exercise of privileges of private or commercial pilot licences--multi-crew operations 202.268A. Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062 202.269. Personal log books under regulation 5.51 of CAR--certain continued authorisations 202.270. Extended meaning of licence document in Part 61 202.271. Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018 Subdivision 202.CB.1.3--New authorisations for holders of continued authorisations 202.272. Grant of equivalent new authorisations 202.273. Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018 Subdivision 202.CB.1.4--Other provisions 202.274. Non-finalised applications for old authorisations 202.275. Eligibility for ratings--former holders of time-limited authorisations 202.276. Flight review and proficiency check requirements for certain new authorisations 202.277. Personal log books under regulation 5.51 of CAR--certain new authorisations 202.277A. Grant of private pilot licence with helicopter category rating on basis of old requirements 202.277B. Grant of commercial pilot licence with helicopter category rating on basis of old requirements 202.277C. English competency for certain holders of student pilot licences 202.278. Grant of pilot type ratings on basis of overseas training and assessment 202.279. Instrument proficiency checks partially conducted by foreign-authorised person 202.281. Expiry of Division 202.CB.1 at end of 31 August 2025 Division 202.CE.1--Amendments made by regulations commencing 1 September 2014 Subdivision 202.CE.1.1--Aircraft radiotelephone operator certificate of proficiency 202.300. Definitions for Subdivision 202.CE.1.1 202.301. Continuation of old authorisations 202.302. Continuation of suspended old authorisations 202.303. Non-finalised action to vary, suspend or cancel old authorisations 202.304. Grant of a eronautical radio operator certificates 202.305. Non-finalised applications for old authorisations Subdivision 202.CE.1.2--Approval to taxi an aeroplane 202.307. Definitions for Subdivision 202.CE.1.2 202.308. Continuation of old authorisations 202.309. Continuation of suspended old authorisations 202.310. Non-finalised action to vary, suspend or cancel old authorisations 202.311. Production of continued authorisation Subdivision 202.CE.1.3--Expiry of Division 202 202.312. Expiry of Division 202.CE.1 at end of 31 August 2018 202.320. Manual of Standards for Part 65 202.321. Persons holding certain licences 202.340. Having regard to other airworthiness authorities in granting aircraft engineer licences 202.341. Category A licence holders and certification of completion of maintenance 202.342. Category A licence holders and final certificates for completion of maintenance 202.343. Category A licence holders and endorsing maintenance releases 202.345. Transitional arrangements for category B1 and B2 licence holders 202.350. Transitional provision--Part 66 Manual of Standards 202.360. Medical certificates issued under Civil Aviation Regulations 1988 202.361. Designated aviation medical examiners appointed under Civil Aviation Regulations 1988 202.362. Actions by Director of Aviation Medicine 202.363. Applications for issue of medical certificates pending on 3 September 2003 202.440. Approval of certain training courses and instructors 202.460. Authorisations, permissions and approvals in force immediately before 1 July 2002 Division 202.FR.1--Amendments made by the Civil Aviation Legislation Amendment (Part 129) Regulation 2015 202.600. AOCs authorising charter or regular public transport operations by foreign operators--if in force immediately before 20 April 2016 202.601. AOCs authorising charter or regular public transport operations by foreign operators--if under suspension immediately before 20 April 2016 202.602. Applications by foreign operators for AOCs authorising charter or regular public transport operations--if made but not finally determined before 20 April 2016 202.603. Repeal of Division 202.FR.1 at the start of 20 April 2018 202.700. Definitions for this Subpart 202.701. Aerodrome licences issued under CAR 202.702. Conditions of transitional aerodrome licences 202.703. Duration of transitional aerodrome licences 202.704. Previous aerodrome manuals and standards for aerodromes 202.705. Exemptions 202.710. Manual of Standards for Subpart 139.H Division 202.GA.1--Amendments made by regulations commencing 1 September 2014 202.720. Definitions for Division 202.GA.1 202.721. AOCs and approvals under regulation 60.055 held immediately before 1 September 2014 202.722. AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 202.723. Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014 202.724. Application of Part 141 to certain Part 141 operators--references to operations manual 202.726. Application of Part 141 to certain Part 141 operators without Part 60 quality systems 202.727. Application of Part 141 to certain Part 141 operators--provisions that do not apply 202.727A. Application of subregulation 141.085(3) (about applications for approval of significant changes) 202.728. References to standardisation and proficiency checks for instructors for certain Part 141 operators 202.729. Expiry of Division 202.GA.1 at end of 31 August 2017 Division 202.GB.1--Amendments made by regulations commencing 1 September 2014 202.740. Definitions for Division 202.GB.1 202.741. AOCs authorising flying training--if in force immediately before 1 September 2014 202.742. AOCs authorising flying training--if under suspension immediately before 1 September 2014 202.743. Applications for AOCs authorising flying training--if made but not finally determined before 1 September 2014 202.744. Approvals under regulation 60.055 held immediately before 1 September 2014 202.745. Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 202.746. Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014 202.747. Application of Part 142 to certain Part 142 operators--references to exposition 202.748. Application of Part 142 to certain Part 142 operators with Part 60 quality systems--safety management system and quality assurance management system 202.749. Application of Part 142 to certain Part 142 operators without Part 60 quality systems--safety and quality assurance management systems not required 202.750. Application of Part 142 to certain Part 142 operators--provisions that do not apply 202.751. References to standardisation and proficiency checks for instructors for certain Part 142 operators 202.752. Expiry of Division 202.GB.1 at end of 31 August 2017 202.760. Manual of Standards for Part 143 Division 202.GE.1--Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No 202.800. CASA may direct making of applications under regulation 145.025 Division 202.GE.2--Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013 Subdivision 202.GE.2.1--Part 145 organisations undertaking CAR maintenance activities--general 202.801. Interpretation for Division 202.GE.2--Part 145 references to maintenance services taken to include references to CAR maintenance activities 202.802. Interpretation for Division 202.GE.2--Part 145 definition of approval rating 202.803. Interpretation for Division 202.GE.2--Part 145 definition of significant change 202.804. Part 145 Manual of Standards--additional matters for CAR maintenance activities Subdivision 202.GE.2.2--Part 145 organisations undertaking CAR maintenance activities--approval of organisations 202.805. Applying for approval 202.806. Issuing approval 202.807. Approval certificate 202.808. Privileges for Part 145 organisations 202.809. Approval subject to conditions Subdivision 202.GE.2.3--Part 145 organisations undertaking CAR maintenance activities--offence 202.810. Undertaking CAR maintenance activities 202.840. Recognised organisations taken to be maintenance training organisations 202.841. Applications for approval as a recognised organisation made but not finally determined before 27 June 2011 202.842. CASA may direct the making of applications under regulation 147.025 202.880. Manual of Standards for Part 171 202.900. Manual of Standards for Part 172 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.001 Name of Regulations These Regulations are the Civil Aviation Safety Regulations 1998. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.003 Harmonisation with FARs (1) These Regulations contain provisions based on the FARs. (2) An object of these Regulations is to harmonise certain parts of Australia's aviation safety law with the FARs. (3) The words 'Source FARs' below a regulation indicate that the regulation is based on the section of the FARs, as in force on 1 January 1997, stated after the words and, if the section number is followed by the word 'modified', the word indicates that the FARs section has been modified for the regulation. Example: 21.013 Eligibility Any person is eligible to apply to CASA for a type certificate or type acceptance certificate. Source FARs section 21.13 modified. The words set out below the regulation in this example indicate that the regulation is based on section 21.13 of the FARs as in force on 1 January 1997 and that the FARs section has been modified for the regulation. (4) If a word or expression is used in both a regulation and the FARs section on which the regulation is based, the meaning of the word or expression in the FARs section may be taken into account in interpreting the word or expression in the regulation, unless the contrary intention appears. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.004 Dictionary (1) The Dictionary at the end of these Regulations consists of 2 parts. (2) Part 1 contains: (a) definitions of certain expressions; and (b) signpost references to expressions that are explained in Part 2 or elsewhere in these Regulations. Note: A signpost reference to a definition or an explanation of an expression that is elsewhere than in the Dictionary (for example, 'ATSO authorisation--see paragraph 21.601(2)(b)') is not included in the Dictionary unless the definition or explanation of the expression applies outside the regulation in which it occurs. Many expressions are defined for the purposes of a particular Part, Subpart or Division, and signpost references to such definitions are generally not included in the Dictionary. (3) Part 2 consists of numbered clauses that explain certain other expressions otherwise than by means of definitions. (4) Unless the contrary intention appears, the definition or explanation of an expression in these Regulations applies to each use of the expression in these Regulations. (5) The Dictionary is part of these Regulations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.005 Appendixes (1) Some provisions have an appendix. (2) An appendix is not numbered separately from the provision to which it is an appendix, but is identified by a heading in the form 'Appendix to [kind of provision] [number]'. Example: An appendix might be headed: Appendix to subparagraph 139.095(a)(i). (3) A provision may have more than 1 appendix, and if a provision has 2 or more appendixes each is identified by a heading in the form 'Appendix [number] to [kind of provision] [number]'. (4) An appendix to a subregulation, paragraph or subparagraph appears at the end of the regulation that contains the subregulation, paragraph or subparagraph. (5) An appendix may be divided into subsections, and a subsection of an appendix may be divided into paragraphs and subparagraphs, in the same way as a regulation. (6) An appendix to a regulation, or a provision that is part of a regulation, is part of that regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.006 Status of tables of contents Tables of contents do not form part of these Regulations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 1.008 Inconsistency between MOS and Act or Regulations (1) In this regulation: "MOS " has the same meaning as in Subpart 11.J. (2) If there is an inconsistency between a MOS and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency. Note: A MOS (Manual of Standards) is a document that supports CASR by providing detailed technical material, such as technical specifications or standards. See generally 'Incorporated Manuals' (paragraphs 52 and 53) in the Guide. Table of contents Subpart 11.A --Preliminary 11.005 Purpose of Part 11.010 What is in this Part 11.015 Definitions for Part 11.018 Approval of forms Subpart 11.B --Applications for authorisations 11.020 Effect of this Subpart 11.025 Application of Part 11 to authorised persons 11.026 Application of Part 11 to approved design organisations 11.028 Application of Part 11 to examiners, instructors and approval holders 11.030 When application taken to be complete 11.032 Application for authorisation after previous authorisation cancelled 11.035 Other things CASA can ask applicant to do--test or interview 11.040 Other things CASA can ask applicant to do--provide more information 11.045 Other things CASA can ask applicant to do--demonstrate a service or facility 11.047 Other things CASA can ask applicant to do--statutory declarations to verify applications 11.050 Material that CASA may or must take into account Subpart 11.BA --Granting authorisations etc 11.055 Grant of authorisation 11.056 Authorisation may be granted subject to conditions 11.060 Notice of decision 11.065 When authorisation comes into effect 11.067 Imposing and varying conditions after grant of authorisation 11.068 Conditions imposed on class of authorisations 11.070 Conditions of authorisations--change of name or address 11.071 Conditions of authorisations--change of nationality 11.072 Conditions of authorisations--change of business status 11.073 Conditions of authorisations--notice of death, dissolution etc 11.074 Conditions of authorisations--notice required by CASA 11.075 Conditions of authorisations--provision of information 11.077 Breach of conditions--offence 11.080 Authorisations not transferable Subpart 11.C --Authorisation documents, certificates and related matters 11.090 Authorisation document--authorisations to which Chicago Convention, Annex 1 applies 11.095 Authorisation document--maintenance operation authorisations 11.100 Registration certificate (Chicago Convention, Annex 7) 11.105 Certificate of Airworthiness (Chicago Convention, Annex 8) 11.110 Authorisation document--other authorisations 11.115 Replacement documents Subpart 11.D --Applications for variation, suspension and cancellation of authorisations 11.120 What Subpart 11.D is about 11.125 Application of Subparts 11.B and 11.BA to variation of authorisation 11.130 Suspension or cancellation of authorisation 11.132 Effect of suspension Subpart 11.E --Time-limited authorisations 11.135 Purpose of Subpart 11.140 Continuation of authorisation until application decided 11.145 Application of Subparts 11.B and 11.BA 11.150 Conditions on new authorisation Subpart 11.F --Exemptions from provisions of these Regulations and Civil Aviation Orders Division 11.F.1 --Grant of standard exemptions 11.155 Purpose of Division 11.160 What exemptions can be granted under this Division 11.165 Applications for exemptions 11.170 Consideration of applications 11.175 Renewal of exemptions under this Division Division 11.F.2 --Grant of exemptions in exceptional circumstances 11.180 Purpose of Division 11.185 Exemptions in exceptional circumstances 11.190 Application 11.195 Consideration by CASA Division 11.F.3 --Exemptions generally 11.200 Purpose of Division 11.205 Conditions 11.210 Offence: failure to comply with condition 11.220 Notice of grant of exemption 11.225 Publication of exemption 11.230 When exemptions cease 11.235 Exemptions not transferable Subpart 11.G --Directions 11.240 Purpose of Subpart 11.245 CASA may issue directions 11.250 Period of effect of direction 11.255 Contravention of direction Subpart 11.H --Delegation of CASA's powers 11.260 Delegation Subpart 11.J --Manuals of Standards--procedures 11.265 Purpose of Subpart 11.267 Application of Subpart to amendment or revocation of Manual of Standards 11.270 Definition--MOS 11.275 Notice of intention to issue Manuals of Standards not required in certain circumstances 11.280 Notice of intention to issue Manuals of Standards 11.285 Comments on draft Manuals of Standards 11.290 CASA to consider comments on draft Manuals of Standards 11.295 Failure to comply with procedures not to affect validity of Manuals of Standards Subpart 11.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.005 Purpose of Part This Part sets out administrative provisions for the regulation of civil aviation, including in relation to: (a) authorisations; and (b) exemptions from provisions of these Regulations and the Civil Aviation Orders; and (c) directions; and (d) delegation of CASA's powers; and (e) the issuing of Manuals of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.010 What is in this Part (1) Subpart 11.A contains preliminary matters and definitions. (2) Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations granted under these Regulations. (3) In particular, Subpart 11.B sets out what CASA can or must do in the course of processing an application for such an authorisation, including what documents and matters CASA can or must take into account in making its decision. (3A) Subpart 11.BA contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations. (4) Subpart 11.C provides for the form of authorisation documents and other matters related to such documents. (5) Subpart 11.D is about variation, suspension or cancellation of an authorisation at the holder's request. (6) Subpart 11.E is about renewal of a time-limited authorisation. (7) Subpart 11.F is about exemptions from the provisions of these Regulations. (8) Subpart 11.G provides for the issue, by CASA, of temporary directions in relation to matters affecting the safety of air navigation. (9) Subpart 11.H deals with delegation of CASA's powers under these Regulations. (10) Subpart 11.J sets out the procedure for issuing or amending Manuals of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.015 Definitions for Part In this Part: "authorisation "means: (a) a civil aviation authorisation other than: (i) an AOC; or (ii) a delegation; or (iii) the appointment of an authorised person; or (b) an approval or qualification of a document or thing under these Regulations, other than a material, part, process or appliance to which regulation 21.305A applies; or (c) a certificate capable of being granted to a person under these Regulations. Note: For the definition of civil aviation authorisation, see section 3 of the Act. "corporation " means a legal person that is not an individual. "medical " includes psychological and psychiatric. "officer ", of a corporation, means: (a) in the case of a corporation that is a company (within the meaning of the Corporations Act 2001), a director, secretary, executive officer or employee of the corporation; or (b) in the case of a corporation of any other kind: (i) a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001); or (ii) an employee or staff member of the corporation; or (c) a receiver and manager, appointed under a power contained in an instrument, of property of the corporation. "time-limited authorisation " means: (a) an authorisation that, under another provision of these Regulations, ceases after a particular period; or (b) an authorisation granted by CASA for a specified period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.018 Approval of forms (1) If another provision of these Regulations provides for a document, other than an application for an authorisation, to be in an approved form, CASA may, in writing, approve a form for that document. (2) If, under subregulation (1), CASA has approved a form for a document, the document is not taken to have been completed unless it: (a) is in the approved form; and (b) includes all of the information required by the form. Note: For the form of an application for an authorisation, see regulation 11.030. Subpart 11.B --Applications for authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.020 Effect of this Subpart The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.025 Application of Part 11 to authorised persons If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in this Part to CASA includes, in relation to such an application, a reference to the authorised person to whom the application is made. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.026 Application of Part 11 to approved design organisations (1) If these Regulations allow an application for an authorisation to be made to an approved design organisation, a reference in this Part to CASA includes a reference to the approved design organisation to which the application is made: (a) in relation to such an application; and (b) if the organisation grants the authorisation--in relation to the following: (i) imposing conditions on, and varying conditions of, the authorisation under regulation 11.067; (ii) the conditions mentioned in regulations 11.070 to 11.074; (iii) imposing a requirement under regulation 11.074 or 11.075; (iv) an application for variation of the authorisation under Subpart 11.D. (2) Subregulation (3) applies to an approved design organisation that conducts a certification activity. (3) The following regulations apply to the approved design organisation as if each reference in them to CASA considering the application were a reference to the organisation satisfying itself about the matter to which the certification activity relates: (a) regulation 11.040 (Other things CASA can ask applicant to do--provide more information); (b) regulation 11.047 (Other things CASA can ask applicant to do--statutory declarations to verify applications). (4) In this regulation: "certification activity ": see regulation 21.233. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.028 Application of Part 11 to examiners, instructors and approval holders If these Regulations allow an application for an authorisation to be made to an examiner or instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in this Part to CASA includes, in relation to such an application, a reference to the examiner, instructor or approval holder to whom the application is made. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.030 When application taken to be complete (1) An application for an authorisation is not taken to have been made unless: (a) it is made in the manner approved by CASA for that purpose; and (aa) if CASA has approved a form for the application--it is in the approved form and includes all of the information required by the form; and (b) it includes all the information required by these Regulations; and (c) it is accompanied by every document required by these Regulations; and (d) if a fee is payable for the application--that fee has been paid. Note: It is an offence to make a false statement in, or supply a false or misleading document with, an application--see the Criminal Code, sections 137.1 and 137.2. (2) If another provision of these Regulations requires a holder of an authorisation to have an approved manual, an application for such an authorisation is not taken to have been made until the applicant gives to CASA a copy of a draft of an appropriate manual. (3) For paragraph (1)(aa), CASA may, in writing, approve a form for an application for an authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.032 Application for authorisation after previous authorisation cancelled (1) Subject to subregulation (2), if: (a) a person who applies for an authorisation at a particular time (the current time) has previously held an authorisation of the same kind (the earlier authorisation); and (b) the earlier authorisation was cancelled, other than at the request of the holder; the applicant must include with the application any available evidence to show that the applicant could properly undertake the activity authorised by the authorisation at the current time. (2) For an authorisation mentioned in an item in the following table, subregulation (1) applies only if the authorisation was cancelled for a reason mentioned in the item. Item Authorisation Reason for cancellation 1 ATC licence or flight service licence A reason mentioned in subregulation 65.265(1) 2 Approval as an ARFFS provider A reason mentioned in subregulation 139.1020(1) 3 Approval as an ATS training provider A reason mentioned in regulation 143.225 4 Approval as an ATS provider A reason mentioned in regulation 172.315 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.035 Other things CASA can ask applicant to do--test or interview (1) In this regulation: "test " includes a written, oral or on-line examination and a practical assessment. (2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to: (a) undertake a test of knowledge, skill or competence relevant to the application; or (b) come to a specified CASA office at a specified time to be interviewed. (3) If CASA reasonably needs to interview or test an officer of an applicant that is a corporation for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may, by written notice, ask the applicant to have the officer: (a) undertake a test of knowledge, skill or competence relevant to the application; or (b) come to a specified CASA office at a specified time to be interviewed. (4) The time of interview and the CASA office specified in a notice under paragraph (2)(b) or (3)(b) must be reasonable in the circumstances. (5) CASA must give to the applicant a copy of the record of any test (including the testing officer's assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (3). (6) However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.040 Other things CASA can ask applicant to do--provide more information (1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request. (2) CASA may ask an applicant to provide evidence as to the applicant's financial standing and financial capacity if there would be likely to be an adverse effect on the safety of air navigation if the applicant were granted the authorisation applied for and either did not have the resources to carry out the functions of the authorisation or were afterwards unable to continue trading. (3) If CASA asks an applicant: (a) to provide information or a copy of a document under subregulation (1); or (b) to provide evidence under subregulation (2); CASA need not begin to consider, or may stop considering, the application until CASA receives the information, document or evidence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.045 Other things CASA can ask applicant to do--demonstrate a service or facility (1) If another provision of these Regulations says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice ask an applicant for an authorisation of that kind: (a) to give a practical demonstration of its ability to provide the relevant service; or (b) to demonstrate the operation of a facility or item of equipment to be used in the course of providing the service; or (c) to allow CASA to inspect any relevant facility or equipment (whether or not it is operating). (2) If CASA asks an applicant to give a demonstration or allow an inspection under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.047 Other things CASA can ask applicant to do--statutory declarations to verify applications (1) CASA may ask an applicant to verify, by statutory declaration, any statement made by the applicant in an application. (2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.050 Material that CASA may or must take into account (1) In making a decision on an application, CASA may take into account: (a) anything in the application or in any other document submitted, or information provided, by the applicant; and (b) the record or results of any test or interview under regulation 11.035; and (c) anything else in its records about the applicant; and (d) the results of any demonstration or inspection under regulation 11.045. (2) However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant): (a) tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and (b) invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter. (3) Subject to subregulation (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account. (3A) CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission. (3B) If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration. (4) When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account: (a) the fact of the cancellation; and (b) the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and (c) any evidence that the applicant submits about the applicant's capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted. (5) For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if: (a) where the applicant is an individual (including a member of a partnership)--the applicant was a member or officer of the holder of the authorisation; or (b) where the applicant is a corporation--an officer of the applicant was a member or officer of the holder of the authorisation. (6) When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation. Subpart 11.BA --Granting authorisations etc CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.055 Grant of authorisation (1) This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act. Note 1: Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person. Note 2: Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension. Note 3: Under section 30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension. Note 4: Under section 30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice. (1A) Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if: (a) the person meets the criteria specified in these Regulations for the grant of the authorisation; and (b) any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and (c) any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and (d) these Regulations do not forbid CASA granting the authorisation in the particular case; and (e) granting the authorisation would not be likely to have an adverse effect on the safety of air navigation. (1B) If another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if: (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and (b) granting the authorisation will preserve a level of aviation safety that is at least acceptable. (1C) If the authorisation is an experimental certificate, CASA may grant the authorisation only if: (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and (b) granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water. (2) In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual): (a) having any qualifications required by or under these Regulations for the grant of the authorisation; and (b) having any experience required by or under these Regulations for that grant; and (c) having successfully completed any training required by or under these Regulations for that grant; and (d) if there is a requirement as to recency or currency of the applicant's training or experience--meeting that requirement; and (e) if a standard of medical fitness is required by or under these Regulations for that grant: (i) having attained that standard; and (ii) having been granted any medical certificate required; and (f) if particular attributes of character are required by or under these Regulations for that grant--having those attributes; and (g) if a standard of proficiency in an activity is required by or under these Regulations for that grant--meeting that standard of proficiency. (3) If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted. (4) For paragraphs (1A)(e) and (1B)(b), CASA may take into account: (a) the applicant's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and (b) the applicant's demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and (c) the applicant's experience (if any) in aviation; and (d) the applicant's knowledge of the regulatory requirements applicable to civil aviation in Australia; and (e) the applicant's history, if any, of serious behavioural problems; and (f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and (g) any evidence held by CASA that the applicant has contravened: (i) the Act or these Regulations; or (ii) a law of another country relating to aviation safety; or (iii) another law (of Australia or of another country) relating to transport safety; and (h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant's financial standing and financial stability; and (i) any other matter relating to the fitness of the applicant to hold the authorisation. (5) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant. (6) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership. (7) CASA may grant the authorisation in respect of only some of the matters sought in the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.056 Authorisation may be granted subject to conditions (1) CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate--in the interests of the safety of air navigation; or (ab) for an authorisation to which subregulation 11.055(1B) applies--in the interests of preserving a level of aviation safety that is at least acceptable; or (ac) for an authorisation that is an experimental certificate--in the interests of the safety of other airspace users or persons on the ground or water; or (b) to ensure that, as far as practicable, the environment is protected from: (i) the effects of the operation and use of aircraft; and (ii) the effects associated with the operation and use of aircraft. Note: Other conditions applicable to authorisations are set out in these Regulations--see in particular regulations 11.070 to 11.075. (2) A condition imposed under this regulation must be set out in the authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.060 Notice of decision (1) After making a decision on an application, CASA must give the applicant written notice of the decision, including: (a) if the decision was to grant the authorisation applied for: (i) if these Regulations provide for a certificate or other document to be issued to the applicant as evidence that he or she holds the authorisation--that document; and (ii) if the decision included a decision to impose a condition that was not sought by the applicant--the reasons for the decision; or (b) if the decision was to refuse to grant the authorisation--the reasons for the decision. Note: Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal--see section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 27A of the Administrative Appeals Tribunal Act 1975 requires that a person affected by a reviewable decision be given notice of the existence of the right of review. (2) A notice or document mentioned in subregulation (1) may state the date on which the authorisation comes into effect. (3) The date must not be before the date of the notice or document. (4) A failure by CASA to comply with subparagraph (1)(a)(ii) or paragraph (1)(b) in relation to a decision does not invalidate the decision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.065 When authorisation comes into effect An authorisation comes into effect: (a) on a day stated for that purpose in a document that is evidence of the holding of the authorisation, or in any relevant notice under subregulation 11.060(1); or (b) if no day is so stated--on the date of the document or notice. Note: Some kinds of authorisation continue indefinitely unless cancelled. Others cease (unless sooner cancelled) at a time set by another provision of these Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA, subject to a maximum duration. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.067 Imposing and varying conditions after grant of authorisation (1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation. (1A) CASA may impose or vary a condition only if CASA considers that it is necessary: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate--in the interests of the safety of air navigation; or (b) for an authorisation to which subregulation 11.055(1B) applies--in the interests of preserving a level of aviation safety that is at least acceptable; or (c) for an authorisation that is an experimental certificate--in the interests of the safety of other airspace users or persons on the ground or water. (2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation. (3) The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation. (4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate--in the interests of the safety of air navigation; or (b) for an authorisation to which subregulation 11.055(1B) applies--in the interests of preserving a level of aviation safety that is at least acceptable; or (c) for an authorisation that is an experimental certificate--in the interests of the safety of other airspace users or persons on the ground or water. (5) If: (a) after the end of the period specified under subregulation (3); and (b) having taken account of any submission made by the holder within that period; CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition. (6) CASA must give the holder of the authorisation written notice of its decision. (7) A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice. (8) This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.068 Conditions imposed on class of authorisations (1) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations. (2) The class of authorisations may include authorisations granted before the imposition of the condition. (3) A condition imposed by a legislative instrument issued under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument. (4) A condition imposed by a legislative instrument issued under subregulation (1) takes effect: (a) for an authorisation that takes effect before the day on which the instrument comes into force: (i) when the instrument comes into force; or (ii) if a later time is stated in the instrument--at that time; and (b) for an authorisation granted on or after the day on which the instrument comes into force: (i) when the authorisation comes into effect; or (ii) if a later time is stated in the instrument--at that time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.070 Conditions of authorisations--change of name or address (1) It is a condition of an authorisation that its holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of either of the following kinds: (a) the holder changes his, her or its name; (b) the holder changes any of the following addresses: (i) if the holder is an individual--his or her residential address; (ii) if the holder is a corporation--the address of its registered office; (iii) if the holder has given CASA an address to which notices may be sent--that address; (iv) any other address that was required to be stated in the application for the authorisation. (2) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) a change mentioned in paragraph (1)(a) or (b) happens in relation to the person; and (c) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change--within that period. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.071 Conditions of authorisations--change of nationality (1) It is a condition of an authorisation upon which is noted the nationality of its holder that the holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of his or her nationality. Note: The holder's nationality is noted on a flight crew licence and aircraft maintenance engineer licence. This requirement is imposed by ICAO. (2) A person commits an offence if the person: (a) is the holder of an authorisation on which is noted his or her nationality; and (b) changes his or her nationality; and (c) does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change--within that period. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.072 Conditions of authorisations--change of business status (1) It is a condition of an authorisation used in connection with an aviation-related activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation (3): (a) if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territory--the holder changes that name, ceases to use that name, or begins to use another name; (b) the person changes the place at which he or she carries on the business; (c) the holder ceases to be entitled to occupy the premises from which he or she carries on the business; (d) the holder ceases temporarily or permanently to carry on the business; (e) if the holder is an individual--the holder: (i) is declared bankrupt; or (ii) enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966; or (iii) applies to take the benefit of any other law for the protection of debtors; or (iv) becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months; (f) if the holder is a member of a partnership--an event mentioned in paragraph (e) happens to any of the members; (g) if the holder is a corporation: (i) the holder: (A) becomes an externally-administered body corporate (within the meaning given by section 9 of the Corporations Act 2001); or (B) applies to take the benefit of any other law for the protection of insolvent corporations; or (ii) an event mentioned in paragraph (e) happens to any of the holder's key personnel. (2) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) the person uses the authorisation in connection with an aviation-related activity of a business; and (c) a change mentioned in subregulation (1) happens in relation to the person; and (d) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change--within that period. (4) An offence against subregulation (2) in relation to a change mentioned in paragraph (1)(a), (b), (c) or (d), subparagraph (1)(e)(i), (ii) or (iii) or subparagraph (1)(g)(i) is an offence of strict liability. (5) In this regulation: "key personnel ", in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.073 Conditions of authorisations--notice of death, dissolution etc (1) It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members must tell CASA in writing within a reasonable period after the member's death. (2) It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member must tell CASA in writing within 14 days after the partnership is dissolved. (3) It is a condition of an authorisation held by a corporation that, if the corporation is placed in liquidation, the liquidator must tell CASA in writing within 14 days after the corporation is placed in liquidation. (4) A person commits an offence if: (a) he or she is the liquidator of a corporation that holds an authorisation; and (b) he or she does not, within 14 days after the corporation is placed in liquidation, tell CASA, in writing, that the corporation has been placed in liquidation. Penalty: 50 p enalty units. (5) It is a condition of an authorisation held by a corporation that, if the corporation is placed in administration, the administrator must tell CASA in writing within 14 days after the corporation is placed in administration. (6) A person commits an offence if: (a) he or she is the administrator of a corporation that holds an authorisation; and (b) he or she does not, within 14 days after the corporation is placed in administration, tell CASA, in writing, that the corporation has been placed in administration. Penalty: 50 p enalty units. (7) An offence against subregulation (4) or (6) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.074 Conditions of authorisations--notice required by CASA (1) Subject to subregulation (2), CASA may, by written notice given to the holder of an authorisation, require the holder to notify CASA of the happening of an event specified in the notice within a specified period. (2) An event specified in the notice must be an event that CASA is satisfied might adversely affect the carrying out of the activity authorised by the authorisation. (3) It is a condition of the authorisation that the holder must comply with the notice. (4) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) under subregulation (1), CASA requires the person to notify CASA of the happening of an event within a specified period; and (c) the event happens; and (d) the person does not tell CASA, in writing, of the event within the specified period. Penalty: 50 p enalty units. (5) Strict liability applies to paragraph (4)(d). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.075 Conditions of authorisations--provision of information (1) CASA may, by written notice, require the holder of an authorisation to give CASA specified information, or a specified document, that relates to the activity, document or thing to which the authorisation relates. (2) It is a condition of an authorisation that its holder must comply with a notice given under subregulation (1): (a) within 14 days after receiving the notice; or (b) if a different period is specified in the notice--within that period. (3) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) CASA requires the person, under subregulation (1), to give CASA information or a document; and (c) the person does not give CASA the information or document: (i) within 14 days after receiving the notice; or (ii) if a different period is specified in the notice--within that period. Penalty: 50 penalty units. (4) Strict liability applies to paragraph (3)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.077 Breach of conditions--offence (1) A person commits an offence if: (a) the person holds an authorisation that is subject to a condition imposed under regulation 11.056, 11.067 or 11.068; and (b) the person contravenes the condition. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.080 Authorisations not transferable An authorisation is not transferable, unless a provision in these Regulations provides otherwise. Note: For authorisations that are transferable, see the following provisions: (a) regulation 21.047 (type certificates); (b) regulation 21.179 (certificates of airworthiness); (c) regulation 21.219 (Class II provisional certificates of airworthiness); (d) regulation 21.450 (modification/repair design approvals and approvals mentioned in regulation 21.475). Subpart 11.C --Authorisation documents, certificates and related matters CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.090 Authorisation document--authorisations to which Chicago Convention, Annex 1 applies (1) This regulation applies to an authorisation to which Annex 1, Personnel Licensing, to the Chicago Convention applies. (2) The authorisation must comply with Chapter 5 of that Annex. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.095 Authorisation document--maintenance operation authorisations (1) This regulation applies to a maintenance operation authorisation (within the meaning given by Annex 6, Operation of Aircraft, to the Chicago Convention). (2) The authorisation must comply with paragraph 8.7.1.2 of that Annex. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.100 Registration certificate (Chicago Convention, Annex 7) (1) This regulation applies to a certificate of registration for an aircraft. (2) The certificate must be in a form that complies with section 7.1 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.105 Certificate of Airworthiness (Chicago Convention, Annex 8) (1) This regulation applies to a certificate of airworthiness for an aircraft. (2) The certificate must be in a form that complies with section 7 of Annex 8, Airworthiness of Aircraft, to the Chicago Convention. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.110 Authorisation document--other authorisations (1) This regulation applies to an authorisation to which none of regulations 11.090 to 11.105 apply. (2) The authorisation must set out: (a) what the authorisation is; and (b) any conditions applicable to it; and (c) when it came into effect, and, if it will cease (either under a provision of these Regulations or on a day set by CASA) if not sooner cancelled--the day when it will cease; and (d) any other information CASA thinks should be included. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.115 Replacement documents CASA may issue a replacement authorisation document in place of one: (a) that contains anything that is not, or is no longer, correct; or (b) from which anything has been omitted; or (c) that has been lost or destroyed. Subpart 11.D --Applications for variation, suspension and cancellation of authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.120 What Subpart 11.D is about This Subpart provides for applications that may be made by the holder of an authorisation for: (a) the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or (b) the suspension or cancellation of the authorisation. Note: See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.125 Application of Subparts 11.B and 11.BA to variation of authorisation (1A) The holder of an authorisation may apply, in writing, for a variation of the authorisation. (1B) The application may be made to a person to whom the application for the authorisation could have been made. (1) Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an authorisation as if each reference in Subpart 11.B to an application for an authorisation were a reference to an application to vary the authorisation. (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed. (3) Regulations 11.055, 11.056, 11.060 and 11.065 apply to a variation of an authorisation as if each reference in those regulations to an authorisation were a reference to a variation of an authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.130 Suspension or cancellation of authorisation (1) The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled. Note: In relation to the cancellation of the registration of an aircraft, see also regulation 47.131B. (1A) CASA must, by written notice to the holder, suspend or cancel the authorisation. (2) Suspension or cancellation under this Subpart has effect: (a) at the time the holder specifies in the application as the time for the suspension or cancellation to have effect; or (b) if the holder does not specify such a time--when the holder is given written notice by CASA of the suspension or cancellation. (3) Suspension of an authorisation under this Subpart ceases to have effect: (a) at the time, if any, that the holder specifies in the application as the time that the suspension is to cease to have effect; or (b) if the holder does not specify a time for that purpose--at the time CASA directs, by written notice to the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.132 Effect of suspension (1) If a person's authorisation is suspended under this Subpart: (a) the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and (b) the authorisation is not in force during the period of suspension. (2) If a time-limited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run. Subpart 11.E --Time-limited authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.135 Purpose of Subpart This Subpart sets out provisions relating to time-limited authorisations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.140 Continuation of authorisation until application decided (1) This regulation applies in relation to a time-limited authorisation (the old authorisation) if: (a) at least: (i) in the case of an authorisation held by a corporation, 90 days; or (ii) in any other case, 21 days; before the time when the old authorisation would otherwise cease, its holder applies to CASA for the issue of a new time-limited authorisation that confers the same privileges, or authorises the holder to carry out the same functions or duties, as the old authorisation; and (b) at the time when the old authorisation would otherwise cease, CASA has not made a decision on the application. (2) For subregulation (1), an applicant has applied for the new authorisation only if: (a) the applicant has given to CASA the necessary application, in the form required by these Regulations; and (b) the application is taken to be complete, in accordance with regulation 11.030; and (c) the applicant has given to CASA any other documents required by these Regulations to be given to CASA with the application. Note: The applicant does not need to give to CASA information or a document that CASA already has--see regulation 11.145. (3) In spite of any other provision of these Regulations, but subject to subregulation (4), the old authorisation continues in force until: (a) CASA makes a decision on the application; and (b) if the decision is to grant the new authorisation--the new authorisation comes into force. (4) If CASA asks for further information or a document or invites the applicant to make a submission, under a provision of Subpart 11.B as applied by regulation 11.145, and the applicant does not do so within the period specified by CASA under that provision, then, despite subregulation (3), the old authorisation is taken to cease at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.145 Application of Subparts 11.B and 11.BA (1) Subparts 11.B and 11.BA apply to an application referred to in paragraph 11.140(1)(a). (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed. (3) If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in Subpart 11.B or 11.BA or this Subpart to CASA includes, in relation to an application mentioned in paragraph 11.140(1)(a), an authorised person to whom such an application is made. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.150 Conditions on new authorisation Unless another provision of these Regulations says otherwise, if CASA grants the new authorisation, CASA is not obliged: (a) to impose the same conditions, restrictions or limitations on the new authorisation as applied to the old one; or (b) to grant the new authorisation for the same duration as for the old one. Subpart 11.F --Exemptions from provisions of these Regulations and Civil Aviation Orders CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.155 Purpose of Division This Division provides for the granting of exemptions from particular provisions of these Regulations or the Civil Aviation Orders. Note: Division 11.F.2 provides separately for exemptions in exceptional circumstances, such as a natural disaster. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.160 What exemptions can be granted under this Division (1) For subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption under this Division from compliance with: (a) a provision of these Regulations; or (b) a provision of a Civil Aviation Order; in relation to a matter mentioned in that subsection. (2) CASA may grant an exemption under this Division 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. (3) CASA may grant an exemption under this Division either on application or on its own initiative. Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004. Note 3: Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms--see subregulation 202.011(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.165 Applications for exemptions (1) A person may apply to CASA, in accordance with this regulation, for an exemption under this Division. (2) The application must be in writing. (3) The application must set out: (a) the applicant's name and address; and (b) details of any relevant authorisation; and (c) references to the relevant provisions of these Regulations; and (d) details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and (e) if the exemption will affect a particular kind of operation, the kind of operation; and (f) the reasons why the exemption is necessary; and (g) details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and (h) the date on which the applicant requires the exemption to commence; and (i) how long the applicant requires the exemption to remain in effect. (4) Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.170 Consideration of applications (1) Regulations 11.035 to 11.050 apply in relation to an application under this Division. (2) For that application, a reference to an authorisation is taken to be a reference to an exemption. (3) In making its decision, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.175 Renewal of exemptions under this Division (1) CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person: (a) applies, in accordance with regulation 11.165, for the new exemption; and (b) includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary. (2) Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1). (3) For that application, a reference to an authorisation is taken to be a reference to an exemption. (4) In making its decision, CASA must: (a) take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and (b) regard the preservation of a level of aviation safety that is at least acceptable as paramount. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.180 Purpose of Division This Division provides for the granting of exemptions in exceptional circumstances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.185 Exemptions in exceptional circumstances (1) For subsection 98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with: (a) a provision of these Regulations; or (b) a provision of a Civil Aviation Order; in relation to a matter mentioned in that subsection. (2) In subregulation (1): "exceptional circumstances " means the circumstances of a major natural disaster, or some other large-scale emergency, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations.Example: Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible. (3) To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared. (4) CASA may grant an exemption under this Division 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. (5) CASA may grant an exemption under this Division either on application or on its own initiative. Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004. Note 3: Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms--see subregulation 202.011(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.190 Application An application for an exemption under this Division may be made in any way that is reasonable in the circumstances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.195 Consideration by CASA In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.200 Purpose of Division This Division sets out general provisions applying to exemptions under this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.205 Conditions (1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation. (2) The condition must be set out in the instrument of exemption. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.210 Offence: failure to comply with condition (1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.220 Notice of grant of exemption (1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of: (a) its decision; and (b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant--the reasons for the decision. (2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.225 Publication of exemption CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart. Note: The Internet address for CASA's website is http://www.casa.gov.au. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.230 When exemptions cease (1) An exemption under Division 11.F.1 ceases: (a) at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or (b) if no day is specified for that purpose in the instrument--3 years after it commences. (2) An exemption under Division 11.F.2 ceases: (a) at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or (b) if no day is specified for that purpose in the instrument--12 months after it commences. (3) If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.235 Exemptions not transferable An exemption under this Subpart is not transferable. Subpart 11.G --Directions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.240 Purpose of Subpart This Subpart provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.245 CASA may issue directions (1) For subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting: (a) the safe navigation and operation of aircraft; or (b) the maintenance of aircraft; or (c) the airworthiness of, or design standards for, aircraft. Note 1: For the application of the Legislation Act 2003 to an instrument containing a direction under this regulation, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. Note 2: See also Part 39 in relation to CASA's powers to issue airworthiness directives. (2) However, CASA may issue such a direction: (a) only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and (b) only if the direction is not inconsistent with the Act; and (c) only for the purposes of CASA's functions. Note: CASA's functions are set out in section 9 of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.250 Period of effect of direction A direction under regulation 11.245 ceases to be in force: (a) if it specifies a day on which it ceases to be in force--on the specified day; or (b) if it does not specify a day for that purpose--1 year after the day it commences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.255 Contravention of direction (1) A person must not contravene a direction under regulation 11.245 that is applicable to the person. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Subpart 11.H --Delegation of CASA's powers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.260 Delegation (1) The Director may, by written instrument, delegate to an officer a power of CASA under these Regulations. (1A) The Director may, by written instrument, delegate to a person a power of CASA under these Regulations for, or in connection with, the performance of a function conferred on CASA under subsection 9(1) of the Act. (2) However, the following powers of CASA must be exercised by the Director personally: (b) the power to issue a type acceptance certificate subject to a condition under subregulation 21.029B(2); (c) the power to refuse to issue a type acceptance certificate under subregulation 21.029C(1); (d) the power to suspend or cancel a type acceptance certificate under subregulation 21.051(4). (3) A delegation may be subject to conditions stated in the instrument of delegation. (4) A delegate is subject to any written direction of the Director in the exercise of a power, or the performance of a function, delegated under this regulation. Note: Despite the repeal of regulation 7 of CAR, a delegation given under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms--see subregulation 202.010(1A). Subpart 11.J --Manuals of Standards--procedures CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.265 Purpose of Subpart This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards. Note: Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards. Manuals of Standards are legislative instruments and are subject to registration and disallowance under the Legislation Act 2003. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.267 Application of Subpart to amendment or revocation of Manual of Standards The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as the procedures apply to the issue of a MOS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.270 Definition--MOS In this Subpart: "MOS " means Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.275 Notice of intention to issue Manuals of Standards not required in certain circumstances (1) CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that: (a) it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or (b) the MOS is required to give effect to a specific undertaking given by the Minister; or (c) the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or (d) the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or (e) following the procedures would endanger aviation security or be otherwise contrary to the public interest. (2) If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the Internet within 28 days after the determination is made. Note: The URL for CASA's web site is http://www.casa.gov.au. (3) If CASA issues a MOS on the basis of a determination under paragraph (1)(a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the Internet a notice about the MOS giving the information set out in paragraphs 11.280(2)(a) to (d). Note: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services. (4) Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.280 Notice of intention to issue Manuals of Standards (1) If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the Internet. Note 1: The URL for CASA's web site is http://www.casa.gov.au. Note 2: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services. (2) A notice must include the following information about the draft MOS: (a) its title and a description of its contents; (b) how to obtain a copy of it; (c) the period during which comments on it may be lodged; (d) how comments are to be made and lodged. (3) Subject to subregulation (4), for paragraph (2)(c), the period must be reasonable in the circumstances but not less than 28 days. (4) For paragraph (2)(c), the period during which comments on an amendment of a MOS that is of a minor or machinery nature may be lodged must be reasonable in the circumstances but not less than 14 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.285 Comments on draft Manuals of Standards A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.290 CASA to consider comments on draft Manuals of Standards Before issuing a MOS, CASA: (a) must consider any comments it has received on the draft MOS; and (b) may consult with any person on issues arising out of the comments. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.295 Failure to comply with procedures not to affect validity of Manuals of Standards (1) A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS. (2) However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275(1)(a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280. (3) Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS. Note: Subparts 13.A to 13.J are reserved for future use. Subpart 13.K --Voluntary reporting and demerit points schemes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.320 Definitions In this Division: "Aviation Self Reporting Scheme or ASRS" means the voluntary reporting scheme established under subregulation 13.335(1) for reporting reportable contraventions. "Executive Director " means the person for the time being holding, occupying or performing the duties of the position of Executive Director of Transport Safety Investigation referred to in section 12 of the Transport Safety Investigation Act 2003. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.325 Contraventions that are not reportable For the purposes of paragraph (d) of the definition of reportable contravention in section 30DL of the Act, contraventions of the following provisions of CAR are prescribed: (a) regulation 282; (b) subregulation 288(2); (c) regulation 298A; (d) regulation 298B; (e) regulation 298C; (f) regulation 301; (g) regulation 302; (h) subregulation 305(1A). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.330 Prescribed person (Act s 30DM) For the purposes of Division 3C (Protection from administrative action for voluntary reporting) of Part III of the Act, the Executive Director is prescribed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.335 Establishment and purposes of scheme (Act s 30DN) (1) There is established a scheme (to be known as the Aviation Self Reporting Scheme) for the voluntary reporting of reportable contraventions. (2) The scheme is to be administered by the Executive Director. (3) The purposes of the scheme are: (a) to enable holders of civil aviation authorisations to voluntarily report reportable contraventions without administrative action being taken against them; and (b) to strengthen the foundation of aviation human factors safety research; and (c) to identify deficiencies and problems in the Australian aviation safety system; and (d) to provide data for planning and improvements to the Australian aviation safety system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.340 Powers and functions of Executive Director Without limiting the generality of the powers and functions of the Executive Director as administrator of ASRS, the Executive Director has the following powers and functions: (a) to process and accept reports; (b) to give receipts for reports; (c) to review information contained in reports in order to identify potential safety deficiencies and lessen the likelihood of accidents and serious incidents; (d) to issue information briefs or alert bulletins that the Executive Director considers are necessary in the interests of aviation safety; (e) to publish details of reviews made under paragraph (c). Note: Regulation 13.360 affects the powers and functions of the Executive Director relating to information contained in reports. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.345 Manner in which reports to be made (Act s 30DN(2)(b)) (1) A holder of a civil aviation authorisation who has committed a reportable contravention may make a written report of the reportable contravention under ASRS. (2) The report must be made to the Executive Director, in a form approved by the Executive Director, not later than 10 days after the reportable contravention. (3) The report must include the following information: (a) the name, postal address and daytime telephone number of the authorisation holder making the report; (b) if applicable--the Aviation Reference Number of the authorisation holder; (c) the class or classes of civil aviation authorisation held by the authorisation holder; (d) the time, date, place and nature of the contravention; (e) a description of the circumstances of the contravention; (f) so far as is practicable, the regulations contravened by the authorisation holder. Note 1: A copy of the approved form is available from ATSB's website (http://www.atsb.gov.au) or by contacting 1-800-020-505. Note 2: A report made by an authorisation holder under this regulation does not satisfy the reporting obligations under: (a) the Transport Safety Investigation Act 2003; or (b) any other provision of these Regulations relating to the reporting of defects or service difficulties on aircraft or aeronautical products. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.350 Processing of reports (1) A report purportedly made in accordance with regulation 13.345 must be accepted by the Executive Director, unless it appears on the face of the report that the contravention for which the report is made is not a reportable contravention. Note: Under section 30DL of the Act, the following contraventions are not reportable contraventions: (a) a contravention of these Regulations that is deliberate; (b) a contravention of these Regulations that is fraudulent; (c) a contravention of these Regulations that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported); (d) a contravention of a regulation prescribed under regulation 13.325. (2) If the Executive Director accepts a report, the Executive Director must: (a) ensure that the report is given a unique receipt number and stamped, on the front page, with the receipt number and the date when the report was made; and (b) give to the holder of a civil aviation authorisation who made the report a receipt that sets out: (i) the authorisation holder's name; and (ii) the date the report was made; and (iii) the date and nature of the contravention; and (c) having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and (d) return the report to the authorisation holder who made the report. (3) If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.355 Reports relating to unlawful interference If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, 'International Civil Aviation Vocabulary', as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.360 Use of information contained in reports (Act s 30DN(2)(c)) (1) The Executive Director must not keep a copy of a report made under ASRS. (2) The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS. (3) Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.365 Delegation by Executive Director (1) The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division. (2) In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.370 Offences to which demerit points scheme applies (Act s 30DT) (1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies. (2) The number of points that are incurred in relation to an offence to which that Division applies are as follows: (a) if the maximum penalty for the offence is 10 penalty units or less--1 demerit point; (b) if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units--2 demerit points; (c) if the maximum penalty for the offence is 26 penalty units or more--3 demerit points. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.375 Classes of civil aviation authorisations For the purposes of section 30DU of the Act, a civil aviation authorisation mentioned in column 2 of an item in table 13.375 belongs to the class of civil aviation authorisation mentioned in column 3 of the item. Table 13.375 Classes of civil aviation authorisations Column 1 Item Column 2 Particular civil aviation authorisations Column 3 Class of civil aviation authorisation 1 a certificate issued under section 27 of the Act Air operator certificate 2 a certificate issued under Part 47 of CASR Certificate of registration 3 a certificate issued under regulation 30 of CAR Certificate of approval 4 an aircraft engineer licence Authorisation to perform maintenance certification and issue certificate of release to service 4A an authority mentioned in regulation 33B or 33C of CAR Maintenance authority 5 a licence referred to in paragraph 5.08(b) of CAR Flight radiotelephone licence 6 a licence referred to in paragraph 5.08(a) of CAR or a pilot licence Pilot licence 7 a flight engineer licence Flight engineer licence 8 a certificate issued under Part 6 of CAR or Part 67 of CASR Medical certificate 9 a licence or authorisation issued under Part 65 of CASR Air traffic control licence 10 a certificate issued under Subpart 101.F of CASR UAV certificate 11 (a) a certificate issued under Subpart 139.B of CASR (b) a registration granted under Subpart 139.C of CASR Aerodrome certificate 12 an approval granted under Subpart 139.H of CASR ARFFS approval 12A an approval granted under regulation 141.035 or 142.040 Flying training authorisation 12B a certificate issued under regulation 141.060 or 142.110 Flying training authorisation 13 an approval granted under Part 143 or 172 of CASR ATS approval 14 an approval granted under Part 171 of CASR Aeronautical telecommunication and radionavigation provider approval 15 a certificate or authorisation issued under Part 173 of CASR Instrument flight procedure approval CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 13.380 Effect of subsequent suspension or cancellation in certain situations (Act s 30DV) If: (a) a civil aviation authorisation is cancelled (the earlier cancellation); and (b) if there had been no earlier cancellation, a subsequent suspension or cancellation under Division 3D of Part III of the Act would have had effect in relation to the authorisation; and (c) the earlier cancellation is later set aside by the Administrative Appeals Tribunal; the subsequent suspension or cancellation has effect, in relation to the civil aviation authorisation, on the day immediately following the day when the Administrative Appeals Tribunal set aside the earlier cancellation. Table of contents Subpart 21.A --General 21.001 Applicability 21.001A Definition for Subpart 21.002C Suspension or cancellation of an instrument 21.002D Show cause notices 21.002E Cancellation of certain certificates 21.003 Reporting failures, malfunctions, and defects 21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft 21.006 Approval of aircraft flight manuals 21.006A Approval of changes to aircraft flight manuals 21.007 Permissible unserviceabilities 21.007A Advice about major damage 21.008 Meaning of technical data 21.009 Approval of technical data 21.010 References to modifications and repairs in Part 21.010A References to the national aviation authority of a recognised country 21.010B Definition of recognised country 21.010C References to countries with which Australia has agreements 21.010D Issue of Manual of Standards for Part 21 Subpart 21.B --Type certificates and type acceptance certificates 21.011 Applicability 21.013 Eligibility 21.013A Issue of type certificate 21.014 Recognition of foreign certification 21.015 Application for type certificate 21.016 Special standards and other conditions on type certificates 21.017 Designation of applicable airworthiness standards 21.019 Changes requiring a new type certificate 21.021 Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers 21.024 Type certificate: primary category aircraft 21.025 Issue of type certificate: restricted category aircraft 21.026 Type certificate: intermediate category aircraft 21.027 Type certificate: surplus aircraft of the Armed Forces 21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country 21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country 21.029B Issue of type acceptance certificates subject to conditions 21.029C Refusal to issue type acceptance certificate 21.031 Type design--meaning 21.033 Inspection and tests 21.035 Flight tests 21.037 Flight test pilot 21.039 Flight test instrument calibration and correction report 21.041 Type certificate--meaning 21.043 Location of manufacturing facilities 21.047 Transfer of type certificates 21.048 Licensing of type certificates 21.049 Availability 21.050 Instructions for continued airworthiness and manufacturer's maintenance manuals having airworthiness limitations sections 21.051 Type certificates and type acceptance certificates--duration and suspension or cancellation 21.053 Statement of conformity Subpart 21.C --Provisional type certificates 21.071 Applicability 21.073 Eligibility 21.075 Application 21.076 Issue of provisional type certificate 21.077 Duration 21.078 Suspension and cancellation 21.081 Requirements for issue and amendment of Class I provisional type certificates 21.083 Requirements for issue and amendment of Class II provisional type certificates 21.085 Provisional amendments to type certificates Subpart 21.D --Changes to type certificates 21.091 Applicability 21.093 Classification of changes in type design 21.095 Approval of minor changes in type design 21.097 Eligibility for approval of major changes in type design 21.098 Issue of approval of major change in type design 21.099 Required design changes 21.101 Designation of applicable regulations Subpart 21.E --Supplemental type certificates 21.111 Applicability 21.113 Eligibility for supplemental type certificate 21.113A Issue of supplemental type certificate 21.114 Foreign supplemental type certificates 21.115 Entitlement to supplemental type certificate--meeting applicable airworthiness requirements 21.117 What supplemental type certificates are taken to consist of 21.118 Duration, suspension and cancellation of supplemental type certificates 21.119 Duration, suspension and cancellation of foreign supplemental type certificates 21.120 Transfer of supplemental type certificates 21.120A Licensing of supplemental type certificates 21.120B Variations of supplemental type certificates Subpart 21.F --Production under type certificate only 21.121 Applicability 21.123 Production under type certificate 21.125 Production inspection system: Materials Review Board 21.127 Tests: aircraft 21.128 Tests: aircraft engines 21.129 Tests: variable pitch propellers 21.130 Statement of conformity 21.130A Records to be kept by manufacturer Subpart 21.G --Production certificates 21.131 Applicability 21.132 Definitions for Subpart 21.G 21.132A Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation 21.133 Eligibility 21.134 Issue of production certificate 21.135 Requirements for entitlement 21.137 Location of manufacturing facilities 21.139 Quality system 21.143 Quality system data requirements: prime manufacturer 21.144 Production inspection system 21.145 Materials Review Board 21.147 Changes in quality system 21.149 Multiple products 21.151 Production limitation record 21.153 Amendment of production certificate 21.157 Inspections and tests 21.159 Duration 21.161 Display 21.163 Privileges for holders of production certificates--conduct of training in particular maintenance 21.165 Responsibility of holder of production certificate 21.166 Records to be kept by holder of production certificate Subpart 21.H --Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits 21.171 Applicability 21.172 Definitions for Subpart 21.173 Eligibility 21.175 Certificates of airworthiness: classification 21.176 Issue of certain certificates of airworthiness 21.179 Transferability 21.181 Duration of certain certificates of airworthiness 21.182 Aircraft manufacturer's data plate 21.183 Standard certificates of airworthiness 21.184 Special certificates of airworthiness for primary category aircraft 21.184A Special certificates of airworthiness for intermediate category aircraft 21.185 Certificates of airworthiness for restricted category aircraft 21.186 Special certificates of airworthiness for light sport aircraft 21.187 Multiple-category airworthiness certification 21.189 Special certificate of airworthiness for limited category aircraft 21.190 Special certificates of airworthiness--amateur-built category aircraft accepted under an ABAA 21.191 Experimental certificates 21.192 Experimental certificates: eligibility 21.193 Experimental certificates: general 21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training 21.195A Issue of experimental certificates 21.195B Duration, production for inspection, suspension and cancellation of experimental certificates 21.195C Exercise of certain powers by authorised persons and relevant approved design organisations 21.196 Special flight permits: eligibility 21.197 Special flight permits 21.199 Applications for special flight permits 21.200 Issue of special flight permits 21.201 Inspection, suspension and cancellation of special flight permits Subpart 21.I --Provisional certificates of airworthiness 21.211 Applicability 21.213 Eligibility 21.215 Application 21.216 Issue of provisional certificates of airworthiness 21.217 Duration 21.219 Transferability 21.221 Class I provisional certificates of airworthiness 21.223 Class II provisional certificates of airworthiness 21.225 Provisional certificates of airworthiness corresponding with provisional amendments to type certificates Subpart 21.J --Approved design organisations Division 21.J.1 --General 21.231 What Subpart 21.J is about 21.233 Definitions for Subpart 21.J 21.235 Privileges for approved design organisations 21.237 Prohibition of unauthorised carrying out of design activities 21.239 Applications may be made to approved design organisation--approval activities and experimental certificates Division 21.J.2 --Approval as approved design organisation 21.241 Applying for approval 21.243 Granting approval 21.245 Approval certificate 21.247 Approval subject to conditions--general 21.248 Approval subject to conditions--holders of other authorisations under Part 21 and licensees 21.249 Cancellation, suspension and variation of approval Division 21.J.3 --Authorisation to carry out particular certification activity 21.251 Authorisation of approved design organisations to carry out certification activities Division 21.J.4 --Changes to approved design organisations 21.253 Application for approval of change to scope of approval 21.255 Application for approval of change to design assurance system 21.256 Change to design assurance system manual at direction of CASA 21.257 Application for approval of permanent appointment of new accountable manager or head of design 21.258 Permanent appointment of other key personnel--requirement to tell CASA 21.259 Change to exposition by organisation 21.261 Change to exposition at direction of CASA Division 21.J.5 --Obligations of approved design organisations 21.263 Content of exposition 21.265 Compliance with exposition 21.267 Design assurance system 21.269 Requirements for design assurance system--general 21.270 Requirements for design assurance system--holders of other authorisations under Part 21 and licensees 21.271 Compliance with design assurance system manual 21.273 Audit of approved design organisation by CASA 21.275 Inspections and observations 21.277 Record keeping and production of records to CASA 21.279 Directions with specified procedures or instructions 21.281 Investigation of potentially unsafe condition 21.283 Requirement to provide employees and subcontractors with exposition and design assurance system manual Subpart 21.K --Approval of materials, parts, processes and appliances 21.301 Applicability 21.303 Replacement and modification parts 21.304A Changes to an APMA 21.305 Approval of materials, parts, processes and appliances 21.305A Approval of materials, parts, processes and appliances not covered by regulation 21.305 21.306 Use of standard parts and materials Subpart 21.L --Export airworthiness approvals 21.321 Applicability 21.323 Eligibility 21.324 Issue of export airworthiness approvals 21.325 Export airworthiness approvals 21.327 Application 21.329 Issue of export airworthiness approvals for Class I products 21.331 Issue of airworthiness approvals for Class II products 21.333 Issue of export airworthiness approvals for Class III products 21.339 Export airworthiness approval for aircraft Subpart 21.M --Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances Division 21.M.1 --Preliminary 21.400 Purpose of Subpart 21.402 Definition of proposed airworthiness standards for Subpart 21.M 21.403 Definition of applicable airworthiness standards for Subpart 21.M Division 21.M.2 --Modification/repair design approvals 21.405 Applications for modification/repair design approvals 21.410 Refusal to grant approval if design constitutes major change in type design 21.414 Determination of additional airworthiness standards--special conditions 21.416 Determination of non-application of airworthiness standards--application to CASA 21.418 Determination of non-application of airworthiness standards--application to authorised person to approved design organisation 21.420 Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents 21.425 Applicants to carry out necessary inspections and tests 21.430 CASA authorised person or approved design organisation may carry out or observe certain tests 21.435 Grant of modification/repair design approvals--grant by CASA 21.436 Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety 21.437 Grant of modification/repair design approvals--grant by authorised person or approved design organisation 21.440 Form of modification/repair design approvals 21.445 Variation of modification/repair design approvals Division 21.M.3 --Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method 21.448 Approvals to which this Division applies 21.450 Transfer of modification/repair design approvals and approvals granted in accordance with alternative method 21.455 Record keeping and making records available to CASA 21.460 Instructions for continued airworthiness and flight manual supplement to be made available Division 21.M.4 --Other means of approval 21.465 Modifications and repairs directed by CASA 21.470 Foreign modification/repair designs 21.475 CASA may issue instruments specifying alternative methods of approval of modifications and repairs Subpart 21.N --Approval of engines, propellers, materials, parts and appliances: imported 21.500 Approval of imported aircraft engines and propellers 21.500A Approval of other imported aircraft engines and propellers 21.502 Approval of imported materials, parts and appliances 21.502A Approval of other imported materials, parts and appliances Subpart 21.O --Australian Technical Standard Order Authorisations 21.601 Applicability 21.603 ATSO marking and privileges 21.605 Application and issue 21.607 General rules governing holders of ATSO authorisations 21.609 Approval for deviation 21.611 Design changes 21.613 Record keeping requirements 21.615 CASA inspection 21.617 Issue of letters of ATSO design approval: import appliances 21.619 Non-compliance 21.621 Duration Subpart 21.Q --Identification of aircraft and aeronautical products Division 21.Q.1 --Preliminary 21.805 Applicability of this Subpart 21.810 Meaning of fireproof Division 21.Q.2 --Aircraft, aircraft engines and aircraft propellers 21.815 Applicability of this Division 21.820 Manufacturer's data plate must be attached to aircraft 21.825 Manufacturer's data plate must be attached to basket of manned free balloon 21.830 Heater assembly of manned free balloon must carry identification mark 21.835 Manufacturer's data plate must be attached to aircraft engine 21.840 Aircraft propellers, blades and hubs must carry identification marks Division 21.Q.3 --Critical parts 21.845 Applicability of this Division 21.850 Identification of critical parts 21.855 Removal or alteration of identification on critical parts Division 21.Q.4 --Aircraft parts 21.860 Applicability of this Division 21.865 Identification of parts produced under an APMA 21.870 Identification of parts produced under an APMA if marking is impracticable 21.875 Identification of other aircraft parts 21.880 Identification of other aircraft parts--other than by marking Subpart 21.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.001 Applicability This Part deals with certification and airworthiness requirements, and includes: (a) rules dealing with type certificates, provisional type certificates, supplemental type certificates, type acceptance certificates, production certificates, certificates of airworthiness, export airworthiness approvals and modification/repair design approvals; and (b) rules governing the holders of certificates or approvals mentioned in paragraph (a); and (ba) matters relating to approved design organisations; and (c) rules dealing with the approval of aircraft engines, propellers and certain materials, parts, processes, and appliances. Source FARs section 21.1 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.001A Definition for Subpart In this Subpart: "instrument " means an approval, authorisation, certificate or permit issued under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.002C Suspension or cancellation of an instrument (1) CASA may suspend or cancel an instrument, by written notice given to its holder, if: (a) CASA is reasonably satisfied that the holder has made or caused to be made: (i) a fraudulent or intentionally false statement on the application for the instrument; or (ii) an intentionally false entry in a record or report that is required to be kept, made, or used to show compliance with any requirement for the issue or the exercise of the privileges of the instrument; or (iii) a reproduction for a fraudulent purpose of any instrument; or (iv) an alteration for a fraudulent purpose of any instrument; and (b) CASA has given the holder a show cause notice under regulation 21.002D in relation to the instrument; and (c) CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice. (2) A notice must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. (3) An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term. (4) If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension. Source FARs section 21.2 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.002D Show cause notices (1) CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C. (2) A show cause notice must be in writing and must: (a) inform the holder of the facts or circumstances that, in CASA's opinion, would justify the suspension or cancellation of the instrument; and (b) invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled. (3) The period stated in the notice must be reasonable, having regard to all the circumstances of the case. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.002E Cancellation of certain certificates (2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating: (a) that the certificate is cancelled; and (b) when the cancellation takes effect. (3) The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.003 Reporting failures, malfunctions, and defects (1) The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4): (a) an aircraft, aircraft engine or propeller, or any other part or article manufactured by it; (b) a manufacturing process specified by it. Penalty: 25 penalty units. (2) The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4). Penalty: 25 penalty units. (2A) The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4). Penalty: 25 penalty units. (2B) For subregulation (2A), the approval is: (a) a modification/repair design approval; or (b) an approval mentioned in regulation 21.475. (3) It is a defence to a prosecution under subregulation (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect: (a) was caused by improper maintenance or use; or (b) was reported to CASA under another provision of these Regulations. Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code). (4) The following occurrences must be reported as provided in subregulations (1), (2) and (2A): (a) fires caused by a system or equipment failure, malfunction, or defect; (b) an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components; (c) the accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin; (d) a malfunction, failure, or defect of a propeller control system; (e) a propeller or rotorcraft hub or blade structural failure; (f) flammable fluid leakage in areas where an ignition source normally exists; (g) a brake system failure caused by structural or material failure during operation; (h) a significant aircraft primary structural defect or failure caused by any self-generating condition (for example, fatigue or corrosion); (i) any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure; (j) an engine failure; (k) any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities; (l) a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft; (m) a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft. (6) For subregulations (1), (2) and (2A), a report must: (a) be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and (b) include as much of the following information as is available and applicable: (i) the aircraft's serial number; (ii) the aircraft's registration mark; (iii) when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisation--the article serial number and model designation, as appropriate; (iv) when the failure, malfunction, or defect is associated with an aircraft engine or propeller--the aircraft engine or propeller serial number, as appropriate; (v) identification of the product model; (vi) identification of the part, component, or system involved (including the part number); (vii) the nature of the failure, malfunction, or defect. (7) Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect. Penalty: 25 penalty units. (8) If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive. Penalty: 10 penalty units. (9) An offence against subregulation (7) or (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.3 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft (1) This regulation applies to an aircraft only if: (a) the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and (b) the aircraft was not flown before 1 March 1979. (1A) If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an aircraft flight manual that: (a) contains the information mentioned in subregulations (2) and (3); and (b) complies with subregulation (3A). Penalty: 25 penalty units. (1B) If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an aircraft flight manual that: (a) contains the information mentioned in subregulations (2) and (3); and (b) complies with subregulation (3A). Penalty: 25 penalty units. (2) The aircraft flight manual must contain the operating limitations and information required to be furnished in an aircraft flight manual or in manual material, markings, and placards, by the applicable regulations under which the aircraft was type certificated. (3) The maximum ambient atmospheric temperature for which engine cooling was demonstrated must be stated in the performance information section of the flight manual, if the applicable regulations under which the aircraft was type certificated do not require ambient temperature on engine cooling operating limitations in the flight manual. (3A) For paragraphs (1A)(b) and (1B)(b): (a) the manual must have been approved for the aircraft: (i) by CASA, an authorised person or an approved design organisation under regulation 21.006; or (ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of aircraft flight manuals--by the national aviation authority or a person authorised to do so by the national aviation authority; or (iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of aircraft flight manuals--by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; and (b) any changes to the manual made to the manual since it was approved for the aircraft must have been approved: (i) by CASA, an authorised person or an approved design organisation under regulation 21.006A; or (ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--by the national aviation authority or a person authorised to do so by the national aviation authority; or (iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority. (4) An offence against subregulation (1A) or (1B) is an offence of strict liability. Source FARs section 21.5 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.006 Approval of aircraft flight manuals (1) The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a flight manual for the aircraft. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the manual if CASA or the authorised person or approved design organisation is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft's type certificate, type acceptance certificate or foreign type certificate. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.006A Approval of changes to aircraft flight manuals (1) Any of the following persons may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a change to a flight manual for an aircraft: (a) the registered operator of the aircraft; (b) an applicant for any of the following: (i) approval of a change in the type design for the aircraft; (ii) a supplemental type certificate for the aircraft; (iii) a modification/repair design approval for the aircraft; (iv) an approval mentioned in regulation 21.475. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the change if CASA or the authorised person or approved design organisation is satisfied that the manual as changed would comply with: (a) if the applicant is not an applicant for an instrument mentioned in paragraph (1)(b)--the airworthiness standards that applied to the issue of the aircraft's type certificate, type acceptance certificate or foreign type certificate; or (b) if the applicant is an applicant for an instrument mentioned in paragraph (1)(b)--the applicable airworthiness standards for the instrument. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (3) In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.007 Permissible unserviceabilities (1) A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: See Part 11 for other matters relating to applications and decisions. (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3). Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (3) For subregulation (2), the applicable airworthiness standards are: (a) for an aircraft for which there is a type certificate: (i) the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or (ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and (b) for an aircraft for which there is a type acceptance certificate: (i) the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or (ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and (c) for a non-type-certificated aircraft: (i) the airworthiness standards that applied to the original certification (however described) of the aircraft; or (ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards. (4) An approval ceases to have effect at the earliest of the following times: (a) if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval--the end of that day; (b) if a maximum amount of flight time is stated in the approval--when the aircraft has been flown for that amount of flight time; (c) if a maximum number of flights is stated in the approval--when the aircraft has been flown for that number of flights; (d) the end of 1 year after the approval is given. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.007A Advice about major damage (1) A person may ask CASA, an authorised person or a relevant approved design organisation, in writing, to assess damage to an aircraft and advise whether the damage is major damage. (2) CASA or the authorised person or approved design organisation must advise the person, in writing, whether, in the opinion of CASA or the authorised person or approved design organisation, the damage is major damage. Note: Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person or approved design organisation advises a person that the damage is not major damage. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.008 Meaning of technical data In this Part: "technical data ", for the design of an aircraft, aircraft engine, propeller or appliance, or for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means: (a) data that describes the design, including: (i) the drawings and specifications necessary to define the configuration and design features of the aircraft, aircraft engine, propeller or appliance, or of the modification or repair, and a list of those drawings and specifications; and (ii) information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and (iii) the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and (iv) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and (v) any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and (b) engineering reports, including test plans and reports, used to show that the design complies with the applicable airworthiness standards for an instrument for the design. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.009 Approval of technical data (1) This regulation applies if technical data for a design is submitted to CASA, an authorised person or a relevant approved design organisation in connection with an application for: (a) a type certificate; or (b) approval of a change in type design; or (c) a supplemental type certificate; or (ca) a variation of a supplemental type certificate; or (cb) approval of the product design of a Class II or Class III product; or (d) a letter of ATSO design approval; or (e) an ATSO authorisation; or (f) a modification/repair design approval; or (g) an APMA. (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the technical data if CASA or the authorised person or approved design organisation is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument. (3) In this regulation: "Class II product ": see regulation 21.132.Note: For the meaning of Class III product, see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.010 References to modifications and repairs in Part (1) In this Part, a reference to a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance includes a reference to a modification of, or repair to, an aeronautical product for the aircraft, aircraft engine, propeller or appliance. (2) Subregulation (1) applies regardless of whether, at the time of the modification or repair, the aeronautical product was fitted to the aircraft, aircraft engine, propeller or appliance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.010A References to the national aviation authority of a recognised country (1) In this Part, a reference to the national aviation authority of a recognised country includes a reference to EASA, whether or not EASA is performing a function on behalf of a recognised country. (2) To avoid doubt: (a) a foreign type certificate issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a foreign type certificate issued by the NAA of a recognised country; and (b) a certificate issued by EASA before 1 May 2014 that is equivalent to a supplemental type certificate that could have been issued by CASA is, and is taken to have been from the time it was issued, a foreign supplemental type certificate issued by the NAA of a recognised country; and (c) a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that was approved by EASA before 1 May 2014 is, and is taken to have been from the time it was approved, a design approved by the NAA of a recognised country; and (d) a manufacturing approval (however described) for an aircraft engine, propeller, material, part or appliance issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a manufacturing approval issued by the NAA of a recognised country. (3) Also to avoid doubt, a foreign supplemental type certificate cancelled by EASA before 1 May 2014 is taken to have been cancelled by the NAA of a recognised country. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.010B Definition of recognised country (1) In this Part: "recognised country " means any of the following: (a) Canada; (b) France; (c) Germany; (d) Netherlands; (e) New Zealand; (f) United Kingdom; (g) United States of America. (2) For Subpart 21.B, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between: (a) Australia and the Contracting State; or (b) CASA and the national aviation authority of the Contracting State; for CASA to issue type acceptance certificates in relation to foreign type certificates or equivalent documents issued by the national aviation authority of the Contracting State. (3) For Subpart 21.E, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between: (a) Australia and the Contracting State; or (b) CASA and the national aviation authority of the Contracting State; for the acceptance of certificates (however described) that are equivalent to supplemental type certificates. (4) For Subpart 21.M, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between: (a) Australia and the Contracting State; or (b) CASA and the national aviation authority of the Contracting State; for the acceptance of approvals of designs of modifications of, or repairs to, aircraft, aircraft engines, propellers or appliances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.010C References to countries with which Australia has agreements (1) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft. (2) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.010D Issue of Manual of Standards for Part 21 For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters: (a) required or permitted by these Regulations to be prescribed by the Part 21 Manual of Standards; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part. Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act. Subpart 21.B --Type certificates and type acceptance certificates Note: A type certificate or a type acceptance certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.011 Applicability This Subpart prescribes: (a) requirements for the issue of: (i) type certificates for aircraft, aircraft engines and propellers; and (ii) type acceptance certificates for aircraft; and (b) rules governing the holders of those certificates; and (c) rules dealing with the national aviation authorities of foreign countries. Source FARs section 21.11 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.013 Eligibility Any person is eligible to apply to CASA for a type certificate or a type acceptance certificate. Source FARs section 21.13 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.013A Issue of type certificate (1) Subject to regulation 11.055, CASA must issue a type certificate (except a type certificate mentioned in regulation 21.029) to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.013, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to certify that the applicant meets a criterion for entitlement to a type certificate under this Subpart. (3) If the approved design organisation is satisfied that the applicant meets the criterion, the organisation may give CASA a certificate to that effect. (4) For paragraph (1)(c), if an approved design organisation gives CASA a certificate under subregulation (3) in relation to a criterion, CASA need consider only that certificate in deciding whether the applicant meets the criterion. (5) For subregulation (3), regulations 21.021, 21.024, 21.025 and 21.026 apply to consideration by an approved design organisation of an application for a type certificate as if each reference to CASA in those regulations were a reference to the approved design organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.014 Recognition of foreign certification Despite regulation 21.013A, CASA must not issue a type certificate mentioned in regulation 21.021, 21.024, or 21.025, for an aircraft manufactured in another country, if: (a) a type acceptance certificate may be issued for the aircraft under regulation 21.029A; or (b) a type certificate may be issued for the aircraft under regulation 21.029. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.015 Application for type certificate (2) An application for an aircraft type certificate must be accompanied by a three-view drawing of that aircraft and available preliminary basic data. (3) An application for an aircraft engine type certificate must be accompanied by a description of the engine design features, the engine operating characteristics, and the proposed engine operating limitations. Source FARs section 21.15 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.016 Special standards and other conditions on type certificates (1) If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers. (2) CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety. (3) A condition imposed under subregulation (2) may include operational limitations. (4) A special condition or other condition must be in writing, and set out in, or attached to, the type certificate. (5) A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate. Penalty: 50 penalty units. (6) An offence against subregulation (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.16 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.017 Designation of applicable airworthiness standards (1) An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets: (a) the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that are effective on the date of application for that certificate unless: (i) otherwise specified by CASA; or (ii) compliance with later effective amendments is elected or required under this regulation; and (b) any special conditions imposed under regulation 21.016. (2) For special classes of aircraft (airships and other non-conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those airworthiness standards. (3) An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years, unless an applicant shows, before the application lapses, that the aircraft requires a longer period of time for design, development, and testing, and CASA approves a longer period. (4) If an application ceases to be effective, the applicant may: (a) file a new application for a type certificate and comply with all the provisions of subregulation (1) applicable to an original application; or (b) file for an extension of the original application and comply with the applicable airworthiness requirements of these Regulations that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type certificate by the time limit established under subregulation (3) for the original application. (5) If an applicant elects to comply with an amendment to these Regulations or the Part 21 Manual of Standards, or to any matter incorporated by reference in these Regulations, that is effective after the filing of the application for a type certificate, the applicant must also comply with any other amendment or incorporated matter that CASA considers is directly related to the application. (6) For primary category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis. (7) For intermediate category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis. (8) If an airworthiness standard has been agreed by CASA or one of its predecessors after 30 September 1993 as a response to a design advice mentioned in section 100.3 or 100.6 of the Civil Aviation Orders, the standard continues to apply until 5 years after the date of approval of the design advice, unless the applicant elects to comply with a later standard. Source FARs section 21.17 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.019 Changes requiring a new type certificate (1) A type certificate for an aircraft, aircraft engine or propeller ceases to apply to an aircraft, aircraft engine or propeller of that type if: (a) a change is made in the design configuration, power, power limitations (engines), speed limitations (engines), or weight of the aircraft, aircraft engine or propeller that is so extensive that a substantially complete investigation of compliance with the requirements applicable under regulation 21.017 is necessary in the interests of aviation safety; or (b) in the case of a normal, utility, acrobatic, commuter or transport category aircraft, a change is made: (i) in the number of its engines or rotors; or (ii) to engines or rotors using different principles of propulsion or to rotors using different principles of operation; or (c) in the case of an aircraft engine--a change is made in the principle of operation; or (d) in the case of propellers--a change is made in the number of blades or principle of pitch change operation. (2) A person who proposes to make a change mentioned in subregulation (1) may apply to CASA for a new type certificate for the aircraft, aircraft engine or propeller. Source FARs section 21.19 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.021 Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers An applicant is entitled to a type certificate for an aircraft (except an aircraft mentioned in regulation 21.027) in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, or for a special class of aircraft or an aircraft engine or propeller, if: (a) the applicant submits the type design, test reports, and computations necessary to show that the aircraft, aircraft engine or propeller to be certificated meets the applicable requirements of this Part, the airworthiness standards mentioned in these Regulations and any conditions subject to which the type certificate is to be issued; and (b) CASA is satisfied that the type design and the aircraft, engine or propeller meet the applicable requirements of this Part and the airworthiness standards mentioned in these Regulations, and any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and (c) for an aircraft--CASA is satisfied the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use. Source FARs section 21.21 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.024 Type certificate: primary category aircraft (1) The applicant is entitled to a type certificate for an aircraft in the primary category if: (a) the aircraft: (i) is unpowered; is an aeroplane powered by a single, naturally aspirated engine with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft powered by a single, naturally aspirated engine with a 29.3 kgm-2 main rotor disc loading limitation, under sea level standard day conditions; and (ii) has a maximum take-off weight of not more than 1225 kg or, if the aircraft is a seaplane, a maximum take-off weight of not more than 1530 kg; and (iii) has a maximum seating capacity of not more than 4 persons, including the pilot; and (iv) has an unpressurised cabin; and (b) the applicant has submitted to CASA: (i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(6); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and (ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and (iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and (iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and (c) CASA is satisfied that: (i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(6); and (ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use. (2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot-owner of the aircraft, as part of the aircraft's type design or supplemental type design. (3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country. Source FARs section 21.24 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.025 Issue of type certificate: restricted category aircraft (1) An applicant is entitled to a type certificate for an aircraft in the restricted category for one or more of the special purpose operations mentioned in subregulation (2) if: (a) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and (b) the aircraft: (i) meets the airworthiness requirements of the normal, utility, acrobatic, commuter or transport category, except those requirements that CASA considers are inappropriate for the special purpose for which the aircraft is to be used; or (ii) is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America, and has been later modified for the special purpose operation or operations. (2) For subregulation (1), the special purpose operations are: (a) agricultural operations (for example, spraying, dusting, and seeding, and livestock and feral animal control); and (b) forest and wildlife conservation; and (c) firefighting; and (d) aerial surveying or scientific research (for example, photography, mapping, and oil and mineral exploration); and (e) patrolling (for example, pipelines, power lines, and canals); and (f) weather control and atmospheric research (for example, cloud seeding); and (g) aerial advertising (for example, skywriting, banner towing, airborne signs and public address systems); and (h) glider towing; and (i) target towing; and (j) target designation; and (k) any other operation similar to any of these operations. Source FARs section 21.25 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.026 Type certificate: intermediate category aircraft (1) The applicant is entitled to a type certificate for an aircraft in the intermediate category if: (a) the aircraft: (i) is an aeroplane with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft with a 29.3 kgm-2 main rotor disc loading limitation, under sea level standard day conditions; and (ii) has a maximum take-off weight of not more than 1750 kg; and (iii) has a maximum seating capacity of 4 persons, including the pilot; and (iv) has an unpressurised cabin; and (b) the applicant has submitted to CASA: (i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(7); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and (ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and (iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and (iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and (c) CASA is satisfied that: (i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(7); and (ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use. (2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot-owner of the aircraft, as part of the aircraft's type design or supplemental type design. (3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country. Source FARs section 21.24 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.027 Type certificate: surplus aircraft of the Armed Forces (1) Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6). (2) An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate. (3) Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards: (a) mentioned in Part 33 or 35; or (b) prescribed by the Part 21 Manual of Standards. (4) CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination. (5) CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft. (6) Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027. Table 21.027 Regulations that must be complied with for particular kinds of aircraft Type of Aircraft Date accepted for operational use by the Armed Force Regulations that apply 1 Small reciprocating-engine powered aeroplanes Before May 16, 1956 Civil Air Regulations Part 3, as effective May 15 1956 After May 15, 1956 Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 Small turbine-engine powered aeroplanes Before Oct. 2, 1959 Civil Air Regulations Part 3, as effective Oct. 1 1959 After Oct. 1, 1959 Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 Commuter category aeroplanes After Feb. 17, 1987 FARs Part 23, as effective Feb 17, 1987, or CASR Part 23 Large reciprocating-engine powered aeroplanes Before Aug. 26, 1955 Civil Air Regulations Part 4b, as effective Aug. 25, 1955 After Aug. 25, 1955 Civil Air Regulations Part 4b, or FARs Part 25, or CASR Part 25 Large turbine engine-powered aeroplanes Before Oct. 2, 1959 Civil Air Regulations Part 4b, as effective Oct. 1, 1959 After Oct. 1, 1959 Civil Air Regulations Part 4b, or FARs Part 25, or CASR 25 Rotorcraft with a maximum certificated take-off weight of: 2,722 kg or less Before Oct. 2, 1959 Civil Air Regulations Part 6, as effective Oct. 1, 1959 After Oct. 1, 1959 Civil Air Regulations Part 6, or FARs Part 27, or CASR Part 27 Over 2,722 kg Before Oct. 2, 1959 Civil Air Regulations Part 7, as effective Oct. 1, 1959 After Oct. 1, 1959 Civil Air Regulations Part 7, or FARs Part 29, or CASR Part 29. 1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the relevant armed force. Source FARs section 21.27 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country (1) Subject to regulation 11.055, CASA must issue a type certificate for an aircraft, aircraft engine or propeller manufactured in a foreign country and for which a foreign type certificate issued by the national aviation authority of a recognised country is not in force, if the aircraft, aircraft engine or propeller: (a) meets the applicable airworthiness requirements mentioned in regulation 21.017; or (b) meets the airworthiness requirements of a Contracting State and any other requirements imposed by CASA that are necessary to provide a level of safety equivalent to that provided under these Regulations for comparable aircraft, aircraft engines or propellers. (2) CASA may accept a certificate given by the national aviation authority of a Contracting State to the effect that an aircraft, aircraft engine or propeller meets the State's airworthiness requirements as evidence of that fact. (3) An application for a type certificate under this regulation must be accompanied by: (a) any relevant certificate issued by the national aviation authority of a Contracting State; and (b) the relevant technical data. (4) CASA may inspect the aircraft, aircraft engine or propeller and carry out, or require the applicant to carry out, any tests and inspections necessary to enable CASA to decide whether or not to issue the type certificate. Source FARs section 21.29 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country Subject to regulations 11.055, 21.029B and 21.029C, CASA must issue a type acceptance certificate for an aircraft manufactured in a foreign country, without making the type acceptance certificate subject to any conditions, if: (a) a foreign type certificate or equivalent document issued by the national aviation authority of a recognised country is in force for aircraft of that type; and (b) the applicant has given CASA: (i) evidence that the type design has been approved by the national aviation authority of the recognised country by issue of a type certificate or equivalent document; and (ii) details of any equivalent safety determinations or waivers (however described) that were made in the course of the type certification; and (iii) a copy of the applicable type certificate data sheet; and (iv) a copy of the flight manual that contains all the available options applicable to the type, and that was approved by the national aviation authority that issued the foreign type certificate; and (v) a copy of the manufacturer's instructions for continued airworthiness of the aircraft; and (vi) a copy of the parts catalogue for the aircraft; and (vii) a list of all current field service documents applicable to the aircraft; and (viii) an undertaking from the holder of the foreign type certificate to continue to supply to CASA service bulletins and instructions for the continuing airworthiness of aircraft of that type and any amendments of the documents mentioned in subparagraphs (iv), (v), (vi) and (vii). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.029B Issue of type acceptance certificates subject to conditions (1) CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate. (2) Also, CASA may issue a type acceptance certificate subject to other conditions if: (a) there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and (d) there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and (e) there are no other practicable means of substantially reducing the threat to aviation safety. (3) A condition may include operational limitations. (4) A condition must be in writing, and set out in, or attached to, the type acceptance certificate. (5) A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate. Penalty: 50 penalty units. (6) An offence against subregulation (5) is an offence of strict liability. Note: The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.029C Refusal to issue type acceptance certificate (1) CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if: (a) there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and (d) there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat. (2) If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029. Note: The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.031 Type design--meaning (1) The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following: (a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications; (b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller; (c) the airworthiness limitations section of the instructions for continued airworthiness: (i) as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or (ii) for special classes of aircraft mentioned in subregulation 21.017(2)--as specified in the applicable airworthiness criteria; (d) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2); (e) for primary and intermediate category aircraft, if maintenance on the aircraft is to be carried out by the pilot-owner of the aircraft--a special inspection and preventive maintenance program designed to be accomplished by the pilot-owner; (f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type. (2) The type design for an aircraft, aircraft engine or propeller type certificated under regulation 21.029 consists of the following: (a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications; (b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller; (c) the airworthiness limitations section of the instructions for continued airworthiness: (i) as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or (ii) for special classes of aircraft mentioned in subregulation 21.017(2)--as specified in the applicable airworthiness criteria; (d) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2); (e) for primary category aircraft, if maintenance on the aircraft is to be carried out by the pilot-owner of the aircraft--a special inspection and preventive maintenance program designed to be accomplished by the pilot-owner; (f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type. (3) The type design for an aircraft type certificated under regulation 21.029A consists of the type design that was accepted by the national aviation authority of the recognised country that issued the foreign type certificate for the aircraft. Source FARs section 21.31 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.033 Inspection and tests (1) CASA is not required to issue, under regulation 21.013A, a type certificate for an aircraft, aircraft engine or propeller unless the applicant allows CASA to make any inspection and any flight and ground test necessary to determine that the aircraft, aircraft engine or propeller complies with the applicable requirements of these Regulations. However: (a) no aircraft, aircraft engine, propeller, or part thereof may be presented to CASA for test unless compliance with paragraphs (2)(b), (c) and (d) has been shown for that aircraft, aircraft engine, propeller, or part thereof; and (b) no change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (2)(b), (c) and (d) is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to CASA for test. (2) Each applicant must make all inspections and tests necessary to determine: (a) compliance with the applicable airworthiness requirements; and (b) that the aircraft, aircraft engine or propeller and its materials conform to the specifications in the type design; and (c) that parts of the aircraft, aircraft engine or propeller conform to the drawings in the type design; and (d) that the manufacturing processes, construction and assembly conform to those specified in the type design. (3) For an aircraft with not more than 2 seats, a maximum take-off weight not exceeding 750 kg and a 45 knots or less VS0 stall speed as defined in FARs section 23.49 that is to be type certificated in the primary category or intermediate category, an authorised person may make any determination, inspection, flight test or ground test necessary to establish whether the aircraft complies with the applicable requirements of these Regulations. Source FARs section 21.33 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.035 Flight tests (1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must make the tests listed in subregulation (2). Before making the tests the applicant must show CASA: (a) compliance with the applicable structural requirements of these Regulations; and (b) completion of necessary ground inspections and tests; and (c) that the aircraft conforms with the type design; and (d) that CASA received a flight test report from the applicant (signed, in the case of an application for a type certificate for an aircraft in the transport category, by the applicant's test pilot) containing the results of the tests. (2) Upon showing compliance with subregulation (1), the applicant must make all flight tests that CASA considers are necessary: (a) to determine compliance with the applicable requirements of these Regulations; and (b) for aircraft to be type certificated under these Regulations, except gliders and except aeroplanes of 2720 kg or less maximum certificated weight in the normal, utility, acrobatic, or commuter category--to determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly. (3) Each applicant must, if practicable, make the tests prescribed in paragraph (2)(b) upon the aircraft that was used to show compliance with: (a) paragraph (2)(a); and (b) for rotorcraft--the rotor drive endurance tests prescribed in the applicable airworthiness standards mentioned in Parts 27 and 29 or prescribed by the Part 21 Manual of Standards. (4) Each applicant must show CASA for each flight test (except in a glider or a manned free balloon) that adequate provision is made for the flight test crew for emergency egress and the use of parachutes. (5) Except in a manned free balloon, an applicant must discontinue flight tests under this regulation until the applicant shows CASA that corrective action has been taken, whenever: (a) the applicant's test pilot is unable or unwilling to make any of the required flight tests; or (b) items of non-compliance with requirements are found that may make additional test data meaningless or that would make further testing unduly hazardous. (6) The flight tests prescribed in paragraph (2)(b) must include: (a) for aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft--at least 300 hours of operation with a full complement of engines that conform to a type certificate; and (b) for all other aircraft--at least 150 hours of operation. Source FARs section 21.35 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.037 Flight test pilot Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate: (a) class rating; or (b) type rating; or (c) balloon class endorsement within the meaning of subregulation 5.01(1) of CAR; or (d) authorisation under regulation 61.140; or (e) authorisation under regulation 5.50 of CAR; to make the flight tests required by this Part. Source FARs section 21.37 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.039 Flight test instrument calibration and correction report (1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must submit a report to CASA showing the computations and tests required in connection with the calibration of instruments used for test purposes and in the correction of test results to standard atmospheric conditions. (2) Each applicant must allow CASA to conduct any flight tests that CASA is satisfied is necessary to check the accuracy of the report submitted under subregulation (1). Source FARs section 21.39 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.041 Type certificate--meaning (1) In these Regulations, unless the contrary intention appears: "foreign type certificate ", for an aircraft, aircraft engine or propeller: (a) means a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country and is equivalent to a type certificate; but (b) does not include a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country solely on the basis of a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of another country and is equivalent to a type certificate. "type certificate ", for an aircraft, aircraft engine or propeller, means a type certificate issued by CASA under regulation 21.013A or 21.029 certifying that the aircraft, aircraft engine or propeller meets the airworthiness standard mentioned for it in the certificate. (2) In these Regulations, except in this Subpart, a reference to a type certificate, or foreign type certificate, for an aircraft, aircraft engine or propeller, includes a reference to the type design, the operating limitations, the type certificate data sheet, the applicable airworthiness standards with which the certificate records compliance, and any other conditions or limitations prescribed for the aircraft, aircraft engine or propeller under these Regulations. Source FARs section 21.41 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.043 Location of manufacturing facilities Despite regulation 21.013A, CASA is not required to consider an application for a type certificate for an aircraft, aircraft engine or propeller (except an application under regulation 21.029) if the manufacturing facilities for the aircraft, aircraft engine or propeller are located outside Australian territory, unless the location of the manufacturer's facilities places no undue burden on CASA in administering applicable airworthiness requirements. Source FARs section 21.43 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.047 Transfer of type certificates (1) The holder of a type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee: (a) the certificate; and (b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate. (2) However, the certificate may be transferred only with the written consent of the transferee. (3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating: (a) the date of the transfer; and (b) the name and address of the transferee. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. Source FARs section 21.047 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.048 Licensing of type certificates (1) The holder of a type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee. (2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating: (a) the date of the licensing agreement; and (b) the name and address of the licensee; and (c) the benefits conferred on the licensee. Penalty: 50 penalty units. (3) The licensor commits an offence if: (a) the licensing agreement is terminated; and (b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. Source FARs section 21.047 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.049 Availability (1) The holder of a type certificate must make the certificate, and the type design of the aircraft, aircraft engine or propeller described or identified in the certificate, available for examination by CASA upon the request of CASA. Penalty: 5 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.49 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.050 Instructions for continued airworthiness and manufacturer's maintenance manuals having airworthiness limitations sections (1) The holder of a type certificate for an aircraft for which an aircraft Maintenance Manual containing an "Airworthiness Limitations" section has been approved as part of the type design and who obtains approval of changes to any replacement time, inspection interval, or related procedure in that section of the manual must make particulars of the changes available upon request to any operator of the same type of aircraft. Penalty: 5 penalty units. (2) The holder of a design approval, including either the type certificate or supplemental type certificate for an aircraft, aircraft engine, or propeller must furnish at least one set of complete Instructions for Continued Airworthiness, prepared in accordance with the applicable airworthiness standards mentioned in Parts 22, 23, 25, 27, 26, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2), as applicable, to the owner of each type of aircraft, aircraft engine, or propeller upon its delivery, or upon issue of the first standard certificate of airworthiness for the affected aircraft, whichever occurs later, and thereafter, on request by a person required by these Regulations to comply with any of the terms of the instructions, give them to the person. In addition, changes to the Instructions for Continued Airworthiness shall be made available to any person who requests the changes and who is required by these Regulations to comply with any of those instructions. Penalty: 5 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.50 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.051 Type certificates and type acceptance certificates--duration and suspension or cancellation (1) Subject to regulation 21.019, a type certificate or type acceptance certificate remains in force until it is cancelled. (2) Despite subregulation (1), a type certificate or type acceptance certificate is not in force during any period of suspension. (3) CASA may suspend or cancel a type certificate if there are reasonable grounds for believing that the type certificate no longer provides a reliable guide that the aircraft can reasonably be expected to be safe for its intended use when operated under any conditions limiting its intended use. (4) CASA may suspend or cancel a type acceptance certificate if: (a) there are reasonable grounds for believing that not doing so would constitute a significant threat to aviation safety; and (b) CASA has consulted the operator of the aircraft, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and (c) CASA has considered the views of the operator, the manufacturer and the national aviation authority before deciding whether to suspend or cancel the type acceptance certificate. (5) If CASA suspends or cancels a type certificate it must: (a) notify the certificate holder in writing of the suspension or cancellation; and (b) publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette. (6) If CASA suspends or cancels a type acceptance certificate CASA must publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette. (7) A suspension or cancellation takes effect on the day after the notice is published in the Gazette. (8) A notice of suspension or cancellation under paragraph (5)(b) or subregulation (6) must set out: (a) the grounds for the suspension or cancellation; and (b) when the suspension or cancellation takes effect; and (c) in the case of a suspension--when the suspension stops having effect. Source FARs section 21.51 modified. Note 1: The power of CASA to suspend or cancel a type acceptance certificate under subregulation (4) must be exercised by the Director personally: see paragraph 11.260(2)(d). Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of type acceptance certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.053 Statement of conformity (1) Each applicant must submit to CASA a statement of conformity in a manner and form acceptable to CASA for each aircraft engine and propeller presented to CASA for type certification. This statement of conformity must include a statement that the aircraft engine or propeller conforms to the type design therefor. (2) Each applicant must submit to CASA a statement of conformity for each aircraft or part thereof presented to CASA for tests. This statement of conformity must include a statement to the effect that the applicant has complied with subregulation 21.033(1). Source FARs section 21.53 modified. Subpart 21.C --Provisional type certificates Note: A provisional type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.071 Applicability This Subpart prescribes: (a) requirements for the issue of provisional type certificates, approvals of amendments to provisional type certificates, and approvals of provisional amendments to type certificates; and (b) rules governing the holders of those certificates. Source FARs section 21.71 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.073 Eligibility (1) A manufacturer of aircraft manufactured in Australian territory is eligible to apply for a Class I or Class II provisional type certificate for the aircraft, for approval of an amendment to a Class I or Class II provisional type certificate held by the manufacturer, and for approval of a provisional amendment to a type certificate held by the manufacturer. (2) Any manufacturer of aircraft manufactured in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import is eligible to apply for a Class II provisional type certificate, for approval of amendments to Class II provisional type certificates held by the manufacturer, and for approval of provisional amendments to type certificates held by the manufacturer. (3) An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated aircraft engines manufactured by the manufacturer in Australian territory is eligible to apply for a Class I provisional type certificate for the aircraft, and for approval of amendments to Class I provisional type certificates held by the manufacturer, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate, restricted or transport category. Source FARs section 21.73 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.075 Application Applications for provisional type certificates, for approval of amendments thereto, and for approval of provisional amendments to type certificates must be submitted in writing to CASA, and must be accompanied by the pertinent information specified in this Subpart. Source FARs section 21.75 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.076 Issue of provisional type certificate Subject to regulation 11.055, CASA must issue a provisional type certificate, or an approval of amendments to a provisional type certificate, or an approval of provisional amendments to a type certificate, to an applicant for the certificate or approval if the applicant: (a) is eligible, under regulation 21.073, to apply for the certificate or approval; and (b) applies for the certificate or approval in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate or approval; and (d) otherwise complies with this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.077 Duration (1) Unless sooner superseded or cancelled, provisional type certificates and amendments thereto are effective for the periods specified in this regulation. (2) A Class I provisional type certificate is effective for 24 months after the date of issue. (3) A Class II provisional type certificate is effective for 12 months after the date of issue. (4) An amendment to a Class I or Class II provisional type certificate is effective for the duration of the amended certificate. (5) A provisional amendment to a type certificate is effective for 6 months after its approval or until the amendment of the type certificate is approved, whichever is first. Source FARs section 21.77 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.078 Suspension and cancellation (1) CASA may suspend or cancel a provisional type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety. (2) A notice must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. (3) Despite regulation 21.077, a provisional type certificate is not effective while it is suspended but the suspension period counts as part of a period mentioned in subregulation 21.077(2) or (3). Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional type certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.081 Requirements for issue and amendment of Class I provisional type certificates (1) An applicant for a type certificate or a supplemental type certificate is entitled to the issue of a Class I provisional type certificate, or an approval of an amendment of a Class I provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the relevant aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations: (a) established by the applicant under subregulation (4); and (b) in regulation 262AO of CAR. (2) The applicant must certify that: (a) the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate or supplemental type certificate applied for; and (b) the aircraft substantially meets the applicable flight characteristic requirements for the type certificate or supplemental type certificate applied for; and (c) the aircraft can be operated safely under the appropriate operating limitations specified in subregulation (1). (3) The applicant must submit a report to CASA showing that the aircraft had been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate or supplemental type certificate applied for, and to establish that the aircraft can be operated safely in accordance with the limitations contained in these Regulations. (4) The applicant must establish all limitations required for the issue of the type certificate or supplemental type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft. (5) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft. (6) The applicant must show CASA that a prototype aircraft has been flown for at least 50 hours under an experimental certificate or under the auspices of the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America. However, in the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours. Source FARs section 21.81 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.083 Requirements for issue and amendment of Class II provisional type certificates (1) An applicant who manufactures an aircraft within Australian territory, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations: (a) set out in the provisional aircraft flight manual (if any) required by subregulation (7); and (b) in regulation 262AO of CAR. (2) An applicant who manufactures an aircraft in a country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements of subregulation (5) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations: (a) in the provisional aircraft flight manual (if any) required by subregulation (7); and (b) in regulation 262AO of CAR. (3) The applicant must hold a type certificate for at least one other aircraft in the same transport category as the subject aircraft. (4) The flight test program to be carried out for the purposes of the type certificate or the flight test program conducted by the authorities of the country in which the aircraft was manufactured, with respect to the issue of a type certificate for that aircraft, must be in progress. (5) The applicant or, in the case of a foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that: (a) the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate applied for; and (b) the aircraft substantially complies with the applicable flight characteristic requirements for the type certificate applied for; and (c) the aircraft can be operated safely under the appropriate operating limitations in these Regulations. (6) The applicant must submit a report to CASA showing that the aircraft has been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate and to establish that the aircraft can be operated safely in accordance with the limitations in these Regulations. (7) The applicant must prepare a provisional aircraft flight manual containing all limitations required for the issue of the type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft. (8) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft. (9) The applicant must show CASA that a prototype aircraft has been flown for at least 100 hours. In the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours. Source FARs section 21.83 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.085 Provisional amendments to type certificates (1) An applicant who manufactures an aircraft within Australian territory, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations. (2) An applicant who manufactures an aircraft in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements mentioned in subregulation (4) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations. (3) The flight test program approved by CASA, or conducted under the agreement by the authorities of the country in which the aircraft was manufactured, with respect to the amendment of the type certificate, must be in progress. (4) The applicant or, in the case of foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that: (a) the modification involved in the amendment to the type certificate has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate for the aircraft; and (b) the aircraft incorporating the modification substantially complies with the applicable flight characteristic requirements for the type certificate; and (c) the aircraft can be operated safely under the appropriate operating limitations in these Regulations. (5) The applicant must submit a report to CASA showing that the aircraft incorporating the modifications involved has been flown in all manoeuvres necessary to show compliance with the flight requirements applicable to those modifications and to establish that the aircraft can be operated safely in accordance with the limitations mentioned in regulation 262AO of CAR. (6) The applicant must establish and publish, in a provisional aircraft flight manual or other document and on appropriate placards, all limitations required for the issue of the type certificate applied for, including weight, speed, flight manoeuvres, loading, and operation of controls and equipment, unless, for each limitation not established, appropriate operating restrictions are established for the aircraft. (7) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft. (8) The applicant must operate a prototype aircraft, modified in accordance with the corresponding amendment to the type certificate, for the number of hours found necessary by CASA in the particular case. Source FARs section 21.85 modified. Subpart 21.D --Changes to type certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.091 Applicability This Subpart deals with the approval of changes to type certificates. Source FARs section 21.91 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.093 Classification of changes in type design Changes in type design are classified as minor or major. A minor change is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of an aircraft, aircraft engine or propeller. All other changes are major changes. Source FARs section 21.93 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.095 Approval of minor changes in type design (1) The holder of a type certificate for an aircraft, aircraft engine or propeller may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a minor change in the type design of the aircraft, aircraft engine or propeller. (2) Subregulation (3) applies if the application is made to CASA or an authorised person. (3) Subject to regulation 11.055, CASA or the authorised person must grant the approval if the type design, as modified by the minor change, would meet the requirements of this Part for the type design. (4) Subregulation (5) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design would meet a requirement. (5) If the approved design organisation is satisfied that the design would meet the requirement, the organisation may give CASA a certificate to that effect. (6) For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (5), CASA need consider only that certificate in deciding whether the design would meet the requirement. (7) Subregulation (8) applies if the application is made to an approved design organisation. (8) Subject to regulation 11.055, the approved design organisation must grant the approval if the type design, as modified by the minor change, would meet: (a) the requirements of this Part for the type design; and (b) any requirements mentioned in the organisation's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.097 Eligibility for approval of major changes in type design (1) The holder of a type certificate for an aircraft, aircraft engine or propeller is eligible to apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a major change in the type design of the aircraft, aircraft engine or propeller. (2) An applicant is entitled to the approval if the applicant: (a) submits with the application substantiating data and necessary descriptive data for inclusion in the type design; and (b) complies with regulation 21.101. (3) Approval of a major change in the type design of an aircraft engine is limited to the specific engine configuration upon which the change is made unless the applicant identifies in the necessary descriptive data for inclusion in the type design the other configurations of the same engine type for which approval is requested and shows that the change is compatible with the other configurations. Source FARs section 21.97 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.098 Issue of approval of major change in type design (1) Subject to regulation 11.055, CASA, an authorised person or an approved design organisation must approve a major change in the type design of an aircraft, aircraft engine or propeller if the applicant for the approval: (a) is eligible, under subregulation 21.097(1), to apply for the approval; and (b) applies for the approval in accordance with this Subpart; and (c) is entitled, under this Subpart, to the approval; and (d) otherwise complies with this Part. (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the applicant meets a requirement mentioned in subregulation (1). (3) If the approved design organisation is satisfied that the applicant meets the requirement, the organisation may give CASA a certificate to that effect. (4) For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the applicant meets the requirement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.099 Required design changes (1) If an airworthiness directive is issued for an aircraft, aircraft engine or propeller, and CASA considers that design changes are necessary to correct the unsafe condition of the aircraft, aircraft engine or propeller, the holder of the type certificate for the aircraft, aircraft engine or propeller must, on CASA's request, submit appropriate design changes for approval. Penalty: 50 penalty units. (1A) If approval is granted for design changes mentioned in subregulation (1), the holder of the type certificate for the aircraft, aircraft engine or propeller must, on request by the operator of an affected aircraft, aircraft engine or propeller previously certificated under the type certificate, give to that operator the descriptive data covering the design changes. Penalty: 50 penalty units. (2) In a case where there are no current unsafe conditions, but CASA or the holder of the type certificate is satisfied through service experience that changes in type design will contribute to the safety of the aircraft, aircraft engine or propeller, the holder of the type certificate may submit appropriate design changes for approval. Upon approval of the changes, and on request by an operator of the same type of aircraft, aircraft engine or propeller, the manufacturer must give information on the design changes to the operator. Penalty: 5 penalty units. (3) An offence against subregulation (1), (1A) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.99 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.101 Designation of applicable regulations (1) An applicant for approval of a change in the type design described or identified in a type certificate must comply with either: (a) the airworthiness standards mentioned in the type certificate; or (b) the applicable airworthiness standards in effect on the date of the application, plus any other amendments that CASA is satisfied are directly related. (2) If CASA is satisfied that a proposed change consists of a new design or a substantially complete redesign of a component, equipment installation, or system installation, and that the airworthiness standards mentioned in the type certificate for the aircraft, aircraft engine or propeller do not provide adequate standards with respect to the proposed change, the applicant must comply with: (a) the applicable provisions of these Regulations, in effect on the date of the application for the change, that CASA is satisfied are necessary to provide a level of safety equivalent to that established by the airworthiness standards mentioned in the type certificate; and (b) any special conditions, and amendments to those special conditions, prescribed by CASA to provide a level of safety equal to that established by the airworthiness standards mentioned in the type certificate. (3) Unless otherwise required by subregulation 21.019(1), an applicant for a change to a type certificate for a transport category aeroplane involving the replacement of reciprocating engines with the same number of turbopropeller powerplants must comply with the provisions of Part 25 of the FARs for the aeroplane as type certificated with reciprocating engines, and with the following: (a) the certification performance requirements prescribed in sections 25.101 to 25.125 (inclusive) and 25.149, 25.1533, 25.1583, and 25.1587 of Part 25 of the FARs; (b) the powerplant requirements of Part 25 of the FARs that apply to turbopropeller engine-powered aeroplanes; (c) the requirements of Part 25 of the FARs for the standardisation of cockpit controls and instruments, unless CASA is satisfied that compliance with a particular detailed requirement would be impractical and would not contribute materially to standardisation; (d) any other requirement of Part 25 of the FARs that applies to turbopropeller engine-powered aeroplanes that CASA is satisfied relates to the changes in engines and that is necessary to ensure a level of safety equal to that of the aeroplane certificated with reciprocating engines. (4) For subregulation (3), for each new limitation established with respect to weight, speed, or altitude that is significantly altered from those approved for the aeroplane with reciprocating engines, the applicant must show compliance with the requirements of Part 25 of the FARs applicable to the limitations being changed. Source FARs section 21.101 modified. Subpart 21.E --Supplemental type certificates Note: A supplemental type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.111 Applicability This Subpart prescribes requirements for the issue of supplemental type certificates. Source FARs section 21.111 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.113 Eligibility for supplemental type certificate (1) Any person is eligible to apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller, if the change is not great enough to require an application for a new type certificate under regulation 21.019. (2) The holder of the type certificate for the aircraft, aircraft engine or propeller may apply for amendment of the type certificate instead of applying for a supplemental type certificate. Source FARs section 21.113 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.113A Issue of supplemental type certificate Subject to regulation 11.055, CASA must issue a supplemental type certificate to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.113, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.114 Foreign supplemental type certificates A certificate (however described) for an aircraft, aircraft engine or propeller that is issued by or for the national aviation authority of a recognised country and is equivalent to a supplemental type certificate that could have been issued by CASA (a foreign supplemental type certificate) is taken to have been issued by CASA for these Regulations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.115 Entitlement to supplemental type certificate--meeting applicable airworthiness requirements (1) An applicant is entitled to a supplemental type certificate if CASA is satisfied that: (a) either: (i) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or (ii) the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non-compliance is compensated for by factors that provide an equivalent level of safety; and (b) no feature or characteristic of the change in type design makes the altered aircraft, aircraft engine or propeller unsafe for its intended use. (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the altered aircraft, aircraft engine or propeller meets: (a) an applicable airworthiness requirement mentioned in subparagraph (1)(a)(i); or (b) the requirement mentioned in paragraph (1)(b). (3) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect. (4) For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement. (5) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change in the type design, as if it were an application for a type certificate under Subpart 21.B. Source FARs section 21.115 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.117 What supplemental type certificates are taken to consist of A supplemental type certificate is taken to consist of: (a) the type certificate or type acceptance certificate previously issued for the aircraft, aircraft engine or propeller; and (b) each change in the type design of the aircraft, aircraft engine or propeller described or identified in the supplemental type certificate. Source FARs section 21.117 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.118 Duration, suspension and cancellation of supplemental type certificates (1) A supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled or the type certificate previously issued for the aircraft, aircraft engine or propeller is cancelled, whichever happens first. (2) Despite subregulation (1), a supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller. (3) CASA may suspend or cancel a supplemental type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety. (4) If CASA suspends or cancels a supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette. (5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette. (6) A notice under subregulation (3) or (4) must set out: (a) the grounds for the suspension or cancellation; and (b) when the suspension or cancellation takes effect; and (c) in the case of a suspension--when the suspension stops having effect. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of supplemental type certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.119 Duration, suspension and cancellation of foreign supplemental type certificates (1) A foreign supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled by CASA or the national aviation authority of the relevant recognised country. (2) Despite subregulation (1), a foreign supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller. (3) CASA may suspend or cancel a foreign supplemental type certificate if CASA considers that it is necessary to do so in the interests of aviation safety. (4) If CASA suspends or cancels a foreign supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette. (5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette. (6) A notice must set out: (a) the grounds for the suspension or cancellation; and (b) when the suspension or cancellation takes effect; and (c) in the case of a suspension--when the suspension stops having effect. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of foreign supplemental type certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.120 Transfer of supplemental type certificates (1) The holder of a supplemental type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee: (a) the certificate; and (b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate. (2) However, the certificate may be transferred only with the written consent of the transferee. (3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating: (a) the date of the transfer; and (b) the name and address of the transferee. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.120A Licensing of supplemental type certificates (1) The holder of a supplemental type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee. (2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating: (a) the date of the licensing agreement; and (b) the name and address of the licensee; and (c) the benefits conferred on the licensee. Penalty: 50 penalty units. (3) The licensor commits an offence if: (a) the licensing agreement is terminated; and (b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.120B Variations of supplemental type certificates (1) The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller. (2) The application may be made to: (a) CASA; or (b) an authorised person; or (c) a relevant approved design organisation. (3) Subject to regulation 11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that: (a) either: (i) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or (ii) the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non-compliance is compensated for by factors that provide an equivalent level of safety; and (b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use. (4) Subject to regulation 11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that: (a) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); and (b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use. (5) Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets: (a) an applicable airworthiness requirement mentioned in subparagraph (3)(a)(i); or (b) the requirement mentioned in paragraph (3)(b). (6) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect. (7) For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement. (8) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if: (a) the application were an application for a type certificate under Subpart 21.B; and (b) each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made. Subpart 21.F --Production under type certificate only CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.121 Applicability (1) This Subpart prescribes rules for the production of an aircraft, aircraft engine or propeller under a type certificate only. (2) For this Subpart, a person manufactures an aircraft, aircraft engine or propeller under a type certificate only if the person is the holder, or licensee, of a type certificate, but not a production certificate, for the aircraft, aircraft engine or propeller. Source FARs section 21.121 modified. Note: Subpart 21.G deals with production certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.123 Production under type certificate (1) Each manufacturer of an aircraft, aircraft engine or propeller being manufactured under a type certificate only must: (a) make each aircraft, aircraft engine or propeller available for inspection by CASA; and (b) maintain at the place of manufacture the technical data and drawings necessary for CASA to determine whether the aircraft, aircraft engine or propeller and its parts conform to the type design; and (c) establish and maintain an approved production inspection system that: (i) meets the requirements of subregulation 21.125(2); and (ii) ensures that each aircraft, aircraft engine or propeller manufactured under the type certificate more than 6 months after it was issued conforms to the type design and is in a condition for safe operation; and (d) upon the establishment of the approved production inspection system--submit to CASA a manual that describes the system and the means for meeting the requirements of subregulation 21.125(2). Penalty: 25 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Each manufacturer may apply to CASA for an extension of the period of 6 months mentioned in subparagraph (1)(c)(ii). (3) CASA may extend the period in a particular case if unusual or extenuating circumstances prevent the manufacturer from establishing an approved production inspection system within 6 months after the issue of the type certificate. Source FARs section 21.123 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.125 Production inspection system: Materials Review Board (1) Each manufacturer required to establish a production inspection system under paragraph 21.123(1)(c) must: (a) establish a Materials Review Board (to include representatives from the manufacturer's inspection and engineering departments) and materials review procedures; and (b) maintain complete records of Materials Review Board action for at least two years after the action was taken. Penalty: 50 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) The production inspection system must provide for the following: (a) ensuring that incoming materials, and bought or subcontracted parts, used in the finished aircraft, aircraft engine or propeller comply with the technical data for the type design, or are suitable equivalents; (b) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined; (c) suitable storage and adequate protection of materials subject to damage and deterioration; (d) carrying out processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller in accordance with acceptable industry or Australian specifications; (e) inspecting parts and components during production for conformity with the technical data for the type design at points in the process where accurate determinations can be made; (f) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary; (g) ensuring that design changes, including material substitutions, are controlled before being incorporated in a finished aircraft, aircraft engine or propeller; (h) segregating, identifying, marking and disposing of rejected materials and parts in a manner that precludes installation in the finished aircraft, aircraft engine or propeller; (i) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from the technical data for the type design, and that are to be considered for installation in a finished aircraft, aircraft engine or propeller; (j) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary; (k) maintaining inspection records, identified with the finished aircraft, aircraft engine or propeller where practicable, and retaining them for at least 2 years. Source FARs section 21.125 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.127 Tests: aircraft (1) Each person manufacturing aircraft under a type certificate only must establish an approved production flight test procedure and flight check-off form, and in accordance with that form, flight test each aircraft produced. Penalty: 25 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Each production flight test procedure must include the following: (a) an operational check of the trim, controllability, or other flight characteristics to establish that the production aircraft has the same range and degree of control as the prototype aircraft; (b) an operational check of each part or system operated by the crew while in flight to establish that, during flight, instrument readings are within normal range; (c) a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test; (d) a check of the operational characteristics of the aircraft on the ground; (e) a check on any other items peculiar to the aircraft being tested that can best be done during the ground or flight operation of the aircraft. Source FARs section 21.127 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.128 Tests: aircraft engines (1) Each person manufacturing aircraft engines that are not rocket engines under a type certificate only must subject each engine to an acceptable test run that includes the following: (a) break-in runs that include a determination of fuel and oil consumption and a determination of power characteristics at rated maximum continuous power or thrust and, if applicable, at rated take-off power or thrust; (b) at least five hours of operation at rated maximum continuous power or thrust, including, for engines having a rated take-off power or thrust higher than rated maximum continuous power or thrust, 30 minutes at rated take-off power or thrust. Penalty: 25 penalty units. (2) The test runs required by subregulation (1) may be made with the engine appropriately mounted and using current types of power and thrust measuring equipment. (3) A person manufacturing rocket engines under a type certificate only must establish a sampling technique for testing the engines. Penalty: 25 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.128 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.129 Tests: variable pitch propellers (1) Each person manufacturing variable pitch propellers under a type certificate only must give each propeller an acceptable functional test to determine if it operates properly throughout the normal range of operation. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.129 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.130 Statement of conformity (1) Each holder or licensee of a type certificate for a type of aircraft, aircraft engine or propeller must give CASA a statement of conformity, in a form acceptable to CASA, for each aircraft, aircraft engine or propeller manufactured under the type certificate only: (a) when the holder or licensee applies for the original issue of an aircraft certificate of airworthiness or an aircraft engine or propeller authorised release certificate for the aircraft, aircraft engine or propeller; or (b) if the holder or licensee transfers the ownership of the aircraft, aircraft engine or propeller without applying for an authorised release certificate for it--when the ownership of the aircraft, aircraft engine or propeller is transferred. (2) The statement of conformity must be signed by a person who holds a responsible position in the manufacturing organisation and has been authorised by the manufacturer to sign the statement, and must include: (a) for each aircraft, aircraft engine or propeller, a statement that it conforms to its type certificate and is in a condition for safe operation; and (b) for each aircraft, a statement that the aircraft has been flight checked; and (c) for each aircraft engine or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final operational check. (3) However, in the case of an aircraft, aircraft engine or propeller manufactured for the Defence Force, or for an armed force of Canada, the United Kingdom or the United States of America, a statement of conformity is not required if the aircraft, aircraft engine or propeller has been accepted by the relevant force. Source FARs section 21.130 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.130A Records to be kept by manufacturer (1) A person who manufactures an aircraft, aircraft engine or propeller under a type certificate only must keep, at the place of manufacture, the following current records for the aircraft, aircraft engine or propeller: (a) a technical data file that includes the type design drawings, specifications, reports on tests prescribed by this Part, and the original type inspection report and any amendments to that report; (b) the information required to prepare the statement of conformity mentioned in regulation 21.130; (c) a complete inspection record, the serial number, and data covering the processes and tests to which materials and parts are subjected; (d) a record of service difficulties reported to the manufacturer. Penalty: 50 penalty units. (2) The records mentioned in paragraphs (1)(a) and (b) must be kept for the period in which aircraft, aircraft engines or propellers are manufactured by the person under the type certificate. Penalty: 50 penalty units. (3) The records mentioned in paragraphs (1)(c) and (d) must be kept for 2 years after the aircraft, aircraft engine or propeller to which the records relate was manufactured. Penalty: 50 penalty units. (4) On CASA's request, the records must be made available for examination by CASA. Penalty: 50 penalty units. (5) If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days. Penalty: 50 penalty units. (6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.293 modified. Subpart 21.G --Production certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.131 Applicability This Subpart prescribes requirements for the issue of production certificates and rules governing production of Class I, Class II, Class III and unapproved Class I products by the holders of those certificates. Source FARs section 21.131 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.132 Definitions for Subpart 21.G For this Subpart: "Class I product " includes a complete aircraft, aircraft engine or propeller for which a foreign type certificate has been issued. "Class II product " includes a major component of: (a) a Class I product; or (b) an unapproved Class I product. "product design "means: (a) for an unapproved Class I product--the design that was submitted with the application for a foreign type certificate; and (b) for a Class II or Class III product--the design for the product that is: (i) approved under regulation 21.132A; or (ii) if the product is manufactured under an agreement with a foreign manufacturer for supply to that manufacturer--approved by the national aviation authority of the relevant foreign country; or (iii) approved in a supplemental type certificate or a foreign supplemental type certificate; or (iv) approved in a modification/repair design approval or in an approval mentioned in regulation 21.475; or (v) taken to be approved under regulation 21.465 or 21.470; or (vi) covered by an approval that continues in force under regulation 202.054, 202.055 or 202.056. "unapproved Class I product " means a complete aircraft, aircraft engine or propeller: (a) designed by or for a manufacturer that is in a foreign country; and (b) for which an application for a foreign type certificate has been made; and (c) for which no foreign type certificate has been issued. Note: See also the definitions of Class I product, Class II product and Class III product in regulation 21.321. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.132A Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation (1) A person may apply, in writing, to CASA or an authorised person or relevant approved design organisation for approval of the design of a Class II or Class III product. (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the design of the product if satisfied that the design: (a) consists of drawings, specifications and other information that fully describe the product; and (b) includes all the information necessary to manufacture the product, including: (i) information that shows the dimensions and appearance of the product; and (ii) the materials used in the manufacture of the product; and (iii) information about the process or processes used to manufacture the product; and (iv) any methods used to test or measure the product; and (v) information that shows the structural strength of the product; and (c) meets the applicable airworthiness standards for the product. (3) For paragraph (2)(c), if the application is made to CASA, CASA may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of: (a) an examination of the design; or (b) the technical data for the design approved under regulation 21.009; or (c) a certificate from an approved design organisation under subregulation (6). (4) For paragraph (2)(c), if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of: (a) an examination of the design; or (b) the technical data for the design approved under regulation 21.009. (5) Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the applicable airworthiness standards for the product. (6) If the approved design organisation is satisfied that the design meets the airworthiness standards, the organisation may give CASA a certificate to that effect. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.133 Eligibility (1) A person is eligible to apply for a production certificate for a Class I product if the person: (a) holds a current type certificate or foreign type certificate for the product; or (b) holds the right, under a licensing agreement, to the benefits of the type certificate or foreign type certificate for the product; or (c) holds a supplemental type certificate or foreign supplemental type certificate for the product; or (d) holds the right, under a licensing agreement, to the benefits of the supplemental type certificate or foreign supplemental type certificate for the product. (2) A person is also eligible to apply for a production certificate if: (a) the person has an agreement with a foreign manufacturer to: (i) manufacture a Class I, Class II, Class III or unapproved Class I product; and (ii) supply the product to the foreign manufacturer; and (b) the terms of the agreement require that the person be approved to manufacture the product. (2A) A person is also eligible to apply for a production certificate for a Class II or Class III product if: (a) the product is an aircraft component of a type in respect of which a certificate of type approval is in force; and (b) the person is lawfully manufacturing the component or is proposing to manufacture the component and is entitled to do so. (2B) A person is also eligible to apply for a production certificate to manufacture a Class II or Class III product on a one-off basis for supply to: (a) the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or (b) the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller. Source FARs section 21.133 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.134 Issue of production certificate Subject to regulation 11.055, CASA must issue a production certificate to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.133, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.135 Requirements for entitlement (1) An applicant is entitled to a production certificate if CASA is satisfied that the applicant has complied with regulations 21.139 and 21.143 in relation to the Class I, Class II, Class III or unapproved class I product to be manufactured under the certificate. (2) CASA may inspect the applicant's organisation and manufacturing facilities to determine whether the applicant has complied with regulations 21.139 and 21.143. Source FARs section 21.135 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.137 Location of manufacturing facilities Despite regulation 21.134, CASA is not required to issue a production certificate if the manufacturing facilities concerned are located outside Australian territory, unless there is no undue burden on CASA in administering the applicable requirements of these Regulations. Source FARs section 21.137 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.139 Quality system An applicant for a production certificate must show that the applicant has established, and can maintain, a quality system so that: (a) each Class I product to be manufactured under the certificate will conform to the type design for the product; and (b) each Class II, Class III or unapproved Class I product to be manufactured under the certificate will conform to the product design for the product. Source FARs section 21.139 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.143 Quality system data requirements: prime manufacturer (1) An applicant for a production certificate must submit to CASA, for approval, a manual describing the inspection and test procedures necessary to ensure that each product manufactured under the production certificate is in a condition for safe operation and conforms to: (a) for a Class I product--the type design; and (b) for a Class II, Class III or unapproved Class I product--the product design. (1A) The manual mentioned in subregulation (1) must include any of the following that apply to the product: (a) a statement describing how responsibilities are assigned and authority is delegated in the quality system organisation, together with a chart indicating: (i) the functional relationship of the quality system organisation to management and to other organisational components; and (ii) the chain of authority and responsibility within the quality system organisation; (b) a description of: (i) the inspection procedures for raw materials, purchased items and parts and assemblies produced by manufacturers' suppliers; and (ii) the methods used to ensure that parts and assemblies that cannot be completely inspected when delivered to the production certificate holder's plant are acceptable; (c) a description of: (i) the production inspection system for individual parts and complete assemblies; and (ii) the methods used for the identification of any special manufacturing processes involved; and (iii) the means used to control the processes; and (iv) the final test procedure for the product; and (v) in the case of a Class I product that is a completed aircraft, a copy of the manufacturer's production flight test procedures and check-off list; (d) for a product other than a Class II or Class III product referred to in subregulation 21.133(2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts; (e) an outline of a system for informing company inspectors of current changes in engineering drawings, specifications, and quality system procedures; (f) a list or chart showing the location and type of inspection stations. Note: A Materials Review Board must be established by the holder of a production certificate: see regulation 21.145. (1B) CASA must approve a manual that is prepared for, and meets the requirements of, this regulation. (2) The holder of a production certificate must, on the request of CASA, make available to CASA information regarding all delegation of authority to suppliers to make major inspections of parts or assemblies for which the holder is responsible. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.143 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.144 Production inspection system The production inspection system mentioned in paragraph 21.143(1A)(c) must provide for the following: (a) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined; (b) suitable storage and adequate protection of materials subject to damage and deterioration; (c) carrying out processes affecting the quality and safety of the finished Class I, Class II, Class III or unapproved Class I product in accordance with acceptable industry or Australian specifications; (d) inspecting parts and components, at points during the production process at which accurate determinations can be made, to determine whether: (i) parts and components for a Class I product conform to the type design data for the product; or (ii) parts and components for a Class II, Class III or unapproved Class I product conform to the product design data for the product; (e) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary; (f) ensuring that design changes, including material substitutions, are controlled before being incorporated in: (i) a finished Class I product; or (ii) a Class II, Class III or unapproved Class I product; (g) segregating and identifying rejected materials and parts in a manner that precludes installation in the finished Class I, Class II, Class III or unapproved Class I product; (h) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in a finished Class I, Class II, Class III or unapproved Class I product; (i) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary; (j) maintaining inspection records, identified with the finished Class I, Class II, Class III or unapproved Class I product where practicable, and retaining them for at least 2 years. Source FARs section 21.125 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.145 Materials Review Board (1) The holder of a production certificate (other than a production certificate referred to in subregulation 21.133(2B)) must: (a) establish a Materials Review Board (to include representatives from the manufacturer's inspection and engineering departments) and materials review procedures; and (b) maintain complete records of Materials Review Board action for at least 2 years after the action was taken. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.125 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.147 Changes in quality system (1) After the issue of a production certificate, each change to the quality system is subject to review by CASA. (2) The holder of a production certificate must immediately notify CASA, in writing, of any change to the quality system that may affect: (a) the inspection of a Class I product being manufactured under the certificate, or the conformity of such a product to its type design data, or the airworthiness of such a product; or (b) the inspection of an unapproved Class I product being manufactured under the certificate, or the conformity of such a product to its product design data, or the airworthiness of such a product; or (c) the inspection of a Class II or Class III product being manufactured under the certificate, or the conformity of such a product to its product design data. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.149 Multiple products CASA may authorise more than 1 Class I, Class II, Class III or unapproved Class I product to be manufactured under 1 production certificate if the products have similar production characteristics. Source FARs section 21.149 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.151 Production limitation record A production certificate must include, or have attached to it, a production limitation record that sets out: (a) for a Class I product--the type certificate or foreign type certificate of each product authorised to be manufactured under the production certificate; and (b) for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133(2B)) or an unapproved Class I product--the product design of each product authorised to be manufactured under the production certificate; and (c) for a Class II or Class III product referred to in subregulation 21.133(2B)--a description of each product authorised to be manufactured under the production certificate. Source FARs section 21.151 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.153 Amendment of production certificate (1) The holder of a production certificate may apply to CASA to amend the certificate to add 1 or more of the following: (a) a Class I product type certificate or foreign type certificate; (b) a model to a Class I product type certificate or foreign type certificate; (c) an unapproved Class I product design; (d) a Class II product design; (e) a Class III product design. (2) CASA may amend the certificate if the applicant complies with the applicable requirements of regulations 21.139, 21.143 and 21.147. Source FARs section 21.153 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.157 Inspections and tests (1) If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.157 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.159 Duration (1) A production certificate ceases to be in force: (a) if the location of the manufacturing facility is changed; or (b) if it is cancelled; or (c) if a termination date is specified in the certificate--at midnight on that date. (2) A production certificate is not in force during any period of suspension. (3) CASA may suspend or cancel a production certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety. (4) A notice must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. Source FARs section 21.159 modified. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of production certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.161 Display (1) The holder of a production certificate must take reasonable steps to ensure that it is displayed prominently in the main office of the manufacturing facility in which the aircraft, aircraft engine or propeller to which the certificate relates is manufactured. Penalty: 5 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.161 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.163 Privileges for holders of production certificates--conduct of training in particular maintenance Primary category aircraft (1) Subregulation (2) applies to: (a) a person who: (i) holds a production certificate for a primary category aircraft of a particular type and model; and (ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(1); and (b) a person who: (i) holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and (ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(3). (2) Subject to subregulation (5), the person may: (a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft's type design under subregulation 21.024(2); and (b) if the person successfully completes the training--issue a certificate of competency for that type and model of aircraft to the person. Intermediate category aircraft (3) Subregulation (4) applies to a person who: (a) holds a production certificate for an intermediate category aircraft of a particular type and model; and (b) is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A(1). (4) Subject to subregulation (5), a person who is eligible may: (a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft's type design under subregulation 21.026(2); and (b) if the person successfully completes the training--issue a certificate of competency for that type and model of aircraft to the person. Training to be given by licensed aircraft maintenance engineer (5) For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer: (a) who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and (b) if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionary--whose licence is endorsed with the rating for that aircraft type. Source FARs section 21.163 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.165 Responsibility of holder of production certificate (1) The holder of a production certificate must maintain the quality system in conformity with the manual approved under regulation 21.143 in relation to the production certificate. Penalty: 50 penalty units. (2) The holder of a production certificate for a Class I product must ensure that each finished product that is: (a) manufactured under the authority of the certificate; and (b) submitted for airworthiness certification or approval; conforms to the type design for the product and is in a condition for safe operation. Penalty: 50 penalty units. (3) The holder of a production certificate for a Class II, Class III or unapproved Class I product must ensure that each product that is: (a) manufactured under the authority of the certificate; and (b) submitted for approval; conforms to the product design and is in a condition for safe operation. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.165 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.166 Records to be kept by holder of production certificate (1) A person who manufactures a Class I, Class II, Class III or unapproved Class I product under a production certificate must keep, at the place of manufacture, the following records for each product: (a) for a Class I product, a technical data file that includes: (i) the current type design drawings; and (ii) the current specifications; and (iii) the reports on the results of any tests required by or under this Part; and (iv) the original type inspection report; and (v) any amendments to that report; (b) for a Class II, Class III or unapproved Class I product, the current product design and the reports on the results of any tests required by or under this Part; (c) any data (including any amendments) required to be submitted with the original application for the production certificate; (d) a record of any rebuilding or alteration performed by the person; (e) an inspection record; (f) any serial number; (g) any data about the processes and tests to which materials and parts used in the product are subjected; (h) a record of any service difficulties reported to the person. Penalty: 50 penalty units. (2) The records mentioned in paragraphs (1)(a), (b), (c) and (d) must be retained for the period during which the product is manufactured by the person under the production certificate. Penalty: 50 penalty units. (3) The records mentioned in paragraphs (1)(e), (f), (g) and (h) must be retained for 2 years after the manufacture of the product to which the records relate. Penalty: 50 penalty units. (4) The person must allow CASA to examine the records at any reasonable time after reasonable notice is given to the person. Penalty: 50 penalty units. (5) If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops. Penalty: 50 penalty units. (6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.293 modified. Subpart 21.H --Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits Note: A certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.171 Applicability This Subpart prescribes requirements for the issue of certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits. Source FARs section 21.171 modified. Note: Under Part 200 (Aircraft to which CASR do not apply), certain Australian aircraft are authorised to fly without a certificate of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.172 Definitions for Subpart In this Subpart: "LSA standards " means: (a) the standards for the design, performance or continuing airworthiness of light sport aircraft issued by the American Society for Testing and Materials, as in force from time to time; or (b) the standards prescribed by the Part 21 Manual of Standards for the design, performance or continuing airworthiness of light sport aircraft. Note: The standards issued by the American Society for Testing and Materials could in 2015 be viewed on the society's website (http://www.astm.com). "qualified manufacturer " of a light sport aircraft means: (a) a manufacturer who, at the time the light sport aircraft was manufactured, held a current production certificate for an aircraft; or (b) a manufacturer who has made a written declaration that, at the time the light sport aircraft was manufactured, it had: (i) contracted engineering personnel with experience in ultralight or light aircraft design to ensure compliance with LSA standards referred to in paragraph 21.186(2)(b); and (ii) facilities and tools suitable for the production of the aircraft in accordance with the applicable LSA standards; and (iii) competent personnel, with appropriate training, skills and experience, to perform work that affects product quality. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.173 Eligibility (1) An aircraft registration holder, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply to CASA or an authorised person for a certificate of airworthiness for the aircraft. Note: For the meaning of sport aviation body, see subregulation 2(1) of CAR. (3) In this regulation: "certificate of airworthiness " does not include a provisional certificate of airworthiness or an experimental certificate.Source FARs section 21.173 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.175 Certificates of airworthiness: classification In these Regulations: "special certificate of airworthiness " means: (a) a certificate of airworthiness issued for: (i) an aircraft type certificated in the primary, intermediate or restricted category; or (ii) an aircraft in the limited category; or (iii) an amateur-built aircraft accepted under an ABAA; or (iv) a light sport aircraft covered by regulation 21.186; or (b) a provisional certificate of airworthiness; or (c) an experimental certificate. "standard certificate of airworthiness " means a certificate of airworthiness issued for: (a) an aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category; or (b) a manned free balloon; or (c) an aircraft in a special class of aircraft. Source FARs section 21.175 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.176 Issue of certain certificates of airworthiness (1) Subject to regulation 11.055, CASA or an authorised person must issue a certificate of airworthiness to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.173, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. (3) A condition imposed on a certificate of airworthiness under regulation 11.056 may include operational limitations. (4) Any conditions imposed on a certificate of airworthiness under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing, and set out in, or attached to, the certificate of airworthiness. (6) In this regulation: "certificate of airworthiness " does not include a provisional certificate of airworthiness or an experimental certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.179 Transferability Subject to regulation 21.219, a certificate of airworthiness is transferred with the aircraft. Source FARs section 21.179 modified. Note: Regulation 21.219 relates to the transferability of provisional certificates of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.181 Duration of certain certificates of airworthiness (1) In this regulation: "certificate of airworthiness " does not include a provisional certificate of airworthiness or an experimental certificate. (2) Subject to subregulation (4), a certificate of airworthiness continues in force: (a) if a period is specified in the certificate--until the end of the period or until it is cancelled, whichever occurs first; or (b) in any other case--until it is cancelled. (3) The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person. Penalty: 5 penalty units. (4) A certificate of airworthiness for an aircraft stops being in force if: (a) the aircraft ceases to be registered in Australia; or (b) any type certificate or type acceptance certificate for the type of aircraft concerned stops being in force; or (c) in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, a modification is made to the aircraft and the modification: (i) is not authorised by the manufacturer; or (ii) if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that time--is not authorised by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the light sport aircraft; or (iii) does not comply with the LSA standards. (5) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in regular public transport operations, by written notice given to its holder, if: (a) for an aircraft to which Part 42 applies--any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or (aa) for an aircraft to which Part 42 does not apply--any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or (b) the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft's original type certificate was issued or the national aviation authority of a Contracting State, with respect to: (i) collecting and investigating information on defects; or (ii) reporting defects to the national aviation authority of the country of original type certification; or (iii) keeping type records; or (iv) producing and maintaining manuals; or (v) issuing instructions for continuing airworthiness; or (c) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety. (6) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if: (a) for an aircraft to which Part 42 applies--any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or (aa) for an aircraft to which Part 42 does not apply--any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or (b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety. (7) A notice under subregulation (5) or (6) must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. (8) Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued. (9) The holder of a certificate of airworthiness that stops being in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person. Penalty: 5 penalty units. (10) An offence against subregulation (3) or (9) is an offence of strict liability. Note 1: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.181 modified. Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of certificates of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.182 Aircraft manufacturer's data plate (1) Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified: (a) as required by Subpart 21.Q; or (b) in the case of an imported aircraft: (i) as required by the national aviation authority of the Contracting State in which it was certificated; or (ii) in another way acceptable to CASA. (2) Subregulation (1) does not apply to an applicant: (a) if the applicant is applying for an experimental certificate for an aircraft that is not an amateur-built aircraft, a kit-built aircraft or a light sport aircraft; or (b) if: (i) a different certificate of airworthiness is in force for the aircraft; and (ii) the applicant for the issue of that certificate complied with subregulation (1). Source FARs section 21.182 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.183 Standard certificates of airworthiness New aircraft manufactured under a production certificate (1) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft: (a) does not conform to the type design; or (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or (c) is not in a condition for safe operation. New aircraft manufactured under type certificate only (2) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a type certificate only is entitled to the certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity required by regulation 21.130, if CASA finds after inspection that the aircraft: (a) conforms to the type design; and (b) has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) is in a condition for safe operation; and (d) was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate. Imported aircraft (3) An applicant for a standard certificate of airworthiness for an aircraft for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person is satisfied that: (a) the aircraft conforms to the type design; and (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) the aircraft is in a condition for safe operation. Other aircraft (4) An applicant for a standard certificate of airworthiness for aircraft not covered by subregulation (1), (2) or (3) is entitled to the certificate if: (a) the aircraft: (i) has a type design approved under a type certificate or a supplemental type certificate; or (ii) if there is no type certificate or supplemental type certificate for the aircraft--is of a type or model that has previously been issued a certificate of airworthiness in the category applied for; and (b) the aircraft complies with any applicable airworthiness directives; and (c) the aircraft meets the requirements mentioned in subregulation (4A); and (d) CASA or an authorised person is satisfied that: (i) the aircraft conforms to the type design (if any); and (ii) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (iii) the aircraft is in a condition for safe operation. (4A) For paragraph (4)(c), the requirements are that: (a) the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and (b) if Part 42 applies to the aircraft--an airworthiness review certificate is in force for the aircraft; and (c) if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and model--a person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184(4). Inspection (5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1), (3) or (4) to determine whether: (a) it conforms to the type design; and (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) it is in a condition for safe operation. Source FARs section 21.183 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.184 Special certificates of airworthiness for primary category aircraft New primary category aircraft manufactured under a production certificate (1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft: (a) does not conform to the type design; or (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or (c) is not in a condition for safe operation. Imported aircraft (2) An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that: (a) the aircraft conforms to the type design; and (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) the aircraft is in a condition for safe operation. Aircraft having a current standard certificate of airworthiness (3) An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that: (a) the aircraft has a standard certificate of airworthiness; and (b) the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and (c) the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and (d) the applicant meets the requirements mentioned in regulation 21.113A; and (e) if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight--one of the following documents has been issued for the aircraft in relation to the maintenance: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and (f) if Part 42 does not apply to the aircraft--a maintenance release is in force for the aircraft. Other aircraft (4) An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that: (a) the aircraft: (i) conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or (ii) complies with the requirements prescribed by the Part 21 Manual of Standards; and (b) the aircraft complies with all applicable airworthiness directives; and (c) if Part 42 applies to the aircraft--an airworthiness review certificate is in force for the aircraft; and (ca) if Part 42 does not apply to the aircraft--the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and (d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (e) the aircraft is in a condition for safe operation. Inspection (5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether: (a) it conforms to the type design; and (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) it is in a condition for safe operation. Multiple-category certification (6) A multiple-category certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness. Source FARs section 21.184 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.184A Special certificates of airworthiness for intermediate category aircraft New intermediate category aircraft manufactured under a production certificate (1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and was manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft: (a) does not conform to the type design; or (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or (c) is not in a condition for safe operation. Other aircraft (2) An applicant for a special certificate of airworthiness for an aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and is not covered by subregulation (1) is entitled to the certificate if CASA or an authorised person is satisfied that: (a) the aircraft: (i) conforms to an approved intermediate, normal, utility, or acrobatic type design; or (ii) complies with the requirements prescribed by the Part 21 Manual of Standards; and (b) the aircraft complies with all applicable airworthiness directives; and (c) if Part 42 applies to the aircraft--an airworthiness review certificate is in force for the aircraft; and (ca) if Part 42 does not apply to the aircraft--the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and (d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (e) the aircraft is in a condition for safe operation. Inspection (3) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (2) to determine whether: (a) it conforms to the type design; and (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) it is in a condition for safe operation. Multiple-category certification (4) A multiple-category certificate of airworthiness in the intermediate category and any other category must not be issued; an intermediate category aircraft may hold only one certificate of airworthiness. Source FARs section 21.184 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.185 Certificates of airworthiness for restricted category aircraft Aircraft manufactured under a production certificate or type certificate only (1) An applicant for the original issue of a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, is entitled to the certificate if the applicant complies with the appropriate provisions of regulation 21.183. Imported aircraft (2) An applicant for the original issue of a restricted category certificate of airworthiness for an imported aircraft type certificated only in the restricted category under regulation 21.029 or 21.029A is entitled to a certificate of airworthiness if CASA or an authorised person is satisfied that: (a) the aircraft conforms to the type design; and (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) the aircraft is in a condition for safe operation. Other aircraft (3) An applicant for a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was a surplus aircraft of the Defence Force, or of an armed force of Canada, the United Kingdom or the United States of America, or was previously certificated in another category, is entitled to the certificate if CASA or an authorised person is satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation. (3A) Subregulation (3B) applies to an aircraft: (a) that is type certificated in the normal, utility, acrobatic, commuter or transport category; and (b) that has been modified for 1 or more of the special purpose operations mentioned in regulation 21.025; and (c) the modifications to which have been carried out in accordance with: (i) an approved modification/repair design; or (ii) a supplemental type certificate. (3B) An applicant for a special certificate of airworthiness for an aircraft to which this subregulation applies is entitled to the certificate as if the aircraft were type certificated in the restricted category if CASA or an authorised person finds, after inspection, that: (a) the aircraft meets the requirements of the normal utility, acrobatic, commuter or transport category except the requirements that CASA or the authorised person considers are inappropriate for the special purpose for which the aircraft is to be used; and (b) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use. Inspection (4) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (3) to determine whether: (a) it conforms to the type design; and (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and (c) it is in a condition for safe operation. Source FARs section 21.185 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.186 Special certificates of airworthiness for light sport aircraft (1) An applicant is entitled to a special certificate of airworthiness for a light sport aircraft if: (a) the aircraft was manufactured by a qualified manufacturer; and (b) the applicant gives CASA, or the authorised person referred to in regulation 21.176, the following: (i) a statement of compliance by the manufacturer that complies with subregulation (2); (ii) copies of the aircraft operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer; (iii) in the case of a light sport aircraft manufactured outside Australia--written information showing that: (A) the aircraft was manufactured in a Contracting State; and (B) the aircraft is eligible for a certificate of airworthiness, or another document of similar effect, in the country of manufacture; and (c) CASA or an authorised person finds, after inspection, that the aircraft is in a condition for safe operation. (2) A statement of compliance must be signed by the manufacturer and include at least the following: (a) a statement setting out the aircraft's make and model, serial number and date of manufacture; (b) a statement specifying which of the LSA standards apply to the design of the aircraft, including a statement to the effect that the design of the aircraft complies with the specified standards; (c) a statement specifying that: (i) the manufacturer has a quality system that complies with the LSA standards; and (ii) based on that system, the aircraft conforms to the manufacturer's technical data for the design of the aircraft; (d) a statement to the effect that the manufacturer will make the statements, documents and information referred to in paragraph (1)(b) available to any person who asks the manufacturer for them; (e) a statement to the effect that the manufacturer will monitor the continuing airworthiness of the aircraft and will issue directions or requirements that comply with the LSA standards to correct any unsafe condition; (f) a statement to the effect that, in accordance with a production acceptance test procedure that complies with the LSA standards: (i) the manufacturer has ground-tested and flight-tested the aircraft; and (ii) the manufacturer found the aircraft's performance during ground and flight testing acceptable; and (iii) the aircraft is in a condition for safe operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.187 Multiple-category airworthiness certification (1) An applicant for a certificate of airworthiness for an aircraft in the restricted category, and in one or more other categories (except the primary or intermediate category), is entitled to the certificate, if the aircraft: (a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and (b) can be converted from one category to another by removing or adding equipment by simple mechanical means. (2) The operator of an aircraft certificated in the restricted category and in one or more other categories must have the aircraft inspected to determine airworthiness each time the aircraft is converted from the restricted category to another category for the carriage of passengers. Penalty: 50 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The inspection must be carried out by: (a) CASA or an authorised person; or (b) a person who, under regulation 42ZE or 42ZN of CAR, can certify that the maintenance carried out on the aircraft for the purposes of its conversion was completed. (4) CASA or an authorised person may inspect the aircraft, and may require the applicant to make any tests reasonably necessary, to determine whether the aircraft: (a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and (b) can be converted from one category to another by removing or adding equipment by simple mechanical means. Source FARs section 21.187 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.189 Special certificate of airworthiness for limited category aircraft (1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the limited category for one or more special purpose operations mentioned in subregulation (3) if: (a) either: (i) CASA or an authorised person is satisfied that the aircraft meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); or (ii) the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force, and for which the applicant can demonstrate to CASA or an authorised person a satisfactory history of operation; and (b) as far as can be reasonably determined, CASA or an authorised person is satisfied that the aircraft is in a good state of preservation and repair and is in a condition for safe operation; and (c) as far as can be reasonably determined, CASA or an authorised person is satisfied that the aircraft can reasonably be expected to be safe when it is operated under the conditions limiting its intended use; and (d) the applicant meets the requirements of subregulation (2). (2) The applicant must give CASA or an authorised person the following: (a) a statement, in a form and manner acceptable to CASA or the authorised person, setting out the purpose or purposes for which the aircraft is to be used; (b) data (for example photographs) to identify the aircraft; (c) any other information reasonably needed by CASA or the authorised person to enable it to impose any conditions necessary in the interests of the safety of other airspace users and persons on the ground or water. (3) The special purpose operations are the following: (a) operating historic or ex-military aircraft in adventure style operations; (b) aerobatic flights; (c) aerobatic training; (d) exhibition flights; (e) mock combat; (f) operating replica aircraft; (g) operating aircraft to carry people for parachute jumping; (h) any other operation in which the only use of the aircraft is to carry people taking part in a recreational activity that is intrinsically hazardous. (4) CASA or an authorised person may: (a) inspect the aircraft to determine whether it is in a good state of preservation and repair and is in a condition for safe operation; and (b) require the applicant to carry out a flight check to enable CASA or the authorised person to make the determination. Source FARs section 21.189 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.190 Special certificates of airworthiness--amateur-built category aircraft accepted under an ABAA (1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateur-built aircraft category if: (a) CASA or an authorised person has given an ABAA for the aircraft; and (b) the aircraft complies with subsections 3 and 4 of section 101.28 of the Civil Aviation Orders; and (c) approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and (d) CASA or an authorised person finds, after inspection, that: (i) the aircraft conforms with the data on the basis of which the ABAA was given; and (ii) any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and (iii) the aircraft is in a condition for safe operation. (1A) In the case of an aircraft that is a rotorcraft, for the application of section 101.28 of the Civil Aviation Orders: (a) a reference in that section to an aeroplane is taken to be a reference to an aircraft; and (b) CASA may direct that a requirement of that section does not apply in a particular case. (2) CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with: (a) a maximum take-off weight not greater than 1500 kilograms; and (b) not more than 4 seats; and (c) if the aircraft is an aeroplane that is fitted with one or more type certificated engines: (i) a stalling speed VS0 at maximum weight not exceeding 61 knots; or (ii) if accurate data about the stalling speed is not available--a maximum wing loading not exceeding: (A) 65 kg/m2 with a flap area of less than 6 percent gross wing area; or (B) 80 kg/m2 with a flap area of at least 6 percent gross wing area; and (d) if the aircraft is an aeroplane that is fitted with one or more non-type certificated engines: (i) a stalling speed VS0 at maximum weight not exceeding 55 knots; or (ii) if accurate data about the stalling speed is not available--a maximum wing loading not exceeding: (A) 55 kg/m2 with a flap area of less than 6 percent gross wing area; or (B) 65 kg/m2 with a flap area of at least 6 percent gross wing area. (3) CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30 September 2000. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.191 Experimental certificates An experimental certificate may be issued for one or more of the following purposes: (a) research and development: for example testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft; (b) showing compliance with regulations: for example conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issue of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations; (c) training the applicant's flight crew; (d) exhibition: for example exhibiting the aircraft's flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions; (e) air racing: for example participating in air races, including (for participants) practising for air races and flying to and from racing events; (f) market surveys: for example use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in regulation 21.195; (g) operating an amateur-built aircraft: that is an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person's own education or recreation; (h) operating a kit-built aircraft: that is an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a) and that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under subregulation 21.184(1); (i) private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d); (j) operating a light sport aircraft that: (i) has been assembled from a kit in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e); and (ii) has been assembled in accordance with the kit manufacturer's instructions for assembling the aircraft; and (iii) is of the same make and model as a production aircraft covered by regulation 21.186 that has been issued with a special certificate of airworthiness; (k) operating any other light sport aircraft covered by regulation 21.186 for which a special certificate of airworthiness for light sport aircraft, or another document of similar effect under a law of a Contracting State, has been issued. Source FARs section 21.191 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.192 Experimental certificates: eligibility An aircraft registration holder, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply for an experimental certificate for one or more of the purposes mentioned in regulation 21.191. Note: For the meaning of sport aviation body, see subregulation 2(1) of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.193 Experimental certificates: general An applicant for an experimental certificate is entitled to the certificate if the applicant gives CASA, an authorised person or a relevant approved design organisation the following: (a) a statement, in a form and manner acceptable to CASA or the authorised person, setting forth the purpose for which the aircraft is to be used; (b) enough data (such as photographs) to identify the aircraft; (c) upon inspection of the aircraft, any information reasonably needed by CASA or the authorised person or relevant approved design organisation to enable it to impose any conditions, including operational limitations, necessary in the interests of the safety of other airspace users and persons on the ground or water; (d) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(a) (research and development) or paragraph 21.191(b) (showing compliance with the regulations): (i) a description of the experimental purposes for which the certificate is sought; and (ii) a statement setting out the estimated time or number of flights required for the purpose; and (iii) a description of the areas over which the experiment will be conducted; and (iv) except for aircraft converted from a previously certificated type without appreciable change in the external configuration--three-view drawings or three-view dimensioned photographs of the aircraft; (e) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(j) (operating certain light sport aircraft): (i) written information that shows that a special certificate of airworthiness for light sport aircraft covered by regulation 21.186, or another document of similar effect under a law of a Contracting State, has been issued for a production aircraft of the same make and model; and (ii) a statement of compliance, issued by the manufacturer of the kit from which the aircraft was assembled, that includes the statements and information required by subregulation 21.186(2), in so far as the statements and information relate to the manufacture of such kits; and (iii) copies of the aircraft assembly and operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer. Source FARs section 21.193 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training (1) A manufacturer of aircraft manufactured within Australian territory is eligible to apply for an experimental certificate for an aircraft that is to be used for a purpose mentioned in paragraph 21.191(f). (2) A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by the manufacturer within Australian territory, is eligible to apply for an experimental certificate for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, acrobatic, commuter, primary, intermediate or transport category. (3) A person who has altered the design of a type certificated aircraft is eligible to apply for an experimental certificate for the altered aircraft to be used for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, primary, intermediate or transport category. (4) An applicant for an experimental certificate for a purpose mentioned in paragraph 21.191(f) is entitled to the certificate if, in addition to meeting the requirements of regulation 21.193: (a) the applicant has established an inspection and maintenance program for the continued airworthiness of the aircraft; and (b) the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified. Source FARs section 21.195 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195A Issue of experimental certificates (1) Subject to regulation 11.055, CASA, an authorised person or a relevant approved design organisation must issue an experimental certificate to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.192, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. (3) A condition imposed on an experimental certificate under regulation 11.056 may include operational limitations. (4) Any conditions imposed on an experimental certificate under regulation 11.056, must be in writing and set out in, or attached to, the experimental certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195B Duration, production for inspection, suspension and cancellation of experimental certificates (1) Subject to subregulation (4), an experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force: (a) if a period of less than one year is specified in the certificate--until the end of the period, or until it is cancelled, whichever occurs first; or (b) in any other case--until the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first. (2) Subject to subregulation (4), an experimental certificate issued for the purpose of exhibition, air racing, operating amateur-built, kit-built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d), continues in force: (a) if a period is specified in the certificate--until the end of the period, or until it is cancelled, whichever occurs first; or (b) in any other case--until it is cancelled. (3) The holder of an experimental certificate commits an offence if: (a) CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and (b) the holder does not make the certificate available for inspection in accordance with the request. Penalty: 50 penalty units. (4) An experimental certificate for an aircraft stops being in force if the aircraft ceases to be registered in Australia. (5) CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if: (a) any maintenance is not carried out in accordance with regulation 42CB of CAR; or (b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water. (6) A notice under subregulation (5) must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. (7) Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued. (8) The holder of an experimental certificate commits an offence if: (a) the certificate stops being in force under subregulation (4), expires or is suspended or cancelled; and (b) CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and (c) the holder does not surrender the certificate in accordance with the request. Penalty: 50 penalty units. (9) An offence against subregulation (3) or (8) is an offence of strict liability. Note 1: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.181 modified. Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195C Exercise of certain powers by authorised persons and relevant approved design organisations An authorised person or a relevant approved design organisation may exercise the following powers in relation to an experimental certificate only if the person or organisation issued the certificate: (a) asking the holder to make the certificate available for inspection under subregulation 21.195B(3); (b) asking the holder to surrender the certificate under subregulation 21.195B(8). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.196 Special flight permits: eligibility Any person is eligible to apply for a special flight permit. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.197 Special flight permits (1) A special flight permit may be issued for one or more of the following purposes for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose: (a) flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage; (b) delivering or exporting the aircraft; (c) production flight testing new production aircraft; (d) evacuating the aircraft from areas of impending danger; (e) conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests; (f) assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion; (g) assisting in dealing with a state of emergency. (2) A special flight permit may authorise the operation of an aircraft at a weight in excess of its maximum certificated take-off weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available. The excess weight that may be authorised under this paragraph is limited to the additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight. (3) For subsection 20AA(1) of the Act, an aircraft with a special flight permit, except a special flight permit issued for a purpose mentioned in paragraph (1)(b), is not required to be registered. (4) For paragraph 20AA(3)(a) of the Act, an aircraft with a special flight permit is not required to have a certificate of airworthiness. (6) When CASA or an authorised person issues a special flight permit, it may direct that, while the permit is in force, all or any of paragraphs 133(1)(a), (c) and (d), and regulation 139, of CAR do not apply to the aircraft. Source FARs section 21.197 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.199 Applications for special flight permits (1) An applicant for a special flight permit must submit a statement to CASA or an authorised person, indicating the following: (a) the purpose or purposes of the flight; (b) the proposed itinerary; (c) the crew required to operate the aircraft and its equipment, for example, pilot, co-pilot, navigator; (d) the ways, if any, in which the aircraft does not comply with the applicable airworthiness requirements; (e) any restriction the applicant considers necessary for safe operation of the aircraft; (f) any other information that CASA or the authorised person reasonably needs to be able to prescribe operating limitations or other conditions in the interests of aviation safety. (2) CASA or an authorised person may make, or require the applicant to make, appropriate inspections or tests necessary to determine whether the aircraft can reasonably be expected to be capable of safe flight for the intended purpose or purposes. Source FARs section 21.199 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.200 Issue of special flight permits (1) Subject to subregulation (1A) and regulation 11.055, CASA or an authorised person must issue a special flight permit to an applicant for the permit if the applicant: (a) is eligible, under regulation 21.196, to apply for the permit; and (b) applies for the permit in accordance with this Subpart; and (c) otherwise complies with this Part. (1A) CASA or an authorised person must not issue a special flight permit for an aircraft if: (a) the aircraft is covered by an airworthiness directive (within the meaning of regulation 39.002); and (b) the airworthiness directive includes a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive. (3) A condition imposed on a special flight permit under regulation 11.056 may include operational limitations. (4) Any conditions imposed on a special flight permit under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing and set out in, or attached to, the special flight permit. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.201 Inspection, suspension and cancellation of special flight permits (2) The holder of a special flight permit must, on the request of CASA or an authorised person, make it available for inspection by CASA or an authorised person. Penalty: 5 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) CASA or an authorised person may suspend or cancel a special flight permit, by written notice given to its holder, if CASA or the authorised person considers that it is necessary to do so in the interests of aviation safety. (4) A notice under subregulation (3) must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. Source FARs section 21.181 modified. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of special flight permits. Subpart 21.I --Provisional certificates of airworthiness Note: A provisional certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.211 Applicability This Subpart prescribes requirements for the issue of provisional certificates of airworthiness. Source FARs section 21.211 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.213 Eligibility (1) A manufacturer is eligible to apply for a Class I or Class II provisional certificate of airworthiness for aircraft manufactured by the manufacturer in Australian territory. (2) The holder of an AOC issued for regular public transport operations is eligible to apply for a Class II provisional certificate of airworthiness for transport category aircraft if: (a) the aircraft has a current Class II provisional type certificate or a current amendment of a Class II provisional type certificate; or (b) the aircraft has a current provisional amendment to a type certificate that was preceded by a corresponding Class II provisional type certificate. (3) An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated engines, manufactured by the aircraft engine manufacturer in Australian territory, is eligible to apply for a Class I provisional certificate of airworthiness for that aircraft, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate or transport category. Source FARs section 21.213 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.215 Application Application for a provisional certificate of airworthiness may be submitted to CASA. The application must be accompanied by the pertinent information specified in these Regulations. Source FARs section 21.215 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.216 Issue of provisional certificates of airworthiness Subject to regulation 11.055, CASA must issue a provisional certificate of airworthiness to an applicant for the certificate if the applicant: (a) is eligible, under regulation 21.213, to apply for the certificate; and (b) applies for the certificate in accordance with this Subpart; and (c) is entitled, under this Subpart, to the certificate; and (d) otherwise complies with this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.217 Duration (1) Unless sooner cancelled, provisional certificates of airworthiness are effective for the duration of the corresponding provisional type certificate, amendment to a provisional type certificate, or provisional amendment to the type certificate. (2) Despite subregulation (1), a provisional certificate of airworthiness is not in force during any period of suspension. (3) CASA may suspend or cancel a provisional certificate of airworthiness, by written notice given to its holder, if CASA considers that it is necessary to do so in the interests of aviation safety. (4) A notice must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. Source FARs section 21.217 modified. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional certificates of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.219 Transferability A Class II provisional certificate of airworthiness may be transferred to an AOC holder eligible to apply for a certificate under subregulation 21.213(2). Source : FARs section 21.219 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.221 Class I provisional certificates of airworthiness (1) Except as provided in regulation 21.225, an applicant who holds a Class I provisional type certificate for an aircraft is entitled to a Class I provisional certificate of airworthiness for the aircraft if: (a) the applicant meets the eligibility requirements of regulation 21.213; and (b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the limitations mentioned in subregulation 21.081(4) and regulation 262AO of CAR. (2) The manufacturer must hold a provisional type certificate for the aircraft. (3) The manufacturer must submit a statement that the aircraft conforms to the type design corresponding to the provisional type certificate and has been found by the manufacturer to be in safe operating condition under all applicable limitations. (4) The aircraft must be flown at least five hours by the manufacturer. (5) The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the limitations mentioned in subregulation 21.081(4) and regulation 262AO of CAR. Source FARs section 21.221 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.223 Class II provisional certificates of airworthiness (1) Except as provided in regulation 21.225, an applicant who holds a Class II provisional type certificate for an aircraft is entitled to a Class II provisional certificate of airworthiness for the aircraft if: (a) the applicant meets the eligibility requirements of regulation 21.213; and (b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the limitations mentioned in subregulation 21.083(7) and regulation 262AO of CAR. (2) The applicant must show that a Class II provisional type certificate for the aircraft has been issued to the manufacturer. (3) The applicant must submit a statement by the manufacturer that the aircraft has been manufactured under a quality system adequate to ensure that the aircraft conforms to the type design corresponding with the provisional type certificate. (4) The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations. (5) The aircraft must be flown at least five hours by the manufacturer. (6) The aircraft must be supplied with a provisional aircraft flight manual containing the limitations mentioned in subregulation 21.083(7) and regulation 262AO of CAR. Source FARs section 21.223 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.225 Provisional certificates of airworthiness corresponding with provisional amendments to type certificates (1) An applicant is entitled to a Class I or a Class II provisional certificate of airworthiness for an aircraft for which a provisional amendment to the type certificate has been issued, if: (a) the applicant meets the eligibility requirements of regulation 21.213; and (b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft, as modified in accordance with the provisionally amended type certificate, that would make the aircraft unsafe when operated in accordance with the applicable limitations mentioned in subregulation 21.085(6) and regulation 262AO of CAR. (2) The applicant must show that the modification was made under a quality system adequate to ensure that the modification conforms to the provisionally amended type certificate. (3) The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations. (4) The aircraft must be flown at least five hours by the manufacturer. (5) The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the limitations mentioned in subregulation 21.085(6) and regulation 262AO of CAR. Source FARs section 21.225 modified. Subpart 21.J --Approved design organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.231 What Subpart 21.J is about This Subpart sets out matters relating to approved design organisations including: (a) requirements for approval as an approved design organisation; and (b) the privileges and obligations of approved design organisations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.233 Definitions for Subpart 21.J In this Subpart: "accountable manager ", for an approved design organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition and design assurance system and these Regulations; and (b) ensuring that the organisation is able to finance the carrying out of the design activities stated in its approval certificate; and (c) ensuring that the organisation has adequate resources available to enable the organisation to carry out design activities in accordance with its exposition and design assurance system. "advice activity " means giving advice under regulation 21.007A. "approval activity " means any of the following: (aa) approving an aircraft flight manual under regulation 21.006; (a) approving a change to an aircraft flight manual under regulation 21.006A; (b) approving a defect in an Australian aircraft as a permissible unserviceability under regulation 21.007; (c) approving technical data under regulation 21.009; (d) approving a minor change in a type design under regulation 21.095; (e) approving a major change in a type design under regulation 21.098; (ea) varying a supplemental type certificate under regulation 21.120B; (f) approving the design of a Class II or Class III product under regulation 21.132A; (g) approving a material, part, process or appliance under regulation 21.305A; (h) granting a modification/repair design approval under regulation 21.437; (i) approving an imported aircraft engine or propeller under regulation 21.500A; (j) approving an imported material, part or appliance under regulation 21.502A; (k) under regulation 11.067, imposing a condition on, or varying a condition of, an approval mentioned in any of paragraphs (a) to (j); (l) under Subpart 11.D, varying an approval mentioned in any of paragraphs (a) to (j). "approval certificate ", for an approved design organisation, means the certificate issued to the organisation under regulation 21.245. "carries out a design activity ": an approved design organisation carries out a design activity if the activity is carried out on the organisation's behalf by: (a) an employee of the organisation; or (b) a subcontractor of the organisation. "certification activity " means any of the following: (a) certifying to CASA under subregulation 21.013A(3) that an applicant for a type certificate meets a criterion for entitlement to the certificate, other than the requirement under paragraph 21.021(b) that any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; (b) certifying to CASA under subregulation 21.095(5) that a type design, as modified by a minor change, would meet a requirement of this Part; (c) certifying to CASA under subregulation 21.098(3) that an applicant meets a requirement mentioned in subregulation 21.098(1); (d) certifying to CASA under subregulation 21.115(3) that an altered aircraft, aircraft engine or propeller meets: (i) an applicable airworthiness requirement mentioned in subparagraph 21.115(1)(a)(i); or (ii) the requirement mentioned in paragraph 21.115(1)(b); (da) certifying to CASA under subregulation 21.120B(6) that an altered aircraft, aircraft engine or propeller meets: (i) an applicable airworthiness requirement mentioned in subparagraph 21.120B(3)(a)(i); or (ii) the requirement mentioned in paragraph 21.120B(3)(b); (e) certifying to CASA under subregulation 21.132A(6) that the design of a Class II or Class III product meets the applicable airworthiness standards for the product; (f) certifying to CASA under subregulation 21.303(4C) that a design for a part meets the airworthiness requirements of these Regulations applicable to the aircraft, aircraft engine or propeller on which the part is to be installed; (g) certifying to CASA under subregulation 21.420(5) that a design complies with the applicable airworthiness requirements for the design; (h) certifying to CASA under subregulation 21.605(7) that a design for an article complies with the applicable ATSO, ETSO or TSO for the article, including any deviations approved under regulation 21.609; (i) conducting or observing any tests or inspections for the purpose of a certification mentioned in paragraphs (a) to (h). "design activity "means any of the following: (a) an advice activity; (b) an approval activity; (c) a certification activity; (d) an experimental certificate activity. "design assurance system ", for an approved design organisation, means the system described in the organisation's design assurance system manual. "design assurance system manual ", for an approved design organisation, means: (a) the manual approved by CASA under paragraph 21.243(7)(b) in relation to the organisation; and (b) if a change to the manual is approved under regulation 21.253 or 21.255--the manual as changed; and (c) if the manual is changed under regulation 21.256--the manual as changed. "design responsibility ", for an approved design organisation, means responsibility to the accountable manager for ensuring that the organisation complies with its exposition and design assurance system manual and these Regulations in carrying out design activities. "experimental certificate activity " means any of the following: (a) issuing an experimental certificate under regulation 21.195A; (b) under regulation 11.067, imposing a condition on, or varying a condition of, an experimental certificate; (c) under Subpart 11.D, varying an experimental certificate; (d) asking the holder of an experimental certificate, under subregulation 21.195B(3), to make the certificate available for inspection; (e) asking the holder of an experimental certificate, under subregulation 21.195B(8), to surrender the certificate. "exposition ", for an approved design organisation, means: (a) the document approved by CASA under paragraph 21.243(7)(a) in relation to the organisation; and (b) if a change to the document is approved under regulation 21.253 or 21.255--the document as changed; and (c) if the document is changed under regulation 21.259 or 21.261--the document as changed. "head of design ", for an approved design organisation, means the individual, appointed by the organisation, who has design responsibility for the organisation. "subcontractor ", in relation to an approved design organisation, means a person who: (a) is a party to a written contract with the organisation to carry out a design activity, or part of a design activity, on behalf of the organisation; and (b) is not an employee of the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.235 Privileges for approved design organisations (1) An approved design organisation may carry out a design activity, other than a certification activity, in relation to an aircraft or aeronautical product only if the organisation is approved under regulation 21.243 to carry out the activity in relation to aircraft or aeronautical products of that kind. (2) An approved design organisation may carry out a certification activity in relation to an aircraft or aeronautical product and an application mentioned in subregulation 21.251(1) only if: (a) the organisation is approved under regulation 21.243 to carry out the activity in relation to aircraft or aeronautical products of that kind; and (b) CASA authorises the organisation under regulation 21.251 to carry out the activity in relation to the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.237 Prohibition of unauthorised carrying out of design activities (1) A person commits an offence if: (a) the person carries out a design activity; and (b) the person does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirement is that the person is: (a) an approved design organisation that is permitted to carry out the design activity under regulation 21.235; or (b) if the provision under which the activity is carried out provides that an authorised person may carry out the activity--an authorised person for the provision; or (c) if the provision under which the activity is carried out provides that CASA may carry out the activity--CASA. (3) Subregulation (1) does not apply to a person who carries out a design activity on behalf of an approved design organisation if: (a) the person is: (i) an employee of the organisation; or (ii) a subcontractor of the organisation; and (b) the organisation is permitted under regulation 21.235 to carry out the design activity; and (c) the person is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation. Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code. (4) Subregulation (1) does not apply to a person who carries out a design activity on behalf of a subcontractor of an approved design organisation if: (a) the person is an employee of the subcontractor; and (b) the organisation is permitted under regulation 21.235 to carry out the design activity; and (c) the subcontractor is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation; and (d) the person is authorised, in writing, by the subcontractor to carry out the design activity on behalf of the subcontractor. Note: A defendant bears an evidential burden in relation to the matters in subregulation (4): see subsection 13.3(3) of the Criminal Code. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.239 Applications may be made to approved design organisation--approval activities and experimental certificates Despite anything else in this Part, if an approved design organisation is a relevant approved design organisation in relation to an approval activity or the issue of an experimental certificate under regulation 21.195A: (a) an application for the approval or experimental certificate may be made to the approved design organisation; and (b) a reference in this Part to CASA includes a reference to the approved design organisation in relation to: (i) the application for the approval or experimental certificate; and (ii) if the organisation grants the approval or experimental certificate--the approval or experimental certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.241 Applying for approval (1) A person may apply, in writing, to CASA for approval as an approved design organisation. (2) The application must include: (a) an outline of: (i) the design activities that the applicant proposes to carry out; and (ii) the aircraft or aeronautical products in relation to which the applicant proposes to carry out those design activities; and (iii) the applicant's procedures for carrying out those design activities; and (iv) the applicant's organisational structure; and (b) the names of the applicant's accountable manager and head of design; and (c) if the applicant intends to subcontract a design activity, or part of a design activity, that it proposes to carry out--a statement explaining the arrangement under which the design activity, or that part of the design activity, will be carried out by a subcontractor. (3) The applicant must give CASA, with the application or subsequently: (a) a copy of the applicant's proposed exposition; and (b) a copy of the applicant's proposed design assurance system manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.243 Granting approval (1) If the applicant gives CASA the documents mentioned in subregulation 21.241(3), CASA must make a decision on the application. (2) Subject to regulation 11.055, CASA must approve the applicant as an approved design organisation if: (a) subregulation (4) does not apply to the applicant; and (b) CASA is satisfied that the applicant meets the requirements mentioned in subregulation (5). (3) Subject to regulation 11.055, CASA must approve the applicant as an approved design organisation if: (a) subregulation (4) applies to the applicant; and (b) CASA is satisfied that: (i) the applicant meets the requirements mentioned in subregulation (5); and (ii) CASA would not be placed under an undue burden in administering the approval. (4) This subregulation applies to an applicant that: (a) is not an Australian resident or a corporation registered in Australia; or (b) carries on business outside Australian territory. (5) For paragraph (2)(b) and subparagraph (3)(b)(i), the requirements are the following: (a) the applicant's proposed exposition must: (i) contain the information mentioned in regulation 21.263; and (ii) be consistent with the applicant's proposed design assurance system manual; (b) the design assurance system described in the applicant's proposed design assurance system manual must meet the requirements mentioned in regulations 21.269 and 21.270; (c) the applicant must have established and be able to maintain the design assurance system; (d) the applicant: (i) must have sufficient appropriately qualified and experienced personnel to carry out each design activity mentioned in the applicant's proposed exposition; and (ii) must have facilities that are appropriate for carrying out each design activity mentioned in the applicant's proposed exposition; and (iii) must have, or have access to, the equipment, tools and up-to-date design reference data (in electronic form or otherwise) necessary for carrying out each design activity mentioned in the applicant's proposed exposition; (e) the individual named in the application as the applicant's accountable manager must: (i) have the authority to carry out the responsibilities of the position; and (ii) understand the responsibilities of the position; and (iii) have the knowledge, qualifications and experience required by the organisation's exposition for the position; (f) the individual named in the application as the applicant's head of design must have: (i) knowledge, qualifications and experience that are suitable for the position; and (ii) the knowledge, qualifications and experience required by the organisation's exposition for the position. (6) If CASA decides to approve an applicant as an approved design organisation, CASA must determine: (a) the design activities that the applicant is approved to carry out; and (b) the aircraft and aeronautical products in relation to which the applicant is approved to carry out those design activities; and (c) if the applicant is approved to grant a modification/repair design approval under regulation 21.437--whether the applicant is approved to make an equivalent level of safety determination under regulation 21.436. (7) If CASA approves an applicant, CASA is taken to have also approved the applicant's proposed: (a) exposition; and (b) design assurance system manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.245 Approval certificate (1) If CASA approves an applicant as an approved design organisation, CASA must issue a certificate of approval setting out: (a) the name of the organisation; and (b) the matters mentioned in subregulation 21.243(6). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) CASA must issue a new approval certificate to an approved design organisation if: (a) CASA approves, under regulation 21.253, a change to the scope of the organisation's approval; or (b) the organisation gives CASA written notice, under regulation 21.259, that it has changed its name. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.247 Approval subject to conditions--general (1) It is a condition of approval of an approved design organisation that the organisation must: (a) comply with this Subpart, its exposition and its design assurance system manual; and (b) ensure that its employees and subcontractors, and the personnel holding the positions mentioned in paragraph 21.263(1)(c), comply with this Subpart and the organisation's exposition and design assurance system manual; and (c) ensure that its exposition is consistent with its design assurance system manual; and (d) ensure that no design activity that the organisation carries out introduces an unsafe feature or characteristic into the design of the aircraft or aeronautical product to which the design activity relates; and (e) ensure that the organisation's design assurance system maintains satisfactory control and supervision of each design activity that the organisation carries out; and (f) comply with each direction given to it under subregulation (2). (2) For paragraph (1)(f), CASA may issue a direction to an approved design organisation setting out: (a) information that the approved design organisation must give to CASA; and (b) the times when the organisation must give that information to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.248 Approval subject to conditions--holders of other authorisations under Part 21 and licensees (1) If the organisation is also the holder of another authorisation (however described) under this Part, it is a condition of the organisation's approval that the organisation must comply with its obligations under this Part as the holder of the other authorisation. Examples: The following are some other authorisations under this Part: (a) a type certificate; (b) a supplemental type certificate; (c) a production certificate; (d) an APMA; (e) a modification/repair design approval; (f) an approval mentioned in regulation 21.475; (g) an ATSO authorisation. (2) If the organisation is also the licensee of a type certificate or supplemental type certificate, it is a condition of the organisation's approval that the organisation must comply with its obligations under this Part as the licensee of the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.249 Cancellation, suspension and variation of approval (1) CASA may cancel, suspend or vary an approval, by written notice given to its holder, if the holder does not comply, or ceases to comply, with this Subpart. (2) A notice under subregulation (1) must state: (a) the grounds for the suspension or cancellation; and (b) for a suspension--when the suspension will cease to have effect; and (c) for a variation--the terms of the variation. (3) A cancellation, suspension or variation under this regulation takes effect when the holder of the authorisation is given the notice. (4) If an approval is suspended under this regulation, the approval is not in force during the period of the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.251 Authorisation of approved design organisations to carry out certification activities (1) If CASA receives an application for any of the following, CASA may authorise an approved design organisation to carry out a certification activity in relation to the application: (a) a type certificate; (b) approval of a change to a type design; (c) a supplemental type certificate; (ca) a variation of a supplemental type certificate; (d) approval of the design of a Class II or Class III product; (e) an APMA; (f) a modification/repair design approval; (g) an ATSO authorisation. (2) However, CASA may authorise the approved design organisation to carry out the certification activity only if: (a) the organisation is approved to carry out certification activities of that kind in relation to aircraft or aeronautical products of the kind to which the application relates; and (b) the applicant nominates the approved design organisation to carry out the certification activity; and (c) CASA is satisfied that the organisation is capable of determining accurately the matter to which the certification activity relates. (3) If CASA authorises the approved design organisation to carry out the certification activity, CASA must give written notice of the authorisation to the applicant and the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.253 Application for approval of change to scope of approval (1) If an approved design organisation proposes to make a change to either of the following, the organisation must apply to CASA for approval of the change: (a) the design activities that the organisation is approved to carry out; (b) the aircraft and aeronautical products in relation to which the organisation is approved to carry out those design activities. (2) The application must: (a) be in writing; and (b) state the proposed change; and (c) be accompanied by a copy of the part of the organisation's exposition and design assurance system manual affected by the proposed change, clearly identifying the proposed change. (3) Subject to regulation 11.055, CASA must approve the change if satisfied that the requirements mentioned in subregulation 21.243(5) will continue to be met. (4) If CASA approves the change, CASA is taken to have also approved the changes to the organisation's exposition and design assurance system manual covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.255 Application for approval of change to design assurance system (1) If an approved design organisation proposes to make a change to its design assurance system, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) state the proposed change; and (ba) be accompanied by a copy of the part of the organisation's design assurance system manual affected by the proposed change, clearly identifying the proposed change; and (c) if the proposed change requires a change to the organisation's exposition--be accompanied by a copy of the part of the exposition affected by the proposed change, clearly identifying the proposed change. (3) Subject to regulation 11.055, CASA must approve a change to a design assurance system if satisfied that the requirements mentioned in regulations 21.269 and 21.270 will continue to be met. (4) If CASA approves the change, CASA is taken to have also approved: (a) the change to the organisation's design assurance system manual covered by the application; and (b) the change to the organisation's exposition covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.256 Change to design assurance system manual at direction of CASA (1) CASA may, if satisfied that it is necessary in the interests of the safety of air navigation, direct an approved design organisation to make a specified change to its design assurance system manual within the time specified in the direction. (2) The organisation commits an offence if the organisation does not, within the specified time: (a) comply with the direction; and (b) if the change requires a change to the organisation's exposition: (i) update its exposition; and (ii) give CASA a copy of the updated part of the exposition. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.257 Application for approval of permanent appointment of new accountable manager or head of design (1) If an approved design organisation wishes to appoint an individual permanently as the organisation's accountable manager or head of design, the organisation must apply to CASA for approval of the appointment. (2) The application must: (a) be in writing; and (b) state the name of the proposed appointee and the position to which he or she is to be appointed; and (c) be accompanied by a copy of the part of the exposition affected by the proposed appointment, clearly identifying the changes relating to the proposed appointment. (3) Subject to regulation 11.055, CASA must approve the appointment if satisfied that the appointee has: (a) for an appointment of an accountable manager: (i) authority to carry out the responsibilities of the position; and (ii) an understanding of the responsibilities of the position; and (iii) the knowledge, qualifications and experience required by the organisation's exposition for the position; or (b) for an appointment of a head of design: (i) knowledge, qualifications and experience that are suitable for the position; and (ii) the knowledge, qualifications and experience required by the organisation's exposition for the position. (4) If CASA approves the change, CASA is taken to have also approved the change to the organisation's exposition covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.258 Permanent appointment of other key personnel--requirement to tell CASA (1) An approved design organisation commits an offence if: (a) the organisation permanently appoints an individual to a position mentioned in subparagraph 21.263(1)(c)(iii) or (iv); and (b) the organisation does not, within 7 days after the change, give CASA written notice of the change. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.259 Change to exposition by organisation (1) An approved design organisation commits an offence if: (a) the organisation undergoes a change that renders its exposition inaccurate; and (b) the change is not a change mentioned in regulation 21.253, 21.255, 21.256 or 21.257; and (c) the organisation does not, within 30 days after undergoing the change: (i) update its exposition; and (ii) give CASA written notice of the change and a copy of the updated part of the exposition. Penalty: 50 penalty units. (2) An approved design organisation commits an offence if: (a) the organisation makes a change to its exposition; and (b) the change is not a change mentioned in regulation 21.253, 21.255, 21.256, 21.257 or 21.261 or subregulation (1); and (c) the organisation does not, within 30 days after making the change, give CASA a copy of the changed part of the exposition. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.261 Change to exposition at direction of CASA (1) CASA may direct an approved design organisation to change its exposition within a time specified in the direction: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) However, CASA may issue a direction under this regulation only if satisfied that it is necessary to ensure that the exposition contains the information mentioned in regulation 21.263. (3) The organisation commits an offence if the organisation does not comply with the direction. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.263 Content of exposition (1) An exposition for an approved design organisation must contain the following: (a) the name of the organisation; (b) a detailed description of the matters mentioned in paragraph 21.241(2)(a); (c) the responsibilities of the following positions in the organisation: (i) accountable manager; (ii) head of design; (iii) each other managerial position; (iv) each position held by a person who carries out a design activity; (d) the qualifications, experience and knowledge required by the organisation for each position mentioned in paragraph (c); (e) the name of each individual holding a position mentioned in paragraph (c); (f) a description of how the organisation will manage the responsibilities of a position mentioned in paragraph (c) for any period during which the position is vacant or the occupant of the position is unable to carry out the responsibilities of the position; (g) if the organisation subcontracts a design activity, or part of a design activity, that it carries out--a description of the procedures that the organisation uses to manage the activities of the subcontractor; (h) if the organisation carries out a design activity, other than a certification activity, that relies on another design activity being carried out by another approved design organisation--a description of the procedures that the organisation uses to coordinate the design activities; (i) a description of the way the organisation will dispose of the documents and records mentioned in subregulation 21.277(2) if the organisation ceases to be an approved design organisation; (j) a description of the organisation's process for making changes to its exposition or design assurance system manual. (2) The qualifications, experience and knowledge mentioned in paragraph (1)(d) must meet the requirements prescribed by the Part 21 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.265 Compliance with exposition (1) An approved design organisation commits an offence if the organisation contravenes a provision of its exposition. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.267 Design assurance system An approved design organisation must have a design assurance system that meets the requirements of regulations 21.269 and 21.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.269 Requirements for design assurance system--general (1) The design assurance system must include policies and procedures for the conduct of design activities that the organisation is approved to carry out. (2) The design assurance system must enable the organisation to ensure that: (a) each design activity that the organisation carries out is controlled and managed in a way that ensures that the aircraft or aeronautical product in relation to which the activity is carried out complies with the applicable airworthiness standards for the aircraft or aeronautical product; and (b) no design activity that the organisation carries out introduces an unsafe feature or characteristic to an aircraft or aeronautical product to which the activity relates; and (c) each design activity that the organisation is approved to carry out is carried out in accordance with: (i) this Part; and (ii) the conditions of the organisation's approval. (3) The design assurance system must include procedures for: (a) independent monitoring of: (i) the adequacy of the design assurance system to enable the organisation to ensure the matters mentioned in subregulation (2); and (ii) compliance by the organisation and its subcontractors (if any) with the requirements of the design assurance system; and (b) providing feedback to the organisation's head of design. (4) The design assurance system must also include procedures for independent checking of each design activity the organisation carries out to ensure that: (a) each aircraft or aeronautical product to which the design activity relates complies with the applicable airworthiness requirements (if any) for the aircraft or aeronautical product; and (b) for an approval activity--carrying out the activity would not be likely to have an adverse effect on the safety of air navigation; and (c) for an experimental certificate activity--carrying out the activity would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water. (5) For subregulation (4), independent checking of a design activity must: (a) involve a comprehensive and systematic examination of the activity to evaluate the adequacy and accuracy of its assumptions, methodology, calculations and conclusions; and (b) be carried out by an individual who has the knowledge, experience and qualifications: (i) required by the organisation's exposition for individuals carrying out the design activity; or (ii) prescribed by the Part 21 Manual of Standards. (c) be thoroughly documented. (5A) The individual mentioned in paragraph (5)(b) must not be the individual who carried out the design activity for the organisation. (6) Subregulation (4) does not apply to an activity mentioned in paragraph (d) or (e) of the definition of experimental certificate activity in regulation 21.233. (7) Subregulation (4) does not apply in relation to a kind of design activity prescribed by the Part 21 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.270 Requirements for design assurance system--holders of other authorisations under Part 21 and licensees (1) If the organisation is also the holder of another authorisation (however described) under this Part, the design assurance system must include policies and procedures to enable the organisation to comply with its obligations under this Part as the holder of the other authorisation. Examples: The following are some other authorisations under this Part: (a) a type certificate; (b) a supplemental type certificate; (c) a production certificate; (d) an APMA; (e) a modification/repair design approval; (f) an approval mentioned in regulation 21.475; (g) an ATSO authorisation. (2) If the organisation is also the licensee of a type certificate or supplemental type certificate, the design assurance system must include policies and procedures to enable the organisation to comply with its obligations under this Part as the licensee of the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.271 Compliance with design assurance system manual (1) An approved design organisation commits an offence if the organisation contravenes a provision of its design assurance system manual. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.273 Audit of approved design organisation by CASA (1) CASA may audit an approved design organisation to determine its compliance with the conditions of its approval. (2) For the audit, CASA may, by written notice given to the organisation, direct the organisation to give CASA, within a time stated in the notice: (a) stated information and records demonstrating that the organisation has complied with the conditions of its approval; and (b) any other information and records stated in the notice that are relevant to the audit. (3) For the audit, CASA may, by written notice given to the organisation, direct the organisation to give CASA, at stated periods, reports on the conduct of design activities by the organisation. (4) The organisation commits an offence if the organisation does not comply with a direction under subregulation (2) or (3). Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.275 Inspections and observations (1) To determine whether the organisation is complying with the conditions of its approval, CASA may, by written notice given to the organisation, direct an approved design organisation to allow CASA: (a) to inspect the following: (i) facilities at which the organisation carries out design activities; (ii) equipment and tools used by the organisation in carrying out design activities; (iii) aircraft and aeronautical products in relation to which the organisation carries out design activities; or (b) to observe the organisation carrying out a design activity. (2) The organisation commits an offence if the organisation does not comply with the direction. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.277 Record keeping and production of records to CASA (1) An approved design organisation commits an offence if the organisation does not retain the documents and records mentioned in subregulation (2) until at least 12 months after the organisation's approval ceases to be in force. Penalty: 50 penalty units. (2) For subregulation (1), the documents and records are: (a) for each approval or certificate issued by the organisation--the technical data, documents and records relating to the issue of the approval or certificate; and (b) for each occasion on which the organisation provided advice under regulation 21.007A--the technical data, documents and records relating to the provision of the advice; and (c) a list identifying, by make, model and serial number, each aircraft or aeronautical product in relation to which the organisation has carried out a design activity; and (d) for each aircraft or aeronautical product in relation to which the organisation has carried out a design activity--a description of the nature of the activity. (3) Despite regulations 11.132, 21.002C and 21.249, if an approval is suspended under these Regulations, then, for subregulation (1), the approval is taken to remain in force during the period of suspension. (4) CASA may, by written notice given to the organisation, direct an approved design organisation to make the documents and records, or copies or extracts of them, available for inspection by CASA at a time and place stated in the notice. (5) The organisation commits an offence if the organisation does not comply with the direction. Penalty: 50 penalty units. (6) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.279 Directions to comply with specified procedures or instructions (1) CASA may, by written notice given to the organisation, direct an approved design organisation to comply with a stated procedure or instruction in carrying out a stated design activity. (2) The organisation commits an offence if the organisation does not comply with the direction. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.281 Investigation of potentially unsafe condition (1) If CASA becomes aware of a potentially unsafe condition in an aircraft or aeronautical product in relation to which an approved design organisation issued an approval or certificate, CASA may, by written notice given to the organisation, direct the organisation to give CASA stated assistance in investigating the condition. (2) The organisation commits an offence if the organisation does not comply with the direction. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.283 Requirement to provide employees and subcontractors with exposition and design assurance system manual (1) An approved design organisation commits an offence if: (a) an employee or subcontractor of the organisation carries out a design activity on behalf of the organisation; and (b) the organisation did not, before the employee or subcontractor began carrying out the design activity, make available to the employee or subcontractor the parts of: (i) the organisation's exposition; and (ii) the organisation's design assurance system manual; that relate to the carrying out of the design activity by the employee or subcontractor on behalf of the organisation. Penalty: 50 penalty units. (2) An approved design organisation commits an offence if: (a) an employee or subcontractor of the organisation carries out a design activity on behalf of the organisation; and (b) after the employee or subcontractor begins carrying out the design activity, the organisation updates, or makes a change to, a part of its exposition or design assurance system manual that relates to the carrying out of the design activity by the employee or subcontractor on behalf of the organisation; and (c) the organisation does not, before the completion of the design activity, make the changed or updated part available to the employee or subcontractor. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. Subpart 21.K --Approval of materials, parts, processes and appliances CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.301 Applicability This Subpart prescribes requirements for the approval of certain materials, parts, processes, and appliances. Source FARs section 21.301 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.303 Replacement and modification parts (1) A person commits an offence if: (a) the person produces a modification or replacement part for sale for installation on a type certificated aircraft, aircraft engine or propeller; and (b) the part is not produced in accordance with an APMA. Penalty: 50 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) This regulation does not apply to the following: (a) parts manufactured in the course of maintenance by a maintenance organisation having approval to manufacture the parts; (b) parts produced under a type certificate or production certificate; (c) parts manufactured by the owner or operator of an aircraft, aircraft engine or propeller manufactured by the owner or operator, for maintaining or altering the aircraft, aircraft engine or propeller; (d) parts produced under an ATSO authorisation; (e) standard parts. (2A) Any person is eligible to apply for an APMA. (3) An application for an APMA may be made to CASA and must include the following: (a) the identity of the aircraft, aircraft engine or propeller on which the part is to be installed; (b) the name and address of the manufacturing facilities at which the part is to be manufactured; (c) the design of the part, which consists of: (i) drawings and specifications necessary to show the configuration of the part; and (ii) information on dimensions, materials, and processes necessary to define the structural strength of the part; (d) test reports and computations necessary to show that the design of the part meets the airworthiness requirements of these Regulations applicable to the aircraft, aircraft engine or propeller on which the part is to be installed, unless the applicant shows that the design of the part is identical to the design of a part that is covered under a type certificate. If the design of the part was obtained by a licensing agreement, evidence of that agreement must be furnished; (e) subject to subregulation (3A), a copy of the system that the applicant proposes to use, if granted an APMA, to comply with the requirements of subregulation 21.303(11). (3A) An applicant is not required to include a copy of the system referred to in paragraph 21.303(3)(e) if the applicant has previously given CASA a copy of the same version of the system. (4) An applicant is entitled to an APMA for a replacement or modification part if CASA is satisfied that: (a) the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller on which the part is to be installed; and (b) the applicant would, if the APMA were to be granted, be able to comply with the requirements of subregulation (11). (4A) For paragraph (4)(a), CASA may satisfy itself that the design meets the applicable airworthiness requirements on the basis of any of the following: (a) an examination of the design; (b) the technical data for the design approved under regulation 21.009; (c) a certificate from an approved design organisation under subregulation (4C). (4B) Subregulation (4C) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller on which the part is to be installed. (4C) If the approved design organisation is satisfied that the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller, the organisation may give CASA a certificate to that effect. (5) An applicant for an APMA must allow CASA or a relevant approved design organisation to make any inspection or test necessary to determine compliance with the applicable regulations. (6) CASA is not required to consider an application unless the applicant has complied with paragraphs (8)(b), (c) and (d). (7) The applicant must ensure that no change is made to a part between the time compliance with paragraphs (8)(b), (c) and (d) is shown for that part and the time the part is presented to CASA or a relevant approved design organisation for inspection or test. (8) An applicant for an APMA must make all inspections and tests necessary to determine the following: (a) compliance with the applicable airworthiness requirements; (b) that materials conform to the specifications in the design; (c) that the part conforms to the drawings in the design; (d) that the fabrication processes, construction, and assembly conform to those specified in the design. (9) Subject to regulation 11.055, CASA must issue an APMA to an applicant for the APMA if the applicant: (a) is eligible, under this regulation, to apply for the APMA; and (b) applies for the APMA in accordance with this Subpart; and (c) is entitled, under this Subpart, to the APMA; and (d) otherwise complies with this Part. (10) CASA is not required to issue an APMA if the manufacturing facilities for the part are located outside Australian territory, unless the location of the manufacturing facilities places no undue burden on CASA in administering the applicable airworthiness requirements. (11) The holder of an APMA must establish and maintain a fabrication inspection system that ensures that each completed part conforms to the technical data for its design and is safe for installation on applicable type certificated aircraft, aircraft engines or propellers. The system must be documented and include procedures to ensure that: (a) incoming materials used in the finished part are as specified in the technical data; and (b) incoming materials are properly identified if their physical and chemical properties cannot otherwise be readily and accurately determined; and (c) materials subject to damage and deterioration are suitably stored and adequately protected; and (d) processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller are accomplished in accordance with acceptable specifications; and (e) parts in process are inspected for conformity with the technical data at points in production where their conformity can be accurately assessed; and (ea) if, for paragraph (e), statistical quality control procedures are used in relation to a part--a satisfactory level of quality will be maintained for the part; and (f) current design drawings are readily available to manufacturing and inspection personnel, and used when necessary; and (g) major changes to the basic design are adequately controlled and approved before being incorporated in the finished part; and (h) rejected materials and components are segregated and identified in such a manner as to preclude their use in the finished part; and (i) inspection records are maintained, identified with the completed part, where practicable, and retained in the holder's file for a period of at least 2 years after the part has been completed. (12) An APMA continues in force until cancelled. (13) The holder of an APMA must notify CASA in writing within 10 days from the date the manufacturing facility at which the parts are manufactured is relocated or expanded to include additional facilities at other locations. (13A) The holder of an APMA must, within 2 days after the day when any change is made to the holder's fabrication inspection system that may affect the inspection, conformation to technical data or airworthiness of a part to which the APMA relates, tell CASA in writing of the change. (14) The holder of an APMA must determine whether each completed part conforms to the technical data for its design and is safe for installation on type certificated aircraft, aircraft engines or propellers. (15) CASA may suspend or cancel an APMA, by written notice given to its holder, if the holder does not comply, or ceases to comply, with this Subpart. (16) Despite subregulation (12), an APMA is not in force during any period of suspension. (17) A notice under subregulation (15) must set out: (a) the grounds for the suspension or cancellation; and (b) in the case of a suspension--when the suspension stops having effect. Source FARs section 21.303 modified. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of APMAs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.304A Changes to an APMA (1) The holder of an APMA may apply in writing to CASA to approve a change to any of the particulars specified in the APMA, including a condition of the APMA. (2) CASA may, on receiving an application made under subregulation (1), approve the change. (3) In deciding whether to approve the change, CASA must take into account any relevant considerations relating to the interests of the safety of air navigation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.305 Approval of materials, parts, processes and appliances Whenever a material, part, process, or appliance is required to be approved under this Part, it may be approved: (a) under an APMA; or (b) under an ATSO authorisation or letter of ATSO design approval; or (c) in conjunction with type certification procedures for an aircraft, aircraft engine or propeller; or (d) under Subpart 21.N; or (da) in a manner prescribed by the Part 21 Manual of Standards; or (e) in any other manner approved by CASA. Source FARs section 21.305 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.305A Approval of materials, parts, processes and appliances not covered by regulation 21.305 (1) A person may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of any material, part, process or appliance that is not covered by regulation 21.305. (2) CASA, or the authorised person or relevant approved design organisation, must grant the approval if satisfied that: (a) doing so would be unlikely to have an adverse effect on aviation safety; and (b) the material, part, process or appliance meets the requirements prescribed by the Part 21 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.306 Use of standard parts and materials Standard parts (1) A standard part may be used in the manufacture of an aircraft, aircraft engine, propeller or appliance, or another part, if: (a) the standard part is required by: (i) the type design for the aircraft, aircraft engine or propeller; or (ii) the approved design for the appliance or other part; and (b) the standard part was supplied with a document that: (i) was issued under the law of a Contracting State; and (ii) contains a statement that identifies the standard part and the specification with which the standard part complies; and (c) the standard part has zero time in service. Note: For the definition of standard part, see Part 1 of the Dictionary. (2) For the purposes of determining whether a standard part complies with the specification identified in the document mentioned in paragraph (1)(b) for the standard part, CASA may: (a) direct the person who is using, or proposing to use, the standard part to give CASA: (i) any technical data for the type design for the aircraft, aircraft engine or propeller that relates to the standard part; or (ii) any technical data for the approved design for the appliance or other part that relates to the standard part; or (b) inspect the standard part to determine whether it complies with the specification. Materials (3) A material may be used in the manufacture of an aircraft, aircraft engine, propeller, part or appliance if: (a) the material is required by: (i) the type design for the aircraft, aircraft engine or propeller; or (ii) the approved design for the part or appliance; and (b) the material complies with an established industry or Australian specification; and (c) the material was supplied with a document that: (i) was issued under the law of a Contracting State; and (ii) contains a statement that identifies the material and the specification with which the material complies. (4) For the purposes of determining whether a material complies with the established industry or Australian specification identified in the document mentioned in paragraph (3)(c) for the material, CASA may: (a) direct the person who is using, or proposing to use, the material to give CASA: (i) any technical data for the type design for the aircraft, aircraft engine or propeller that relates to the material; or (ii) any technical data for the approved design for the part or appliance that relates to the material; or (b) inspect the material to determine whether it complies with the specification. Directions (5) A direction under paragraph (2)(a) or (4)(a) must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (6) If CASA gives a direction to a person under paragraph (2)(a) or (4)(a), the person must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (7) In this regulation: "approved design ", for a part or appliance, has the meaning given by subregulation 42.015(1). (8) An offence against subregulation (6) is an offence of strict liability. Subpart 21.L --Export airworthiness approvals CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.321 Applicability (1) This Subpart prescribes: (a) requirements for the issue of export airworthiness approvals; and (b) rules governing the holders of those approvals. (2) For these Regulations: (a) a Class I product is a complete aircraft, aircraft engine, or propeller, that: (i) has been type certificated in accordance with these Regulations and for which civil specifications or type certificate data sheets have been issued; or (ii) is identical to a type certificated product specified in subparagraph (i) in all respects except as is otherwise acceptable to the national aviation authority of the importing state; and (b) a Class II product is a major component of a Class I product (for example, wings, fuselages, empennage assemblies, landing gears, power transmissions and control surfaces), the failure of which would jeopardise the safety of a Class I product; or any part, material, or appliance, approved and manufactured under an ATSO in the "C" series; and (c) a Class III product is any part or component which is not a Class I or Class II product and includes standard parts (for example, those designated as AN, NAS or SAE); and (d) the word overhauled when used to describe a product means that the product has not been operated or placed in service, except for functional testing, since having been overhauled, inspected and approved for return to service in accordance with these Regulations. Source FARs section 21.321, modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.323 Eligibility Any person may obtain an export airworthiness approval for a Class I, Class II or Class III product. Source FARs section 21.323, modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.324 Issue of export airworthiness approvals Subject to regulation 11.055, CASA, or an authorised person, must issue an export airworthiness approval for a Class I, Class II or Class III product to an applicant for the approval if the applicant: (a) is eligible, under regulation 21.323, to obtain the approval; and (b) applies for the approval in accordance with this Subpart; and (c) is entitled, under this Subpart, to the approval; and (d) otherwise complies with this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.325 Export airworthiness approvals Kinds of approvals (1) Export airworthiness approval of Class I products is issued: (a) for an aircraft--in the form of an export certificate of airworthiness; or (b) for an aircraft engine or propeller--in the form of an authorised release certificate. (2) An export certificate of airworthiness does not authorise the operation of aircraft. (3) Export airworthiness approval of Class II and III products is issued in the form of an authorised release certificate. Products which may be approved (4) Export airworthiness approvals may be issued for the following: (a) new aircraft that are assembled and that have been flight-tested, except that export airworthiness approval may be issued for any of the following without assembly or flight-test: (i) a small aeroplane type certificated by reference to Part 23 and manufactured under a production certificate; (ii) a glider, powered sailplane or manned free balloon for which a type certificate of the kind mentioned in regulation 21.021 or 21.024 is issued under this Part and that is manufactured under a production certificate; (iii) a normal category rotorcraft type certificated by reference to Part 27 and manufactured under a production certificate; (b) used aircraft possessing a valid certificate of airworthiness, or other used Class I or Class II products that have been maintained in accordance with the applicable provisions of CAR or CASR. (4A) Authorised release certificates may be issued for any of the following that are manufactured and located in Australia: (a) Class I products other than aircraft; (b) Class II and III products. (5) Despite regulation 21.324, CASA is not required to issue an export airworthiness approval for used aircraft or used Class I products mentioned in paragraph (4)(b) that are located outside Australian territory, unless there is no undue burden on CASA in administering this regulation. Export airworthiness approval exceptions (6) If CASA or an authorised person issues an export airworthiness approval on the basis of a written statement by the importing state as provided for in paragraph 21.327(4)(d), CASA or the authorised person must list on the export airworthiness approval, as exceptions, the requirements that are not met and the differences in configuration, if any, between the product to be exported and the related type certificated product. Penalty: 50 penalty units. (7) An offence against subregulation (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.325, modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.327 Application (1) A person may apply, in writing, to CASA or an authorised person for an export airworthiness approval for a Class I, Class II or Class III product. (2) A manufacturer holding a production certificate may apply orally to CASA or an authorised person for export airworthiness approval of a Class II product approved under the manufacturer's production certificate. (3) A separate application must be made for: (a) each aircraft; and (b) each engine or propeller, except that one application may be made for more than one engine or propeller, if all are of the same type and model and are to be exported to the same purchaser and country; and (c) each type of Class II product, except that one application may be made for more than one type of Class II product when: (i) they are separated in the application and the type and model of the related Class I product is identified; and (ii) they are to be exported to the same purchaser and country. (4) Each application must be accompanied by a written statement from the importing country that will validate the export airworthiness approval if the product being exported is: (a) an aircraft manufactured outside Australian territory; or (b) an unassembled aircraft which has not been flight-tested; or (c) a product that does not meet the special requirement of the importing country; or (d) a product that does not meet a requirement specified in regulation 21.329, 21.331, or 21.333, as applicable, for the issue of an export airworthiness approval; or (e) a product for which the importing country does not require the weight and balance report mentioned in paragraph (6)(b). (5) The written statement must list any requirements mentioned in paragraph (4)(d) that are not met. (6) Each application for export airworthiness approval of a Class I product must include the following, as applicable: (a) a statement of conformity mentioned in subregulation 21.130(2) for each new product that has not been manufactured under a production certificate; (b) unless the importing country does not require it, a weight and balance report in accordance with subregulations (7), (8), (9) and (10), as applicable, with a loading schedule when applicable, for each aircraft in accordance with section 100.7 of the Civil Aviation Orders; (c) a maintenance manual for each new product when such a manual is required under these Regulations; (d) evidence of compliance with the applicable airworthiness directives, or a suitable notation if any airworthiness directives are not complied with; (e) when temporary installations are incorporated in an aircraft for the purpose of export delivery--a general description of the installations together with a statement that the installation will be removed and the aircraft restored to the approved configuration upon completion of the delivery flight; (f) historical records such as aircraft and engine log books, repair and alteration forms, for used aircraft and overhauled products; (g) for products intended for overseas shipment--a description of the methods used, if any, for the preservation and packaging of such products to protect them against corrosion and damage while in transit or storage. The description must also indicate the duration of the effectiveness of such methods; (h) the aircraft's flight manual required by the applicable airworthiness regulations for the particular aircraft; (i) a statement as to the date when title passed or is expected to pass to a foreign purchaser; (j) the data required by the special requirements of the importing country. Weight and balance reports (7) A weight and balance report for transport aircraft and commuter category aeroplanes must be based on an actual weighing of the aircraft within the period of 12 months preceding the application for the export airworthiness approval for the aircraft, but after any major repairs or alteration to the aircraft. (8) Any changes in equipment that are made after the actual weighing of the aircraft (except changes classes as major changes) may be accounted for on a "computed" basis and the report revised accordingly. (9) Manufacturers of new non-transport category aeroplanes, normal category rotorcraft or gliders may include computed weight and balance data in the report, instead of the results of an actual weighing of the aircraft, if fleet weight control procedures approved by CASA have been established for the aircraft. In this case, the following statement must be included in each report: "The weight and balance data shown in this report are computed on the basis of CASA's approved procedures for establishing fleet weight averages.". (10) A weight and balance report must include an equipment list showing weights and moment arms of all required and optional items of equipment that are included in the certificated empty weight. Source FARs section 21.327, modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.329 Issue of export airworthiness approvals for Class I products (1) An applicant is entitled to an export airworthiness approval for a Class I product if the applicant shows, at the time the application is made, that the product meets the requirements of subregulations (2) to (6) (inclusive), as applicable, except as provided in subregulation (7). (2) New and used aircraft must meet: (a) the airworthiness requirements for a standard certificate of airworthiness under regulation 21.183; or (b) the airworthiness certification requirements for a special certificate of airworthiness for an aircraft in the primary, intermediate or restricted category under regulation 21.184, 21.184A or 21.185 respectively. (3) For a used aircraft to which Part 42 applies, an airworthiness review certificate must be in force for the aircraft. (3A) For a used aircraft to which Part 42 does not apply, and that is of a particular type and model, the aircraft must have undergone a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR): (a) within 30 days before the date the application is made for an export airworthiness approval for the aircraft; and (b) that was conducted by: (i) a person who holds a certificate of approval that covers maintenance for that type and model of aircraft; or (ii) an approved maintenance organisation, within the meaning given by Part 3 of the Dictionary. (4) New engines and propellers must conform to the type design and must be in a condition for safe operation. (5) Used engines and propellers which are not being exported as part of a certificated aircraft must have been overhauled. (6) CASA or an authorised person must be satisfied that the special requirements of the importing country have been met. (7) A product need not meet a requirement mentioned in subregulation (2), (3), (4), (5) or (6) if the product is acceptable to the importing country and the importing country indicates that acceptability in accordance with paragraph 21.327(4)(d) and subregulation 21.327(5). Source FARs sections 21.329 and 337, modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.331 Issue of airworthiness approvals for Class II products (1) An applicant is entitled to an export airworthiness approval for a Class II product if that applicant shows, and CASA or an authorised person is satisfied, that the product: (a) is new or has been overhauled and conforms to the technical data for the design of the product; and (b) is in a condition for safe operation; and (c) is identified with at least the manufacturer's name, part number, model designation (if applicable), and serial number or equivalent; and (d) meets any special requirements of the importing country. (2) However, a product need not meet a requirement mentioned in subregulation (1) if the product is acceptable to the importing country and the importing country indicates that acceptability in accordance with paragraph 21.327(4)(d) and subregulation 21.327(5). Source FARs section 21.331 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.333 Issue of export airworthiness approvals for Class III products (1) An applicant is entitled to an export airworthiness approval for a Class III product if the applicant shows, and CASA or an authorised person is satisfied, that the product: (a) conforms to the technical data for the design of the Class I or Class II product of which it is a part; and (b) is in a condition for safe operation; and (c) meets any special requirements of the importing country. (2) However, a product need not meet a requirement mentioned in subregulation (1) if it is acceptable to the importing country and the importing country indicates that acceptability in accordance with paragraph 21.327(4)(d) and subregulation 21.327(5). Source FARs section 21.333 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.339 Export airworthiness approval for aircraft An applicant is entitled to an export certificate of airworthiness authorising the export of an aircraft to 2 or more foreign countries if: (a) the applicant gives CASA a statement to the effect that the aircraft is to be flown to each of these countries for the purpose of sale; and (b) a standard certificate of airworthiness or a special certificate of airworthiness is in force for the aircraft; and (c) the aircraft is inspected by CASA before leaving Australian territory and is found to comply with all the applicable requirements; and (d) a list of the foreign countries in which it is intended to conduct sales demonstrations, together with the expected dates and duration of such demonstration, is included in the application under regulation 21.327; and (e) for each country listed, the applicant: (i) has met that country's special requirements, except those requiring documents, information, and materials to be furnished; and (ii) has the documents, information, and materials necessary to meet the special requirements of that country; and (f) all other requirements for the issue of an export certificate of airworthiness for a Class I product are met. Source FARs section 21.33 modified. Subpart 21.M --Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.400 Purpose of Subpart This Subpart: (a) sets out the requirements for the issue of modification/repair design approvals; and (b) sets out the rules governing the holders of such approvals; and (c) sets out circumstances in which certain designs are taken to be approved; and (d) provides for approvals of certain designs to be granted in accordance with the Part 21 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.402 Definition of proposed airworthiness standards for Subpart 21.M In this Subpart: "proposed airworthiness standards", for a design for which a person has applied for a modification/repair design approval, means the airworthiness standards that are stated in the application to be the proposed airworthiness standards for the design. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.403 Definition of applicable airworthiness standards for Subpart 21.M (1) In this Subpart: "applicable airworthiness standards ", for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, has the meaning given in this regulation. (2) If, under regulation 21.414, CASA, an authorised person or a relevant approved design organisation makes a determination for the design, the applicable airworthiness standards for the design are the proposed airworthiness standards for the design and the additional standards mentioned in the determination. (3) If, under regulation 21.416, CASA makes a determination for the design, the applicable airworthiness standards for the design are the proposed airworthiness standards for the design other than the standards determined not to apply to the design. (4) If, under regulation 21.418, an authorised person or approved design organisation makes, and CASA agrees with, a determination for the design, the applicable airworthiness standards for the design are the proposed airworthiness standards for the design other than the standards determined not to apply to the design. (5) In any other case, the applicable airworthiness standards for the design are the proposed airworthiness standards for the design. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.405 Applications for modification/repair design approvals (1) A person may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for a modification/repair design approval for the design of a modification of, or a repair to: (a) an aircraft, aircraft engine, propeller or appliance; or (b) 2 or more aircraft, aircraft engines, propellers or appliances of the same type. (2) An application must include the following information: (a) the applicant's name and contact details; (b) the make, model and serial number of each aircraft, aircraft engine, propeller or appliance to which the design of the modification or repair relates; (c) if the design relates to a modification of, or repair to, one or more aircraft, the registration mark of each aircraft; (d) a description of the modification or repair; (e) the proposed airworthiness standards for the design; (f) an outline of the means for demonstrating compliance with the proposed airworthiness standards. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (3) For an application relating to the design of a modification of, or repair to, an aircraft, aircraft engine or propeller for which there is a type certificate, type acceptance certificate or foreign type certificate, the proposed airworthiness standards for the design must be: (a) both: (i) the airworthiness standards that applied to the issue of the certificate, or a specified later version of those standards; and (ii) any other standards the applicant considers to be directly related to those standards; or (b) the standards prescribed by the Part 21 Manual of Standards. (4) For an application relating to the design of a modification of, or repair to, an aircraft, aircraft engine or propeller not mentioned in subregulation (3), or an appliance, the proposed airworthiness standards for the design must be: (a) both: (i) the airworthiness standards that applied to the original certification (however described) of the aircraft, aircraft engine, propeller or appliance, or a specified later version of those standards; and (ii) any other standards the applicant considers to be directly related to those standards; or (b) the standards prescribed by the Part 21 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.410 Refusal to grant approval if design constitutes major change in type design CASA or the authorised person or approved design organisation may refuse to grant a modification/repair design approval for the design without further consideration if CASA or the authorised person or approved design organisation is satisfied that the design would constitute a major change in a type design. Note: A person may apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller--see Subpart 21.E. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.414 Determination of additional airworthiness standards--special conditions (1) This regulation applies if CASA or the authorised person or approved design organisation is not satisfied that the proposed airworthiness standards for the design provide an adequate safety standard for the design in a particular respect. Example: The modification or repair has a novel or unusual design feature. (2) CASA or the authorised person or approved design organisation may determine additional airworthiness standards for the design. Note: An additional airworthiness standard imposed in respect of a design is often called a 'special condition'. (3) The additional airworthiness standards must be appropriate to provide a level of safety for the aircraft, aircraft engine, propeller or appliance equivalent to the level of safety required by these Regulations for a comparable aircraft, aircraft engine, propeller or appliance. (4) CASA or the authorised person or approved design organisation must notify the applicant, in writing, of the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.416 Determination of non-application of airworthiness standards--application to CASA (1) This regulation applies to the design if: (a) the application is made to CASA; and (b) the design is for a modification of, or repair to: (i) an aircraft that is type certificated in the restricted category; or (ii) an aircraft mentioned in subregulation 21.185(3A); and (c) CASA is satisfied that a proposed airworthiness standard for the design is inappropriate for the purpose for which the aircraft is to be used. (2) CASA may determine that the airworthiness standard does not apply to the design. (3) CASA must give the applicant written notice of the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.418 Determination of non-application of airworthiness standards--application to authorised person or approved design organisation (1) This regulation applies to the design if: (a) the application is made to an authorised person or approved design organisation; and (b) the design is for a modification of or repair to: (i) an aircraft that is type certificated in the restricted category; or (ii) an aircraft mentioned in subregulation 21.185(3A); and (c) the authorised person or approved design organisation is satisfied that a proposed airworthiness standard for the design is inappropriate for the purpose for which the aircraft is to be used. (2) The authorised person or approved design organisation may determine that the airworthiness standard does not apply to the design. (3) The authorised person or approved design organisation must give CASA written notice of the determination. (4) CASA must: (a) decide whether or not CASA agrees with the determination; and (b) give the authorised person or approved design organisation written notice of its decision. (5) If CASA agrees with the determination, the authorised person or approved design organisation must give the applicant written notice of the determination and of CASA's agreement with the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.420 Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents (1) The applicant must: (a) show CASA or the authorised person or approved design organisation that the design complies with the applicable airworthiness standards for the design; and (b) give all of the technical data for the design to CASA or the authorised person or approved design organisation for approval under regulation 21.009; and (c) give CASA or the authorised person or approved design organisation a copy of any instructions for continued airworthiness in respect of the design that are necessary to ensure that the modified aircraft, aircraft engine, propeller or appliance remains safe throughout its lifetime. (2) If the design is for a modification of, or repair to, an aircraft and relates to a matter that is dealt with in the flight manual for the aircraft, the applicant must also give CASA or the authorised person or approved design organisation a copy of the operating instructions and limitations in respect of the design, in the form of: (a) an amendment to the flight manual; or (b) a flight manual supplement. (3) For paragraph (1)(a), an applicant is taken to have shown CASA that a design complies with the applicable airworthiness requirements for the design if an approved design organisation gives CASA a certificate under subregulation (5). (4) Subregulation (5) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design complies with the applicable airworthiness requirements. (5) If the approved design organisation is satisfied that the design complies with the applicable airworthiness requirements, the organisation may give CASA a certificate to that effect. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.425 Applicants to carry out necessary inspections and tests (1) For paragraph 21.420(1)(a), the applicant must carry out all inspections and tests necessary to show that the design complies with the applicable airworthiness standards for the design. (2) Before testing a prototype of a modification or repair, the applicant must: (a) establish the following for the prototype: (i) that the materials and processes used to produce the prototype conform to the specifications for the design; (ii) that all aeronautical products used in the prototype conform to the drawings in the design; (iii) that the manufacturing processes, construction and assembly of the prototype conform to the manufacturing processes, construction and assembly specified in the design; and (b) ensure that the accuracy of the equipment to be used for the test has been verified by a means that is traceable to: (i) a standard recommended by the manufacturer of the equipment; or (ii) a nationally or internationally recognised standard. Example: For subparagraph (b)(ii), of a standard that is nationally recognised A standard maintained by the National Measurement Institute--see http://www.measurement.gov.au. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.430 CASA, authorised person or approved design organisation may carry out or observe certain tests (1) For the purposes of considering an application, CASA or the authorised person or approved design organisation may, by written notice given to the applicant, require the applicant to allow CASA or the authorised person or approved design organisation to: (a) carry out an inspection or test specified in the notice; or (b) observe a test specified in the notice that the applicant carries out under regulation 21.425. (2) The applicant must: (a) allow CASA or the authorised person or approved design organisation to: (i) carry out an inspection or test specified in a notice under paragraph (1)(a); or (ii) observe a test specified in a notice under paragraph (1)(b); and (b) give CASA or the authorised person or approved design organisation written notice of when and where a test specified in a notice under paragraph (1)(b) will be carried out: (i) at least 10 business days before the test; or (ii) as agreed between the applicant and CASA or the authorised person or approved design organisation. (3) Before giving a notice under subregulation (2), the applicant must establish the matters required by subregulation 21.425(2). (4) The applicant must ensure that no change that would affect the validity of the test is made to the prototype of the modification or repair after the notice under subregulation (2) is given and before: (a) the test is carried out; or (b) the aircraft, aircraft engine, propeller or appliance is tested or presented to CASA or the authorised person or approved design organisation for testing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.435 Grant of modification/repair design approvals--grant by CASA (1) This regulation applies if an application for a modification/repair design approval is made to CASA. (2) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that: (a) the requirements mentioned in subregulation (4) are met; and (b) the design complies with the applicable airworthiness standards for the design. (2A) For paragraph (2)(b), CASA is taken to be satisfied that a design complies with the applicable airworthiness requirements for the design if an approved design organisation has given CASA a certificate to that effect under subregulation 21.420(5). (3) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that: (a) the requirements mentioned in subregulation (4) are met; and (b) the design does not comply with the applicable airworthiness standards for the design; but (c) for each standard with which the design does not comply--the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard. (4) For paragraphs (2)(a) and (3)(a), the requirements are that: (a) the applicant has complied with regulations 21.420 and 21.425; and (b) if CASA has given notice to the applicant under subregulation 21.430(1)--the applicant has complied with subregulations 21.430(2), (3) and (4); and (c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and (d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.436 Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety (1) This regulation applies if: (a) an application for a modification/repair design approval is made to an authorised person or approved design organisation; and (b) the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards. (2) If the authorised person or approved design organisation is approved to make an equivalent level of safety determination, the authorised person or approved design organisation must: (a) determine whether the non-compliance is compensated for by factors that provide an equivalent level of safety; or (b) apply to CASA for a determination under subregulation (6) of whether the non-compliance is compensated for by factors that provide an equivalent level of safety. (3) If the authorised person or approved design organisation determines that the non-compliance is compensated for by factors that provide an equivalent level of safety, the authorised person or approved design organisation must give CASA written notice of the following: (a) that the design does not comply with the standard; (b) that the non-compliance is compensated for by factors that provide an equivalent level of safety; (c) how the non-compliance is compensated for. (4) If CASA receives a notice under subregulation (3), CASA must: (a) decide whether or not CASA agrees with the determination; and (b) give the authorised person or approved design organisation written notice of its decision. (5) If the authorised person or approved design organisation is not approved to make an equivalent level of safety determination, the authorised person or approved design organisation must apply to CASA for a determination of whether the non-compliance is compensated for by factors that provide an equivalent level of safety. (6) If CASA receives an application under paragraph (2)(b) or subregulation (5), CASA must: (a) determine whether the non-compliance is compensated for by factors that provide an equivalent level of safety; and (b) give the authorised person or approved design organisation written notice of CASA's determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.437 Grant of modification/repair design approvals--grant by authorised person or approved design organisation (1) This regulation applies if an application for a modification/repair design approval is made to an authorised person or approved design organisation. (2) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if the authorised person or approved design organisation is satisfied that: (a) the requirements mentioned in subregulation (4) are met; and (b) the design complies with the applicable airworthiness standards for the design. (3) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if: (a) the authorised person or approved design organisation is satisfied that the requirements mentioned in subregulation (4) are met; and (b) the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards for the design; but (c) for each standard with which the authorised person or approved design organisation is not satisfied that the design complies: (i) the authorised person or approved design organisation has made, and CASA has agreed with, a determination under paragraph 21.436(2)(a) that the non-compliance is compensated for by factors that provide an equivalent level of safety; or (ii) CASA has made a determination under subregulation 21.436(6) that the non-compliance is compensated for by factors that provide an equivalent level of safety. (4) For paragraphs (2)(a) and (3)(a), the requirements are that: (a) the applicant has complied with regulations 21.420 and 21.425; and (b) if the authorised person or approved design organisation has given notice to the applicant under subregulation 21.430(1)--the applicant has complied with subregulations 21.430(2), (3) and (4); and (c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and (d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.440 Form of modification/repair design approvals If CASA or an authorised person or approved design organisation grants a modification/repair design approval, the document issued to the applicant under regulation 11.060 must: (a) set out: (i) what the approval is; and (ii) the name of the person to whom it is granted; and (b) describe or otherwise identify the modification or repair; and (c) specify, by reference to manufacturer, model and serial number, each aircraft, aircraft engine, propeller or appliance to which the design of the modification or repair relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.445 Variation of modification/repair design approvals (1) Regulations 21.405 to 21.440 apply to an application for a variation of a modification/repair design approval as if: (a) each reference in those regulations to an approval were a reference to a variation of an approval; and (b) each reference in those regulations to a design were a reference to a variation of a design. (2) However, the applicant is not required to give CASA or an authorised person or approved design organisation the technical data for the design or any other information that CASA or the authorised person or approved design organisation already holds unless the data or information already given: (a) is no longer correct; or (b) no longer describes the design. Note: For the definition of holder, see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.448 Approvals to which this Division applies This Division applies to: (a) modification/repair design approvals; and (b) approvals mentioned in regulation 21.475. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.450 Transfer of modification/repair design approvals and approvals granted in accordance with alternative method (1) The holder of an approval may transfer the approval to another person. (2) However, an approval may be transferred only with the written agreement of the transferee. (3) If an approval is transferred, the transferor must: (a) write the transferee's name on the document mentioned in regulation 21.440 (the approval document); and (b) give the transferee: (i) the approval document; and (ii) a copy of each document or record that the holder of the approval is required to keep under regulation 21.455. Penalty: 50 penalty units. (4) If an approval is transferred, the transferor must, within 1 month after the transfer, notify CASA, in accordance with subregulation (5), of the transfer. Penalty: 50 penalty units. (5) A notice under subregulation (4) must: (a) be in writing; and (b) identify the approval being transferred; and (c) state the name and address of the transferee; and (d) state the date of the transfer. (6) An offence against subregulation (3) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.455 Record keeping and making records available to CASA (1) The holder of an approval must keep documents and records about the design covered by the approval, including all technical data and test and inspection records, until: (a) the end of 12 months after the approval ceases to be in force, otherwise than by being suspended under these Regulations; or (b) the holder transfers the approval to another person; whichever occurs first. Penalty: 50 penalty units. (2) CASA may, by notice in writing, require the holder to make a document or record, or a copy or extract of a document or record, available for inspection by CASA within a time specified in the notice. (3) The holder must comply with the notice. Penalty: 50 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.460 Instructions for continued airworthiness and flight manual supplement to be made available (1) Subregulation (2) applies if the holder of an approval was required under paragraph 21.420(1)(c), or under the method in accordance with which it was granted, to provide instructions for continued airworthiness in respect of a design. (2) The holder must ensure that a copy of the current version of the instructions is available (electronically or otherwise) to any person who is required to comply with them. Penalty: 50 penalty units. (3) Subregulation (4) applies if the holder of an approval to which this Division applies was required under subregulation 21.420(2), or under the method in accordance with which it was granted, to provide: (a) an amendment to the flight manual for an aircraft; or (b) a flight manual supplement for an aircraft. (4) The holder must ensure that a copy of the current version of the amendment or supplement is available (electronically or otherwise) to the registered operator of the aircraft. Penalty: 50 penalty units. (5) An offence against subregulation (2) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.465 Modifications and repairs directed by CASA A design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance is taken to have been approved for the purpose of these Regulations if the design is contained in: (a) a direction issued in writing by CASA; or (b) an airworthiness directive. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.470 Foreign modification/repair designs A design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance is taken to have been approved for the purpose of these Regulations if the design is: (a) approved by the national aviation authority of a recognised country; or (b) for a design of a modification or repair that relates to an aircraft, aircraft engine or propeller designed in a recognised country--published or issued by the foreign type certificate holder of the aircraft, aircraft engine or propeller under a system approved by the national aviation authority of that country; or (c) for a design of a modification or repair that relates to an appliance designed in a recognised country--published or issued by the manufacturer of the appliance under a system approved by the national aviation authority of that country; or (d) accepted by CASA under an agreement (however described) regarding approvals of designs for modifications and repairs between: (i) CASA and the national aviation authority of a Contracting State; or (ii) Australia and a Contracting State. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.475 Part 21 Manual of Standards may prescribe alternative method of approval of modification and repair designs An approval of a design for the modification of, or a repair to, an aircraft, aircraft engine, propeller or appliance may be granted in accordance with a method prescribed by the Part 21 Manual of Standards. Subpart 21.N --Approval of engines, propellers, materials, parts and appliances: imported CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.500 Approval of imported aircraft engines and propellers (1) Each holder or licensee of an Australian type certificate for an aircraft engine or propeller manufactured in a recognised country, or in a foreign country with which Australia has an agreement for the acceptance of those products for export and import, must furnish with each such aircraft engine or propeller imported into Australian territory by the holder or licensee, an export airworthiness approval (however described) issued by the country of manufacture certifying that the individual aircraft engine or propeller: (a) conforms to its type certificate; and (b) is in a condition for safe operation; and (c) has been subjected by the manufacturer to a final operational check. (2) If these Regulations require an imported aircraft engine or propeller to be type certificated, it is taken to be type certificated under these Regulations if: (a) the aircraft engine or propeller: (i) is manufactured: (A) in a recognised country; or (B) under a manufacturing approval (however described) issued by the national aviation authority of a recognised country; or (C) in a foreign country with which Australia has an agreement for the acceptance of the aircraft engine or propeller for export and import; or (ii) forms part of a type design for which a type certificate or a type acceptance certificate is in force under these Regulations, or a certificate of type approval is in force under CAR; and (b) the aircraft engine or propeller conforms to a valid type certificate, is in a condition for safe operation and has been subjected to a final operational check by the manufacturer; and (c) an airworthiness approval (however described), issued under the law of the foreign country, is in force certifying the matters mentioned in paragraphs (a) and (b). (3) CASA may inspect an aircraft engine or propeller to which this regulation applies to determine whether it complies with this regulation. Source FARs section 21.500 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.500A Approval of other imported aircraft engines and propellers (1) A person may apply to CASA or a relevant approved design organisation, in writing, for approval of an imported aircraft engine, or propeller, that is not covered by regulation 21.500. (2) An applicant must, on request by CASA or the approved design organisation, give CASA or the approved design organisation any technical data for the design of the aircraft engine or propeller. (3) Subject to regulation 11.055, CASA or the approved design organisation must grant the approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.502 Approval of imported materials, parts and appliances (1) If these Regulations, or the Civil Aviation Orders, require an imported material, part or appliance to be approved, it is taken to be approved if: (a) the material, part or appliance: (i) is manufactured: (A) in a recognised country; or (B) under a manufacturing approval (however described) issued by the national aviation authority of a recognised country; or (C) in a foreign country with which Australia has an agreement for the acceptance of the material, part or appliance for export and import; or (ii) forms part of a type design for which a type certificate or a type acceptance certificate is in force under these Regulations, or a certificate of type approval is in force under CAR; and (b) the material, part or appliance conforms to an aeronautical specification appropriate to the proposed use, meets the requirements prescribed by the Part 21 Manual of Standards and is in a condition for safe operation; and (c) an airworthiness approval (however described), issued under the law of the foreign country, is in force certifying the matters mentioned in paragraphs (a) and (b). (2) CASA may inspect any material part or appliance to determine whether it complies with this regulation. Source FARs section 21.502 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.502A Approval of other imported materials, parts and appliances (1) A person may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of an imported material, part or appliance that is not covered by regulation 21.502. (2) An applicant must, on request by CASA or the authorised person or approved design organisation, give CASA or the authorised person or approved design organisation any technical data for the design of the material, part or appliance. (3) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must grant the approval if satisfied that the material, part or appliance meets the requirements prescribed by the Part 21 Manual of Standards. Subpart 21.O --Australian Technical Standard Order Authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.601 Applicability (1) This Subpart prescribes: (a) requirements for the issue of Australian Technical Standard Order (ATSO) authorisations; and (b) rules governing the holders of ATSO authorisations; and (c) requirements for the issue of a letter of ATSO design approval. (2) For the purpose of these Regulations: (a) an ATSO (short for Australian Technical Standard Order) is a minimum performance standard prescribed by the Part 21 Manual of Standards for specified articles used on civil aircraft; and (aa) an ETSO is a European Technical Standard Order issued by EASA; and (ab) a TSO is a Technical Standard Order issued by the FAA; and (b) an ATSO authorisation is: (i) a CASA design and production approval issued to the manufacturer of an article that has been found to meet a specific ATSO, ETSO or TSO; or (ii) a CASA production approval issued to the manufacturer of an article manufactured in accordance with an FAA letter of TSO design approval; and (c) a letter of ATSO design approval is a CASA design approval for a foreign-manufactured article which has been found to meet a specific ATSO in accordance with the procedures of regulation 21.617; and (ca) an FAA letter of TSO design approval is an FAA design approval for an article manufactured outside the United States that has been found to meet a specific TSO in accordance with the procedures of FARs section 21.617; and (d) an article manufactured under an ATSO authorisation or an appliance manufactured under a letter of ATSO design approval described in regulation 21.617 is an approved article or appliance for the purpose of meeting the provisions of these Regulations that require the article to be approved; and (e) an article manufacturer is the person who controls the design and quality of the article produced (or to be produced, in the case of an application), including the parts of them and any processes or services related to them that are procured from an outside source. (3) For the purpose of this Subpart, articles means materials, parts, processes, or appliances. (4) Despite subregulation 21.605(4), CASA is not required to issue an ATSO authorisation for an article if the manufacturing facilities for the article are located outside Australian territory, unless the location of the manufacturer's facilities places no undue burden on CASA in administering the applicable airworthiness requirements. Source FARs section 21.601 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.603 ATSO marking and privileges (1) Except as provided in subregulation 21.617(3), a person may identify an article with an ATSO marking only if: (a) the person holds an ATSO authorisation; and (b) the article meets applicable ATSO, ETSO or TSO performance standards. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.603 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.605 Application and issue (1) An article manufacturer may apply to CASA for an ATSO authorisation for the article. (2) An application must be accompanied by the following documents: (a) a statement of conformance certifying that the applicant has met the requirements of this Subpart and that the article concerned meets the applicable ATSO, ETSO or TSO that is effective on the date of application for that article; (b) one copy of the technical data required in the applicable ATSO, ETSO or TSO; (c) a description of the applicant's quality system in the detail specified in regulations 21.143 and 21.144. In complying with this regulation, the applicant may refer to current quality system data filed with CASA as part of a previous ATSO authorisation application. (3) When a series of minor changes in accordance with regulation 21.611 is anticipated, the applicant must set forth in the application the basic model number of the article and the part number of the components with open brackets after it to denote that suffix change letters or numbers (or combinations of them) will be added from time to time. (4) Subject to regulation 11.055, CASA must issue an ATSO authorisation for the article if CASA is satisfied that: (a) the design of the article complies with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609; and (b) the applicant has established, and can maintain, a quality system to ensure that each article manufactured under the authorisation will comply with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609. (5) For paragraph (4)(a), CASA may satisfy itself that the design of the article complies with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609, on the basis of any of the following: (a) an examination of the design; (b) the technical data for the design approved under regulation 21.009; (c) a certificate from an approved design organisation under subregulation (7). (6) Subregulation (7) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design of the article complies with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609. (7) If the approved design organisation is satisfied that the design of the article complies with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609, the organisation may give CASA a certificate to that effect. Source FARs section 21.605 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.607 General rules governing holders of ATSO authorisations (1) An article manufacturer to whom an ATSO authorisation for the article has been issued must ensure that: (a) the article is manufactured in accordance with this Part and the applicable ATSO, ETSO or TSO (including any deviations approved under subregulation 21.609(3)); and (b) all tests and inspections required under these Regulations, or the applicable ATSO, ETSO or TSO, are conducted, and a quality system is established and maintained that: (i) is adequate to ensure that the article meets the requirements of paragraph (a) and is in a condition for safe operation; and (ii) meets the requirements prescribed by the Part 21 Manual of Standards; and (c) the article is permanently and legibly marked with the following information: (i) the name and address of the manufacturer; (ii) the name, type, part number, or model designation of the article; (iii) the serial number or the date of manufacture of the article or both; (iv) unless subparagraph (v) applies, the applicable ATSO, ETSO or TSO number with the prefix 'ATSO'; (v) if the article was manufactured in accordance with an FAA letter of TSO design approval, the applicable TSO number with the prefix 'TSO'. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.607 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.609 Approval for deviation (1) An article manufacturer who requests approval to deviate from any performance standard of an ATSO, ETSO or TSO must show that the standards from which a deviation is requested are compensated for by factors or design features providing an equivalent level of safety. (2) The request for approval to deviate, together with all pertinent data, must be submitted to CASA. If the article is manufactured in another country, the request for approval to deviate, together with all pertinent data, must be submitted to CASA through the national aviation authority of that country. (3) Subject to regulation 11.055, CASA must grant the approval. Source FARs section 21.609 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.611 Design changes Minor changes by the manufacturer holding an ATSO authorisation (1) An article manufacturer manufacturing an article under an ATSO authorisation may make minor design changes (any change other than a major change) without further approval by CASA. In this case, the changed article keeps the original model number (part numbers may be used to identify minor changes). (2) The manufacturer must forward to CASA any revised data that are necessary for compliance with subregulation 21.605(3). Penalty: 25 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Major changes by manufacturer holding an ATSO authorisation (3) Any design change by the manufacturer that is extensive enough to require a substantially complete investigation to determine compliance with an ATSO, ETSO or TSO is a major change. Before making such a change, the manufacturer must assign a new type or model designation to the article and apply for an ATSO authorisation under regulation 21.605. Who may apply for approval of change (4) A person may apply for approval for a change to the design of an article under this Subpart only if the person: (a) is the manufacturer that submitted the statement of conformance for the article; or (b) has applied for an ATSO authorisation for the article. Note: A person may apply to CASA, an authorised person or an approved design organisation, in writing, for a modification/repair design approval for the design of a modification of, or a repair to, an appliance: see Subpart 21.M. Source FARs section 21.611 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.613 Record keeping requirements Keeping the records (1) An article manufacturer holding an ATSO authorisation must, for each article manufactured under that authorisation, keep the following records at its factory: (a) a complete and current technical data file for each type or model article, including design drawings and specifications; (b) complete and current inspection records showing that all inspections and tests required to ensure compliance with this part have been properly completed and documented. Retention of records (2) The manufacturer must retain the records mentioned in paragraph (1)(a) until it no longer manufactures the article. Penalty: 50 penalty units. (3) If the manufacturer stops manufacturing the article, the manufacturer must send copies of the records mentioned in paragraph (1)(a) to CASA within 30 days after ceasing that manufacture. Penalty: 50 penalty units. (4) The manufacturer must retain the records mentioned in paragraph (1)(b) for at least 2 years. Penalty: 50 penalty units. (5) An offence against subregulation (2), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Source FARs section 21.613 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.615 CASA inspection (1) Upon the request of CASA, an article manufacturer manufacturing an article under an ATSO authorisation must allow CASA to: (a) inspect any article manufactured under that authorisation; and (b) inspect the manufacturer's quality system; and (c) witness any tests; and (d) inspect the manufacturing facilities; and (e) inspect the technical data files on that article. (2) If the manufacturer does not comply with a request under subregulation (1), the ATSO authorisation is suspended until the request is complied with. Source FARs section 21.615 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.617 Issue of letters of ATSO design approval: import appliances (1) A letter of ATSO design approval may be issued for an appliance that is manufactured in a foreign country with which Australia has an agreement for the acceptance of these appliances for export and import and that is to be imported into Australian territory, if: (a) the national aviation authority of the country in which the appliance was manufactured certifies that the appliance has been examined, tested, and found to meet the applicable ATSO approved under an ATSO authorisation, or letter of ATSO design approval, under paragraph 21.305(b) or the applicable performance standards of the country in which the appliance was manufactured and any other performance standards CASA prescribes to provide a level of safety equivalent to that provided by the ATSO approved under an ATSO authorisation, or letter of ATSO design approval, under paragraph 21.305(b); and (b) the article manufacturer has submitted to CASA one copy of the technical data required in the applicable performance standard through the national aviation authority of the country in which the appliance was manufactured. (2) The letter of ATSO design approval will be issued by CASA and must list any deviation granted to the manufacturer under regulation 21.609. (3) After CASA has issued a letter of ATSO design approval and an airworthiness approval mentioned in paragraph 21.502(1)(c) has been issued, the manufacturer is authorised to identify the appliance with the ATSO marking requirements described in paragraph 21.607(c) and in the applicable ATSO. Each appliance must be accompanied by an airworthiness approval mentioned in paragraph 21.502(1)(c). Source FARs section 21.617 modified. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.619 Non-compliance CASA may suspend or cancel the ATSO authorisation or letter of ATSO design approval of any article manufacturer who identifies with an ATSO marking an article not meeting the performance standards of the applicable ATSO, ETSO or TSO (including any deviations approved under subregulation 21.609(3)). Source FARs section 21.619 modified. Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of ATSO authorisations or letters of ATSO design approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.621 Duration (1) An ATSO authorisation or letter of ATSO design approval continues in force until surrendered or cancelled. (2) However, an ATSO authorisation or a letter of ATSO design approval is not in force during any period of suspension. Source FARs section 21.621 modified. Subpart 21.Q --Identification of aircraft and aeronautical products CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.805 Applicability of this Subpart This Subpart applies to an aircraft, aircraft engine, aircraft propeller, critical part or other aircraft part manufactured after this Subpart commences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.810 Meaning of fireproof (1) A reference in this Subpart to a fireproof manufacturer's data plate is a reference to a data plate that: (a) is made of material that withstands the heat of a fire at least as well as a steel plate of the same size and thickness; and (b) on which the details that it is required to bear are legibly marked by a fireproof method. (2) In this Subpart: "fireproof method " of marking means marking by: (a) etching, stamping or engraving; or (b) another similar method of marking approved for a particular purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.815 Applicability of this Division This Division applies to an aircraft (or an aircraft engine or aircraft propeller) manufactured after this Subpart commences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.820 Manufacturer's data plate must be attached to aircraft (1) This regulation sets out the requirements for attaching a manufacturer's data plate to an aircraft to which this Division applies. (2) The manufacturer of an aircraft to which this Division applies must attach to it, as set out in subregulations (3) and (4), a fireproof manufacturer's data plate bearing the following information: (a) the name of the manufacturer; (b) the identification number of the aircraft's type certificate (if any); (c) the identification number of the production certificate (if any) under which the aircraft is manufactured; (d) the aircraft's model designation; (e) the aircraft's serial number. Penalty: 20 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The data plate must be attached in a way that ensures that it is not likely to be defaced or removed during normal service, nor lost or destroyed in an accident. (4) The data plate must be attached: (a) to a manned free balloon--to the lower section of the balloon's envelope in a place where the operator can read it when the balloon is inflated; or (b) to a glider--in a visible place inside the cockpit; or (c) to any other aircraft--in a place where it is clearly legible: (i) on the frame of the aircraft's rearmost entrance; or (ii) near, but aft of, the aircraft's rearmost entrance; or (iii) on the aircraft's fuselage near its tail. Note: For the definition of aircraft see section 3 of the Act. For the definitions of identification number, manned free balloon, production certificate and type certificate see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.825 Manufacturer's data plate must be attached to basket of manned free balloon (1) This regulation sets out an additional requirement for attaching a manufacturer's data plate to the basket of a manned free balloon to which this Division applies. (2) This regulation applies to the holder of the type certificate or production certificate under which such a balloon is manufactured. (3) The holder of the type certificate must attach to the basket of the balloon, as set out in subregulation (4), a heat-resistant metal plate on which the following information is legibly marked by a fireproof method: (a) the name of the manufacturer; (d) the basket's part number; (e) the basket's serial number. Penalty: 20 penalty units. (3A) An offence against subregulation (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) The manufacturer's data plate must be attached to the basket in a way that ensures that the plate is not likely to be defaced or removed during normal service, nor to be lost or destroyed in an accident. Note: For the definitions of manned free balloon, production certificate and type certificate see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.830 Heater assembly of manned free balloon must carry identification mark (1) This regulation applies to a manned free balloon to which this Division applies that has a heater assembly. (2) The holder of the type certificate or production certificate under which the balloon is manufactured must, as set out in subregulation (3), also mark on the heater assembly, by a fireproof method, the information mentioned in subregulation (4). Penalty: 20 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The information must be marked in a way that ensures that it is not likely to be defaced. (4) The information is: (a) the name of the heater's manufacturer; and (b) its part number; and (c) its serial number. Note: For the definitions of manned free balloon, production certificate and type certificate see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.835 Manufacturer's data plate must be attached to aircraft engine (1) This regulation sets out the requirements for attaching a manufacturer's data plate to an aircraft engine to which this Division applies. (2) This regulation applies to the holder of the type certificate or production certificate under which such an aircraft engine is manufactured. (3) The holder of the type certificate or production certificate must attach to the engine, as set out in subregulation (4), a fireproof manufacturer's data plate bearing the following information: (a) the manufacturer's name; (b) the identification number of the engine's type certificate (if any); (c) the identification number of the production certificate (if any) under which the engine is manufactured; (d) the engine's model designation; (e) its serial number; (f) if its rating is stated in its type certificate, that rating. Penalty: 20 penalty units. (3A) An offence against subregulation (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) The data plate must be attached to the engine: (a) in a place where somebody carrying out maintenance on the engine can read it; and (b) in a way that ensures that the plate is not likely to be defaced or become detached from the engine during normal service, nor to be lost or destroyed in an accident. Note: For the definitions of identification number, production certificate and type certificate see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.840 Aircraft propellers, blades and hubs must carry identification marks (1) This regulation sets out the requirements to mark information on, or attach a manufacturer's data plate to, an aircraft propeller, propeller blade or propeller hub to which this Division applies. (2) The holder of the type certificate or production certificate under which such a propeller, blade or hub is manufactured must: (a) legibly mark on it by a fireproof method, as set out in subregulation (3), the information mentioned in subregulation (5); or (b) attach to it, as set out in subregulation (4), a manufacturer's data plate on which that information is legibly marked by a fireproof method. Penalty: 20 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) If information is marked on a propeller, blade or hub, it must be marked in a way that ensures that it is not likely to be defaced. (4) If a manufacturer's data plate is attached to a propeller, blade or hub, the plate must be attached to a non-critical surface in a way that ensures that the plate is not likely to be defaced or become detached during normal service, nor lost in an accident. (5) The information is: (a) the manufacturer's name; and (b) the identification number of the type certificate (if any) of the propeller; and (c) the identification number of the production certificate (if any) under which the propeller is manufactured; and (d) the model designation of the propeller, blade or hub; and (e) its serial number. Note: For the definitions of identification number, production certificate and type certificate see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.845 Applicability of this Division This Division applies to a critical part manufactured on or after 1 October 2000. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.850 Identification of critical parts (1) This regulation applies to a person who manufactures, in Australia, a critical part to which this Division applies. (2) The person must legibly and permanently mark on the part, as set out in subregulation (3), the following information: (a) the part's part number; (b) its serial number. Penalty: 20 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The information must be marked in a way that ensures that it is not likely to be defaced. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.855 Removal or alteration of identification on critical parts (1) Except with CASA's written approval, a person must not engage in conduct that results in the removal or alteration of any of the information marked, in accordance with this Division, on a critical part to which this Division applies. Penalty: 20 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) CASA must not grant an approval under subregulation (1) if the granting of the approval would adversely affect the safety of air navigation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.860 Applicability of this Division This Division applies to: (a) an aircraft part produced under an APMA, on or after 1 October 2000; and (b) a modification or replacement part referred to in paragraph 21.303(2)(a) or (c) and produced after 30 November 2003; and (c) a Class II or Class III product produced under a production certificate that is referred to in regulation 21.133(2A) or (2B). Note: For the definition of APMA see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.865 Identification of parts produced under an APMA (1) Subregulation (2) applies to the holder of the APMA under which a part to which this Division applies is manufactured. (2) Subject to regulation 21.870, the holder of the APMA must legibly and permanently mark on the part, as set out in subregulation (3), the information required by subregulation (4). Penalty: 20 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The information must be marked in a way that ensures that it is not likely to be defaced. (4) The information is: (a) the capital letters APMA; and (b) the trade mark, name or symbol of the holder; and (c) the part's part number; and (d) the part's serial number (if any); and (e) the name and model designation of each type certificated product to which the part may be fitted. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.870 Identification of parts produced under an APMA if marking is impracticable (1) Subregulation (2) applies to a part to which this Division applies if CASA and the holder of the APMA under which the part is manufactured agree that it is impracticable to mark on it the information required by subregulation 21.865(4). (2) If this subregulation applies to a part, the holder of the APMA need not comply with regulation 21.865. (3) The holder of the APMA must include the information in the authorised release certificate supplied with the part or with each container of the parts. Penalty: 20 penalty units. (3A) An offence against subregulation (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) If CASA and the holder agree that it is impracticable to provide the information mentioned in paragraph 21.865(4)(e) in the authorised release certificate that is supplied with the part, or with each container of the parts, the holder is not guilty of an offence under subregulation (3) if: (a) the information is included in a document that is published by the holder and available to any person who fits the part to an aircraft; and (b) the authorised release certificate identifies the document. Note: For the definition of authorised release certificate, see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.875 Identification of other aircraft parts (1) Subject to regulation 21.880, the manufacturer of a part or product mentioned in paragraphs 21.860(b) or (c) must legibly and permanently mark on each of those parts or products produced, as set out in subregulation (3), the following information: (a) the trade mark of or name of the manufacturer; (b) the part number of the part or product. Penalty: 20 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The information must be marked in a way that ensures that it is not likely to be defaced. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.880 Identification of other aircraft parts--other than by marking (1) Subregulation (2) applies to a part or product to which regulation 21.875 applies if, because of the shape, size or nature of the part or product, it is impracticable to mark on the part or product the information required by regulation 21.875. (2) If this subregulation applies to a part or product, the manufacturer of the part or product need not comply with regulation 21.875. (3) The manufacturer of a Class II or Class III product referred to in paragraph 21.860(c) must include the information required by paragraphs 21.875(1)(a) and (b) in the authorised release certificate supplied with the product or the container of the product. Table of contents 22.001 Airworthiness standards 22.002 Incidental provisions 22.003 Changes to EASA CS-22 22.004 Approvals under EASA CS-22 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 22.001 Airworthiness standards For these Regulations, the airworthiness standards for a sailplane or powered sailplane are the airworthiness standards set out in EASA CS-22, as in force from time to time, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 22.002 Incidental provisions For these Regulations, the incidental provisions of EASA CS-22, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 22.003 Changes to EASA CS-22 For this Part, a reference in EASA CS-22 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 22.004 Approvals under EASA CS-22 For the application of EASA CS-22 under this Part: (a) an approval (however described) mentioned in EASA CS-22 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-22 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-22, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Note: Regulation 202.060 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009. Table of contents 23.001 Airworthiness standards 23.002 Incidental provisions 23.003 Changes to Part 23 of the FARs 23.004 Changes to EASA CS-VLA 23.005 Changes to EASA CS-23 23.006 Approvals under Part 23 of the FARs 23.007 Approvals under EASA CS-VLA 23.008 Approvals under EASA CS-23 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the normal category, utility category, acrobatic category or commuter category are as follows: (a) the airworthiness standards set out in Part 23 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-VLA, as in force from time to time, with the changes provided under this Part; (c) the airworthiness standards set out in EASA CS-23, as in force from time to time, with the changes provided under this Part. (2) An aeroplane in the normal category, utility category, acrobatic category or commuter category meets the airworthiness standards for these Regulations if the aeroplane meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b); or (c) the standards mentioned in paragraph (1)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 23 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-VLA, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part; and (c) the incidental provisions of EASA CS-23, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.003 Changes to Part 23 of the FARs (1) For this Part, a reference in Part 23 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 23 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.004 Changes to EASA CS-VLA For this Part, a reference in EASA CS-VLA to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.005 Changes to EASA CS-23 For this Part, a reference in EASA CS-23 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.006 Approvals under Part 23 of the FARs For the application of Part 23 of the FARs under this Part: (a) an approval (however described) mentioned in Part 23 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.007 Approvals under EASA CS-VLA For the application of EASA CS-VLA under this Part: (a) an approval (however described) mentioned in EASA CS-VLA may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-VLA is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-VLA, as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 23.008 Approvals under EASA CS-23 For the application of EASA CS-23 under this Part: (a) an approval (however described) mentioned in EASA CS-23 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-23 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-23, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Note: Regulation 202.070 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009. Table of contents Subpart 25.A --General 25.001 Airworthiness standards 25.002 Incidental provisions Subpart 25.B --Changes to FARs and EASA CS-25 25.003 Changes to Part 25 of the FARs 25.004 Changes to EASA CS-25 25.005 Approvals under Part 25 of the FARs 25.006 Approvals under EASA CS-25 Subpart 25.C --Airworthiness standards directed by ICAO 25.011 What this Subpart does 25.013 Least-risk bomb location Subpart 25.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the transport category are as follows: (a) the airworthiness standards set out in Part 25 of the FARs, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C; (b) the airworthiness standards set out in EASA CS-25, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C. (2) An aeroplane in the transport category meets the airworthiness standards for these Regulations if the aeroplane meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 25 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-25, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. Subpart 25.B --Changes to FARs and EASA CS-25 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.003 Changes to Part 25 of the FARs (1) For this Part, a reference in Part 25 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 25 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.004 Changes to EASA CS-25 For this Part, a reference in EASA CS-25 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.005 Approvals under Part 25 of the FARs For the application of Part 25 of the FARs under this Part: (a) an approval (however described) mentioned in Part 25 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.006 Approvals under EASA CS-25 For the application of EASA CS-25 under this Part: (a) an approval (however described) mentioned in EASA CS-25 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-25 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-25, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Note: Regulation 202.090 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009. Subpart 25.C --Airworthiness standards directed by ICAO CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.011 What this Subpart does This Subpart sets out airworthiness standards giving effect to the International Civil Aviation Organization's policy of protection of an aeroplane and its occupants. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 25.013 Least-risk bomb location (1) For this regulation, a least-risk bomb location is a location on an aeroplane where an explosive device can be placed to minimise the effects on the aeroplane if the device detonates. (2) A least-risk bomb location on an aeroplane must be specified in the flight manual. Table of contents 26.001 Airworthiness standards 26.002 Incidental provisions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 26.001 Airworthiness standards The airworthiness standards for an aircraft in the primary category or intermediate category are so much of the airworthiness standards set out in Parts 22, 23, 27, 32, 33 and 35 as apply to an aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 26.002 Incidental provisions For these Regulations, the incidental provisions of an instrument mentioned in Part 22, 23, 27, 32, 33 or 35 apply to the operation of the airworthiness standards in that instrument. Table of contents 27.001 Airworthiness standards 27.002 Incidental provisions 27.003 Changes to Part 27 of the FARs 27.003A Changes to EASA CS-27 27.004 Approvals under Part 27 of the FARs 27.005 Approvals under EASA CS-27 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the normal category are as follows: (a) the airworthiness standards set out in Part 27 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-27, as in force from time to time, with the changes provided under this Part. (2) A rotorcraft in the normal category meets the airworthiness standards for these Regulations if the aircraft meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 27 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-27, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.003 Changes to Part 27 of the FARs (1) For this Part, a reference in Part 27 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 27 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.003A Changes to EASA CS-27 For this Part, a reference in EASA CS-27 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.004 Approvals under Part 27 of the FARs For the application of Part 27 of the FARs under this Part: (a) an approval (however described) mentioned in Part 27 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 27.005 Approvals under EASA CS-27 For the application of EASA CS-27 under this Part: (a) an approval (however described) mentioned in EASA CS-27 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-27 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-27, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Table of contents 29.001 Airworthiness standards 29.002 Incidental provisions 29.003 Changes to Part 29 of the FARs 29.003A Changes to EASA CS-29 29.004 Approvals under Part 29 of the FARs 29.005 Approvals under EASA CS-29 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the transport category are as follows: (a) the airworthiness standards set out in Part 29 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-29, as in force from time to time, with the changes provided under this Part. (2) A rotorcraft in the transport category meets the airworthiness standards for these Regulations if the aircraft meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 29 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-29, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.003 Changes to Part 29 of the FARs (1) For this Part, a reference in Part 29 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 29 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.003A Changes to EASA CS-29 For this Part, a reference in EASA CS-29 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.004 Approvals under Part 29 of the FARs For the application of Part 29 of the FARs under this Part: (a) an approval (however described) mentioned in Part 29 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 29.005 Approvals under EASA CS-29 For the application of EASA CS-29 under this Part: (a) an approval (however described) mentioned in EASA CS-29 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-29 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-29, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Table of contents 31.001 Airworthiness standards 31.002 Incidental provisions 31.003 Changes to Part 31 of the FARs 31.004 Changes to EASA CS-31HB 31.005 Changes to EASA CS-31GB 31.006 Approvals under Part 31 of the FARs 31.007 Approvals under EASA CS-31HB 31.008 Approvals under EASA CS-31GB CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for a manned free balloon are as follows: (a) the airworthiness standards set out in Part 31 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-31HB, as in force from time to time, with the changes provided under this Part; (c) the airworthiness standards set out in EASA CS-31GB, as in force from time to time, with the changes provided under this Part. (2) A manned free balloon meets the airworthiness standards for these Regulations if the balloon meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b); or (c) the standards mentioned in paragraph (1)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 31 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-31HB, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part; and (c) the incidental provisions of EASA CS-31GB, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.003 Changes to Part 31 of the FARs For this Part, a reference in Part 31 of the FARs to the FAA or to the Administrator is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.004 Changes to EASA CS-31HB For this Part, a reference in EASA CS-31HB to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.005 Changes to EASA CS-31GB For this Part, a reference in EASA CS-31GB to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.006 Approvals under Part 31 of the FARs For the application of Part 31 of the FARs under this Part: (a) an approval (however described) mentioned in Part 31 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for the FAA or the Administrator under Part 31 of the FARs is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under Part 31 of the FARs, as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.007 Approvals under EASA CS-31HB For the application of EASA CS-31HB under this Part: (a) an approval (however described) mentioned in EASA CS-31HB may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-31HB is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-31HB, as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 31.008 Approvals under EASA CS-31GB For the application of EASA CS-31GB under this Part: (a) an approval (however described) mentioned in EASA CS-31GB may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-31GB is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-31GB, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Table of contents 32.001 Airworthiness standards 32.002 Incidental provisions 32.003 Changes to EASA CS-22 32.004 Approvals under EASA CS-22 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 32.001 Airworthiness standards For these Regulations, the airworthiness standards for an aircraft engine for use in a very light aeroplane are the airworthiness standards set out in EASA CS-22, as in force from time to time, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 32.002 Incidental provisions For these Regulations, the incidental provisions of EASA CS-22, as in force from time to time, apply to the operation of the airworthiness standards in that Subpart, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 32.003 Changes to EASA CS-22 For this Part, a reference in EASA CS-22 to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 32.004 Approvals under EASA CS-22 For the application of EASA CS-22 under this Part: (a) an approval (however described) mentioned in EASA CS-22 may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-22 is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-22, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Note: Regulation 202.140 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009. Table of contents 33.001 Airworthiness standards 33.002 Incidental provisions 33.003 Changes to Part 33 of the FARs 33.003A Changes to EASA CS-E 33.004 Approvals under Part 33 of the FARs 33.005 Approvals under EASA CS-E CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft engine, other than an aircraft engine for use in a very light aeroplane, are as follows: (a) the airworthiness standards set out in Part 33 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-E, as in force from time to time, with the changes provided under this Part. (2) An aircraft engine, other than an aircraft engine for use in a very light aeroplane, meets the airworthiness standards for these Regulations if the engine meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 33 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-E, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.003 Changes to Part 33 of the FARs (1) For this Part, a reference in Part 33 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 33 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.003A Changes to EASA CS-E For this Part, a reference in EASA CS-E to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.004 Approvals under Part 33 of the FARs For the application of Part 33 of the FARs under this Part: (a) an approval (however described) mentioned in Part 33 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 33.005 Approvals under EASA CS-E For the application of EASA CS-E under this Part: (a) an approval (however described) mentioned in EASA CS-E may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-E is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-E, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Table of contents 35.001 Airworthiness standards 35.002 Incidental provisions 35.003 Changes to Part 35 of the FARs 35.003A Changes to EASA CS-P 35.004 Approvals under Part 35 of the FARs 35.005 Approvals under EASA CS-P CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.001 Airworthiness standards (1) For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft propeller are as follows: (a) the airworthiness standards set out in Part 35 of the FARs, as in force from time to time, with the changes provided under this Part; (b) the airworthiness standards set out in EASA CS-P, as in force from time to time, with the changes provided under this Part. (2) An aircraft propeller meets the airworthiness standards for these Regulations if it meets: (a) the standards mentioned in paragraph (1)(a); or (b) the standards mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.002 Incidental provisions For these Regulations: (a) the incidental provisions of Part 35 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and (b) the incidental provisions of EASA CS-P, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.003 Changes to Part 35 of the FARs (1) For this Part, a reference in Part 35 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory. (2) For this Part, a reference in Part 35 of the FARs to the FAA or to the Administrator is a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.003A Changes to EASA CS-P For this Part, a reference in EASA CS-P to the Agency is taken to be a reference to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.004 Approvals under Part 35 of the FARs For the application of Part 35 of the FARs under this Part: (a) an approval (however described) mentioned in Part 35 of the FARs may be given by CASA; and (b) CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and (c) for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 35.005 Approvals under EASA CS-P For the application of EASA CS-P under this Part: (a) an approval (however described) mentioned in EASA CS-P may be given by CASA; and (b) CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and (c) an approval (however described) given by or for EASA under EASA CS-P is taken to have been given by CASA under these Regulations; and (d) for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-P, as if it had been given by CASA, if it is necessary in the interests of aviation safety. Table of contents 39.001A Definitions 39.001 CASA may issue Australian airworthiness directives 39.002 Aircraft or aeronautical products covered by airworthiness directive 39.002A Aircraft that become Australian aircraft--compliance with Australian airworthiness directives 39.003 Australian aircraft covered by airworthiness directive not to be operated 39.004 Approvals and exclusions in relation to airworthiness directives 39.005 Documents or things to be sent to CASA 39.006 Request for review of operation of Australian airworthiness directive 39.007 Action to be taken by CASA on receiving request under regulation 39.006 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.001A Definitions In these Regulations: "airworthiness directive " means: (a) an Australian airworthiness directive; or (b) a foreign State of Design airworthiness directive issued on or after 1 October 2009; or (c) for a model of aircraft that is first registered in Australia on or after 1 October 2009--a foreign State of Design airworthiness directive issued before 1 October 2009 for that model or for an aeronautical product that is part of, or used in, that model. Australian airworthiness directive means a document, as in force from time to time, issued by CASA under subregulation 39.001(1). "foreign State of Design airworthiness directive ", for a kind of aircraft or aeronautical product for which Australia is not the State of Design, means a document, as in force from time to time, that: (a) is issued by the national aviation authority of the State of Design of the aircraft or aeronautical product; and (b) is of the same nature as an Australian airworthiness directive. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.001 CASA may issue Australian airworthiness directives (1) For paragraph 98(5A)(b) of the Act, CASA may issue an Australian airworthiness directive for a kind of aircraft, or a kind of aeronautical product, if: (a) an unsafe condition exists in an aircraft or aeronautical product of that kind; and (b) the condition exists, or is likely to exist, or could develop, in other aircraft or aeronautical products of that kind. (2) The airworthiness directive must: (a) be in writing; and (b) state the kind of aircraft or aeronautical product to which it relates; and (c) require that the action set out in the instrument (being action that relates to aircraft or aeronautical products of the kind stated and is, in the opinion of CASA, necessary to correct the unsafe condition) be taken at the time, or in the circumstances, mentioned in the instrument. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.002 Aircraft or aeronautical products covered by airworthiness directive If an airworthiness directive has been issued for a kind of aircraft or a kind of aeronautical product, then, except for aircraft or aeronautical products excluded from the operation of the airworthiness directive under paragraph 39.004(2)(b) or (3)(b), all aircraft or aeronautical products of that kind are covered by the airworthiness directive until: (a) the airworthiness directive is revoked; or (b) the requirements of the airworthiness directive have been complied with; or (c) the requirements of a means of compliance with the airworthiness directive, approved by CASA under paragraph 39.004(2)(a) or (3)(a), have been complied with; or (d) the requirements of a means of compliance with the airworthiness directive, approved by the national aviation authority that issued the airworthiness directive, have been complied with. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.002A Aircraft that become Australian aircraft--compliance with Australian airworthiness directives (1) This regulation applies to an aircraft of a particular model if: (a) on or after 1 October 2009, the aircraft becomes an Australian aircraft; and (b) the aircraft is not the first aircraft of that model to become an Australian aircraft. (2) The requirements of an Australian airworthiness directive for the model of aircraft are taken to have been complied with in respect of the aircraft if: (a) the requirements of a foreign State of Design airworthiness directive for the model of aircraft have been complied with in respect of the aircraft; and (b) the requirements of the foreign State of Design airworthiness directive are equivalent to the requirements of the Australian airworthiness directive. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.003 Australian aircraft covered by airworthiness directive not to be operated (1) A person must not operate an Australian aircraft that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies): (a) in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or (b) while any other requirement of the airworthiness directive has not been complied with. Penalty: 50 penalty units. (2) The registered operator of an Australian aircraft that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies), must not permit a person to operate the aircraft: (a) in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or (b) while any other requirement of the airworthiness directive has not been complied with. Penalty: 50 penalty units. (3) An offence against subregulation (1) is an offence of strict liability. (4) This subregulation applies to an aircraft covered by an airworthiness directive if: (a) the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive; and (b) the aircraft is authorised to operate under a special flight permit that is in force. (5) This subregulation applies to an aircraft that is fitted with an aeronautical product covered by an airworthiness directive if: (a) the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft fitted with an aeronautical product covered by the airworthiness directive; and (b) the aircraft is authorised to operate under a special flight permit that is in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.004 Approvals and exclusions in relation to airworthiness directives (1) A person may, in writing, ask CASA for: (a) an approval of a means of compliance other than that set out in an airworthiness directive; or (b) an exclusion from an airworthiness directive. Particular aircraft or aeronautical products (2) For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person: (a) approve, for a particular aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive ; or (b) subject to subregulation (5)--exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive. Kind of aircraft or aeronautical products (3) For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person: (a) approve, for a particular kind of aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive ; or (b) subject to subregulation (5)--exclude a particular kind of aircraft or aeronautical product from the operation of an airworthiness directive. Decision making criteria (4) When making a decision under subregulation (2) or (3), CASA must: (a) regard the preservation of a level of aviation safety that is at least acceptable as paramount; and (b) if a person makes a request under subregulation (1)--have regard to any reasons given in the request. (5) However, CASA may exclude an aircraft or aeronautical product under paragraph (2)(b) or (3)(b) only if CASA is satisfied that the unsafe condition that the airworthiness directive seeks to correct does not exist, and cannot develop, in the aircraft or aeronautical product because of a modification or repair that has been made to the aircraft or aeronautical product. Approval or exclusion may be subject to conditions (6) CASA may, in an instrument of approval or exclusion, provide that the approval or exclusion is subject to 1 or more specified conditions. Operator must comply with conditions (7) An instrument of approval or exclusion applies to a particular aircraft or aeronautical product only if the operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the approval or exclusion. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.005 Documents or things to be sent to CASA If a foreign State of Design airworthiness directive specifies that a document or thing must be sent to an national aviation authority, a person must, to comply with the airworthiness directive, send the document or thing to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.006 Request for review of operation of Australian airworthiness directive A person may ask CASA in writing to review the operation of an Australian airworthiness directive on the ground that all aircraft or aeronautical products covered by the Australian airworthiness directive, or all aircraft or aeronautical products of a kind mentioned in the request (being aircraft or aeronautical products covered by the Australian airworthiness directive), need no longer be covered by the Australian airworthiness directive because: (a) the instructions issued by the manufacturer or manufacturers of those aircraft or aeronautical products for the carrying out of maintenance on those aircraft or aeronautical products have been amended; and (b) if maintenance is carried out on those aircraft or aeronautical products in accordance with those instructions as amended, the unsafe condition that the Australian airworthiness directive seeks to correct will no longer exist, or is not likely to exist, or cannot develop, in those aircraft or aeronautical products. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.007 Action to be taken by CASA on receiving request under regulation 39.006 (1) Within 28 days after receiving a request from a person (the applicant) under regulation 39.006, CASA must give to the applicant a notice setting out: (a) the steps that CASA proposes to take to investigate whether the ground on which the request is made can be substantiated; and (b) an estimate of the time likely to be taken by the investigation. (2) In carrying out the investigation, CASA must consider: (a) all information provided by the applicant (whether on his or her own initiative or at the request of CASA); and (b) any other information that CASA reasonably considers to be relevant to the investigation. (3) If, after carrying out the investigation, CASA is satisfied that the ground for making the request has been substantiated, CASA must revoke or amend the Australian airworthiness directive (as the case requires) so that those aircraft or aeronautical products to which the request relates are not covered by the Australian airworthiness directive. (4) This regulation does not affect the power that, apart from this regulation, CASA has to revoke or amend an Australian airworthiness directive. Table of contents Subpart 42.A --Preliminary 42.005 Purpose of Part 42.010 Applicability of Part 42.015 Definitions for Part 42.020 Part 42 Manual of Standards Subpart 42.B --Requirements for registered operators Division 42.B.1 --Preliminary 42.025 Purpose of Subpart Division 42.B.2 --Continuing airworthiness requirements 42.030 Continuing airworthiness requirements--all aircraft 42.035 Condition of AOC--aircraft authorised to operate under AOCs 42.040 Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations 42.045 Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations 42.050 Form of continuing airworthiness management contract--all aircraft 42.055 Giving information in accordance with contract 42.060 Copy of certain provisions of contract to be given to CASA 42.065 Copy of variation of certain provisions of contract to be given to CASA 42.070 Notice of termination of contract to be given to CASA 42.075 Notice of contravention of Part to be given to CASA 42.080 Maintenance of aircraft and aeronautical products Division 42.B.3 --Record-keeping requirements in relation to authorisations under regulation 42.630 42.085 Application of Division 42.090 Retaining copies of authorisations 42.095 Keeping lists of authorised pilot licence holders and flight engineers Subpart 42.C --Continuing airworthiness management--requirements for person responsible for continuing airworthiness for aircraft Division 42.C.1 --Preliminary 42.100 Purpose of Subpart 42.105 Meaning of person responsible for continuing airworthiness for aircraft Division 42.C.2 --Continuing airworthiness management tasks 42.110 Complying with regulations in this Division 42.115 Rectification of defect to aircraft before flight--all aircraft 42.120 Compliance with airworthiness directives--all aircraft 42.125 Approval of design for modifications or repairs to aircraft--all aircraft 42.130 Dealing with certain instructions for continuing airworthiness--aircraft authorised to operate under AOCs and large aircraft 42.135 Replacement of life limited aeronautical product--all aircraft 42.140 Approved maintenance program required--aircraft authorised to operate under AOCs and large aircraft 42.145 Compliance with maintenance program required--all aircraft 42.150 Updating approved maintenance program following change to instructions for continuing airworthiness 42.155 Ensuring effectiveness of approved maintenance program using approved reliability programs--certain aircraft 42.160 Ensuring effectiveness of approved maintenance program--other aircraft authorised to operate under AOCs and large aircraft 42.165 Removal of aeronautical products fitted as permitted by regulation 42.440 Division 42.C.3 --Continuing airworthiness records--all aircraft 42.170 Continuing airworthiness records system 42.175 Requirement to record information 42.180 Information about aircraft engines and propellers 42.185 Information about empty weight of aircraft 42.190 Information about utilisation of aircraft 42.195 Information about compliance with airworthiness directives 42.200 Information about compliance with maintenance program 42.205 Information about modifications 42.210 Information about aeronautical products with life limit 42.215 Substantiating documents 42.220 Flight technical log 42.225 Availability of flight technical log 42.230 Recording details of next maintenance due to be carried out in flight technical log 42.235 Approval of another means of recording next maintenance due to be carried out 42.240 Recording details of next maintenance due to be carried out by approved other means 42.245 Ensuring flight technical log can contain utilisation information mentioned in regulation 42.175 for each flight if another means not approved 42.250 Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight 42.255 Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means 42.260 Retention of continuing airworthiness records 42.265 Transfer of continuing airworthiness records for aircraft Division 42.C.4 --Major defects--reporting and investigating 42.270 Reporting major defects--all aircraft 42.275 Investigating major defects--large aircraft and aircraft authorised to operate under AOC 42.280 Action by CASA following report of major defect 42.285 Action by certificate holder or approval holder following report of major defect Subpart 42.D --Maintenance Division 42.D.1 --Preliminary 42.290 Purpose of Subpart Division 42.D.2 --Permissions for section 20AB of Act--aircraft 42.295 Who is permitted to carry out maintenance on aircraft--approved maintenance organisations 42.300 Who is permitted to carry out maintenance on aircraft--individuals not working for approved maintenance organisations 42.301 Who is permitted to carry out maintenance--organisations under NAA arrangement Division 42.D.3 --Permissions for section 20AB of Act--aeronautical products 42.305 Who is permitted to carry out maintenance on aeronautical products 42.306 Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by national aviation authority Division 42.D.4 --Requirements for carrying out maintenance 42.310 General requirements for carrying out maintenance 42.315 Ensuring individuals are competent to carry out maintenance 42.320 Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out 42.325 Maintenance involving modifications and certain repairs 42.330 Removal of tools etc after carrying out maintenance Division 42.D.5 --Requirements for independent inspection of critical control system maintenance 42.335 Meaning of independent individual 42.340 Requirement for verification and record for critical control system maintenance 42.345 Verification and record for critical control system maintenance Division 42.D.6 --Requirements for dealing with defects 42.350 Meaning of qualified individual 42.355 Recording defects 42.360 When qualified individual may defer rectification of defect 42.365 How rectification of defect is deferred 42.370 Record for deferral of rectification of defect 42.375 Major defect reporting--independent maintainer carrying out maintenance on aircraft 42.380 Major defect reporting--approved maintenance organisation carrying out maintenance on aircraft 42.385 Major defect reporting--approved maintenance organisation carrying out maintenance on aeronautical product 42.390 Reporting requirements Division 42.D.7 --Requirements for recording maintenance for aircraft or aeronautical products 42.395 Recording maintenance information for aircraft 42.400 Making maintenance record for aeronautical products 42.405 Provision of maintenance record and other documents to registered operator 42.410 Retention of copy of maintenance record by approved maintenance organisations Subpart 42.E--Aeronautical products Division 42.E.1--Preliminary 42.415 Purpose of Subpart Division 42.E.2 --Requirements for fitting parts and using materials 42.420 Fitting parts other than standard parts 42.425 Obligations and offences for fitting parts other than standard parts 42.430 Fitting parts removed from aircraft--permission for paragraph 42.420(5)(c) 42.435 Fitting parts fabricated by approved maintenance organisations--permission for subparagraph 42.420(5)(a)(ii) 42.440 Fitting parts for which there is no authorised release certificate--permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii) 42.445 Fitting standard parts 42.450 Fitting parts removed from same place on aircraft--permission for paragraphs 42.420(1)(a) and 42.445(1)(a) 42.455 Using materials Division 42.E.3 --Requirements for controlling unserviceable and unsalvageable parts 42.460 Control of unserviceable parts 42.465 Control of unsalvageable parts Division 42.E.4 --Requirements for controlling unapproved parts 42.470 Meaning of unapproved for parts 42.475 Control of unapproved parts 42.480 Reporting unapproved parts 42.485 Action by CASA following report of unapproved parts 42.490 Action required if parts not required to be kept Subpart 42.F --Subpart 42.F approved maintenance organisations Division 42.F.1 --General 42.495 Purpose of Subpart 42.500 Definitions for Subpart 42.505 Regulations 11.070 to 11.075 do not apply in relation to certain matters Division 42.F.2 --Approval of Subpart 42.F organisations 42.510 Applying for approval 42.515 Issuing approval 42.520 Approval certificate 42.525 Privileges for Subpart 42.F organisations 42.530 Approval subject to conditions Division 42.F.3 --Changes to Subpart 42.F organisations 42.535 Application for approval of significant changes to Subpart 42.F organisations 42.540 Approval of significant changes 42.545 Changes to Subpart 42.F organisations that are not significant changes 42.550 CASA may direct Subpart 42.F organisations to change expositions Division 42.F.4 --Requirements and offences for Subpart 42.F organisations 42.555 Provision of maintenance services 42.560 Providing employees with exposition 42.565 Complying with directions Subpart 42.G --Continuing airworthiness management organisations Division 42.G.1 --General 42.570 Purpose of Subpart 42.575 Definitions for Subpart 42.580 Regulations 11.070 to 11.075 do not apply in relation to certain matters Division 42.G.2 --Approval of continuing airworthiness management organisations 42.585 Applying for approval 42.590 Issuing approval 42.595 Approval certificate 42.600 Privileges for continuing airworthiness management organisations 42.605 Approval subject to conditions Division 42.G.3 --Changes to continuing airworthiness management organisations 42.610 Application for approval of significant changes to continuing airworthiness management organisations 42.615 Approval of significant changes 42.620 Changes to continuing airworthiness management organisations that are not significant changes 42.625 CASA may direct continuing airworthiness management organisations to change expositions Division 42.G.4 --Authorisation of pilot licence holders and flight engineers to provide maintenance services 42.630 When pilot licence holders and flight engineers may be authorised 42.635 Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft 42.640 Directions in relation to authorisations 42.645 Notice of cancellation of authorisation Division 42.G.5 --Requirements and offences for continuing airworthiness management organisations 42.650 Provision of continuing airworthiness management services 42.655 Providing employees with exposition 42.660 Copies of authorisations and records 42.665 Complying with directions 42.670 Giving information in accordance with contract 42.675 Notice of contravention of Part to be given to CASA Subpart 42.H --Maintenance certification and certificate of release to service Division 42.H.1 --General 42.680 Purpose of Subpart Division 42.H.2 --Maintenance certification for maintenance carried out on aircraft 42.685 Application of Division 42.690 Approved maintenance organisations 42.695 Individuals performing maintenance certification on behalf of approved maintenance organisations 42.700 Independent maintainers 42.705 Requirements to be met by individuals before performing maintenance certification 42.710 Requirements to be met by organisations before performing maintenance certification 42.715 How maintenance certification is performed Division 42.H.3 --Certificate of release to service--aircraft 42.720 Application of Division 42.725 Requirement not to release aircraft without certificate of release to service 42.730 Approved maintenance organisations 42.735 Individuals issuing certificates of release to service on behalf of approved maintenance organisations 42.740 Independent maintainers 42.745 Requirements to be met before certificate of release to service may be issued 42.750 Requirements to be met by approved maintenance organisations before issuing certificate of release to service 42.755 Requirements to be met by individuals before issuing certificate of release to service 42.760 Form and content of certificate of release to service 42.765 How certificate of release to service is issued 42.770 Retaining copy of certificate of release to service Division 42.H.4 --Certificate of release to service--aeronautical products 42.775 Application of Division 42.780 Requirement not to release aeronautical product without certificate of release to service 42.785 Approved maintenance organisations 42.790 Individuals issuing certificates of release to service on behalf of approved maintenance organisations 42.795 Requirements to be met before certificate of release to service may be issued 42.800 Requirements to be met by approved maintenance organisations before issuing certificate of release to service 42.805 Requirements to be met by individuals before issuing certificate of release to service 42.810 Form of certificate of release to service 42.815 How certificate of release to service is issued 42.820 Additional record for certificate of release to service issued as in-house release document 42.825 Dealing with certificate of release to service Subpart 42.I --Airworthiness reviews and airworthiness review certificates Division 42.I.1 --General 42.830 Application of Subpart 42.835 Purpose of Subpart Division 42.I.2 --Issue of airworthiness review certificates 42.840 Who may issue airworthiness review certificate 42.845 Requirements to be met for issue of airworthiness review certificate 42.850 Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate 42.855 Requirements to be met by individuals before issuing airworthiness review certificate 42.860 Form of airworthiness review certificate 42.865 How airworthiness review certificate is issued 42.870 How long airworthiness review certificate remains in force Division 42.I.3 --Extension of airworthiness review certificates 42.875 Who may extend airworthiness review certificates 42.880 Requirements to be met for extension of airworthiness review certificate 42.885 Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate 42.890 Requirements to be met by individuals before extending airworthiness review certificate 42.895 How airworthiness review certificate is extended Division 42.I.4 --Airworthiness review procedure 42.900 Airworthiness review procedure Division 42.I.5 --Administration 42.905 Record of findings of airworthiness review 42.910 Record of corrective action taken 42.915 Retaining records relating to airworthiness review certificates 42.920 Documents to be sent to CASA and registered operator 42.925 Notice of decision not to issue airworthiness review certificate Division 42.I.6 --Relationship of airworthiness review certificate to certificate of airworthiness 42.930 Relationship with certificate of airworthiness Subpart 42.J --Approval of maintenance programs and variations of approved maintenance programs Division 42.J.1 --Preliminary 42.935 Purpose of Subpart Division 42.J.2 --Approval of maintenance programs by continuing airworthiness management organisations 42.940 Circumstances in which continuing airworthiness management organisations may approve proposed maintenance programs 42.945 Requirements for approval of maintenance programs 42.950 Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs 42.955 Requirements to be met by individuals before approving proposed maintenance programs 42.960 How approval is given 42.965 Record-keeping requirements Division 42.J.3 --Approval of maintenance programs by CASA 42.970 Application to CASA for approval of maintenance programs 42.975 Form of application 42.980 Approval of maintenance programs by CASA Division 42.J.4 --Approval of variations of approved maintenance programs by continuing airworthiness management organisations 42.985 Circumstances in which continuing airworthiness management organisations may approve proposed variations 42.990 Requirements to be met for approval of variations of maintenance programs 42.995 Requirements to be met by continuing airworthiness management organisation before approving proposed variations 42.1000 Requirements to be met by individuals before approving proposed variations 42.1005 How approval is given 42.1010 Record-keeping requirements Division 42.J.5 --Approval of variations of approved maintenance programs by CASA 42.1015 Application to CASA for approval of variations of approved maintenance programs 42.1020 Form of application 42.1025 Approval of variations by CASA Subpart 42.K --Directions to vary approved maintenance programs 42.1030 Purpose of Subpart 42.1035 CASA may direct variation of approved maintenance programs Subpart 42.L --Approval of reliability programs and variations of approved reliability programs Division 42.L.1 --Preliminary 42.1040 Purpose of Subpart Division 42.L.2 --Approval of reliability programs 42.1045 Application for approval of reliability programs 42.1050 Approval of reliability programs Division 42.L.3 --Approval of variations of approved reliability programs 42.1055 Application for approval of variations of approved reliability programs 42.1060 Approval of variations of approved reliability programs Subpart 42.M --Requirements for pilots 42.1065 Purpose of Subpart 42.1070 Pre-flight inspection--all aircraft 42.1075 Recording information in flight technical log--all aircraft Subpart 42.N --Record-keeping requirements 42.1080 Purpose of Subpart 42.1085 Requirements for making records made under Part 42.1090 Requirements for keeping records made under Part 42.1095 Change to records made under Part Subpart 42.O --Copying or disclosing cockpit voice recording information 42.1100 Purpose of Subpart 42.1105 Authorisation of persons for paragraph 32AP(3A)(a) of Act Subpart 42.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.005 Purpose of Part This Part: (a) sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which this Part applies; and (b) empowers CASA to issue a Manual of Standards for this Part. Note: See Part 21 in relation to initial airworthiness requirements for aircraft and aeronautical products, and the issue of certificates of airworthiness for aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.010 Applicability of Part Subject to Subpart 202.BA, this Part applies to: (a) a registered aircraft; and (b) an aeronautical product for a registered aircraft. Note 1: For the definition of registered, see Part 1 of the Dictionary. Note 2: Subpart 202.BA contains application and transitional provisions for this Part. Under regulation 202.181, this Part applies to the following: (a) a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206(1)(c) of CAR; (b) a registered aircraft for which an election under regulation 202.181 is in force; (c) an aeronautical product for an aircraft mentioned in paragraph (a) or (b); (d) a Part 145 organisation that is providing maintenance services for an aircraft or aeronautical product mentioned in paragraph (a), (b) or (c); (e) an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on an aircraft mentioned in paragraph (a) or (b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.015 Definitions for Part (1) In this Part: "accountable manager ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1). aircraft control system , for an aircraft, means the system of the aircraft by which the flight path, attitude or propulsive force of the aircraft is changed. "air transport AOC " means an AOC issued for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR. "airworthiness review " means a review carried out under Division 42.I.3. "airworthiness review certificate " means a document that complies with regulation 42.860. "airworthiness review employee " means an individual who is authorised by a continuing airworthiness management organisation in accordance with the Part 42 Manual of Standards to do the following on behalf of the organisation: (a) carry out an airworthiness review for an aircraft; (b) issue an airworthiness review certificate. "airworthy "has the meaning given by subregulation (2). "approval certificate ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1). "approval certificate reference number " means: (a) for a Subpart 42.F organisation--the number determined by CASA under subregulation 42.520(2); and (b) for a continuing airworthiness management organisation--the number determined by CASA under subregulation 42.595(2); and (c) for a Part 145 organisation--the number determined by CASA under subregulation 145.035(2). "approval rating " means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 42 Manual of Standards. "approved design " means: (a) for an aircraft, aircraft engine or propeller: (i) the type design for the aircraft, engine or propeller; and (ii) any changes to the type design made in accordance with a Part 21 approval; and (b) for an aeronautical product, other than an aircraft engine or propeller, that is approved in a manner mentioned in regulation 21.305 or 21.305A: (i) the design specifications for the product; and (ii) any changes to the design specifications made in accordance with a Part 21 approval. "approved maintenance program ," for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J, including any variations to the program that have been approved in accordance with Subpart 42.J. "approved reliability program ", for an aircraft, means a reliability program for the aircraft that has been approved in accordance with Subpart 42.L, including any variations to the program that have been approved in accordance with Subpart 42.L. "certification authorisation number " means: (a) for a certification authorisation issued by a Subpart 42.F organisation--the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 42 Manual of Standards; and (b) for a certification authorisation issued by a Part 145 organisation--the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 145 Manual of Standards. "competent ", to carry out maintenance on an aircraft or aeronautical product, has the meaning given by subregulation 42.315(1). "configuration deviation list ", for an aircraft, means a document that: (a) is prepared by the aircraft's type certificate holder or foreign type certificate holder; and (b) is approved by the State of Design for the aircraft; and (c) lists each external part of the aircraft that is permitted to be missing from the aircraft, under conditions specified in the document, at the commencement of a flight by the aircraft. "continuing airworthiness management service "has the meaning given by subregulation 42.575(1). "continuing airworthiness manager ", for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). "continuing airworthiness record ", for an aircraft, has the meaning given by subregulation (3). "continuing airworthiness records system ", for an aircraft, means the system required by regulation 42.170 for the aircraft. "continuing airworthiness responsibility ", for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). "creation date " has the meaning given by subregulation 42.260(2). "critical control system maintenance ", for an aircraft: (a) means maintenance carried out on the aircraft control system for the aircraft that, if not carried out correctly, may result in a failure, malfunction or defect of the system that will endanger the safe operation of the aircraft; and (b) does not include optional dual flight control maintenance. "EDTO " has the meaning given by subsection 2.1 of Civil Aviation Order 82.0. "eligible to be fitted ", for a part, has the meaning given by subregulation (4). "eligible to be used ", for a material, has the meaning given by subregulation (5). "exposition ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1); and (c) for a Part 145 organisation--has the meaning given by subregulation 145.010(1). independent individual , for critical control system maintenance for an aircraft, has the meaning given by regulation 42.335. "independent maintainer " means an individual mentioned in item 1, 3, 4 or 5 of table 42.300. "life limit , for an aeronautical product that is fitted, or is to be fitted, to an aircraft or another aeronautical product (the second aeronautical product"), means: (a) if an airworthiness directive specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or (b) if paragraph (a) does not apply, and the approved design for the aircraft specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or (c) if paragraphs (a) and (b) do not apply, and the approved design for the second aeronautical product specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or (d) if none of paragraphs (a), (b) and (c) apply--the amount of use, or age, specified in the approved design for the product as the amount of use, or age, after which the product must not be used. Note: Life limit may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period. "main location ", for a Part 145 organisation, has the meaning given by the Part 145 Manual of Standards. "maintenance program ", for an aircraft that is authorised to operate under an AOC or a large aircraft, means the approved maintenance program for the aircraft. "maintenance program approval employee ", for a continuing airworthiness management organisation, means an individual who is authorised by the organisation in accordance with the Part 42 Manual of Standards: (a) to approve a maintenance program for an aircraft; or (b) to approve a variation to a maintenance program for an aircraft. "maintenance record " means: (a) for maintenance carried out on an aircraft--a record that contains: (i) the information required under regulation 42.395; and (ii) the maintenance certification for the maintenance; and (b) for maintenance carried out on an aeronautical product--a record required to be made under regulation 42.400. "optional dual flight control maintenance " means maintenance: (a) that involves only the connection or disconnection of optional dual flight controls without using tools; and (b) that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system. Part 21 approval means: (a) for a change to the type design of an aircraft, aircraft engine or propeller: (i) an approval under regulation 21.095 or 21.098; or (ii) an approval in a supplemental type certificate or a foreign supplemental type certificate; or (iii) a modification/repair design approval; or (iv) an approval taken to have been given under regulation 21.465 or 21.470; or (v) an approval mentioned in regulation 21.475; or (vi) an approval that continues in force under regulation 202.054, 202.055 or 202.056; and (b) for a change to the design of an aeronautical product other than an aircraft engine or propeller: (i) a modification/repair design approval; or (ii) an approval taken to have been given under regulation 21.465 or 21.470; or (iii) an approval mentioned in regulation 21.475; or (iv) an approval that continues in force under regulation 202.054, 202.055 or 202.056. Note: For the definition of modification/repair design approval, see Part 1 of the Dictionary. Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020. "person responsible for continuing airworthiness ", for an aircraft, has the meaning given by regulation 42.105. qualified individual , for a defect in an aircraft, has the meaning given by regulation 42.350. "quality manager ", for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). "responsibility start date ", for a person and an aircraft, means the day on which the person becomes the person responsible for continuing airworthiness for the aircraft. "responsible manager ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1). "serviceable ", in relation to an aeronautical product, has the meaning given by subregulation (6). "significant change ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1). "unapproved ", in relation to a part, has the meaning given by regulation 42.470. "unsalvageable ", in relation to an aeronautical product, has the meaning given by subregulation (7).Note: See the Dictionary for definitions of other terms used in this Part. (2) An aircraft is airworthy if it is in a state that conforms with its approved design and is in a condition for safe operation. (3) Each of the following is a continuing airworthiness record for an aircraft: (a) a record made under paragraph 42.130(3)(b) for the aircraft; (b) a record made under Subdivision 42.C.3.2 for the aircraft; (c) a document kept under regulation 42.215 for the aircraft; (d) a record made under this Part in the flight technical log for the aircraft; (e) a record made by a means, other than a flight technical log, approved by CASA under regulation 42.250; (f) a record made under regulation 42.345 for the aircraft; (g) a record made under regulation 42.370 for the aircraft; (h) a maintenance record for maintenance carried out on the aircraft; (i) a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; (j) a copy of the design of a modification or repair that is unique to the aircraft ; (k) if an aircraft maintenance record was kept for the aircraft in accordance with Division 10 of Part 4A of CAR--that aircraft maintenance record; (l) a document for the aircraft: (i) that is equivalent to a document mentioned in paragraphs (a) to (k); and (ii) that was issued or kept under a law of a foreign country; (m) a record of information for the aircraft: (i) that is equivalent to a record mentioned in paragraphs (a) to (k); and (ii) that was made or kept under a law of a foreign country. Note: For paragraph (d), see the notes to regulation 42.220. (4) A part is eligible to be fitted to an aircraft or another aeronautical product if the fitting is permitted: (a) by the approved design for the aircraft or the other aeronautical product that the aeronautical product will be fitted to; or (b) by an Australian Parts Manufacturer Approval; or (c) by a Parts Manufacturer Approval issued by the FAA; or (d) by a parts manufacturer approval issued by a national aviation authority to which subregulation (4A) applies. (4A) For paragraph (4)(d). this subregulation applies to the national aviation authority of a Contracting State if: (a) Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or (b) CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals. (5) A material is eligible to be used in or on an aircraft or an aeronautical product if the use is permitted: (a) by the approved design for the aircraft or the aeronautical product; or (b) by maintenance data for maintenance to be carried out on the aircraft or aeronautical product. (6) An aeronautical product is serviceable if the product: (a) conforms with its approved design; and (b) is fit for its intended use. (7) An aeronautical product is unsalvageable if the product: (a) is unserviceable; and (b) cannot be made serviceable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.020 Part 42 Manual of Standards Power to issue Manual of Standards (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft. Matters--general (2) In particular, a Manual of Standards may specify the following matters: (a) for paragraph (b) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (a) of that definition; (b) for paragraph (d) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (c) of that definition; (c) for subparagraph (b)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a large aircraft; (d) for subparagraph (d)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a large aircraft; (e) for subparagraph (b)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a small aircraft; (f) for subparagraph (d)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a small aircraft; (g) maintenance for items 1 and 2 of table 42.300; (h) maintenance for item 3 of table 42.300; (i) maintenance for items 4 and 5 of table 42.300; (ia) countries for regulations 42.301 and 42.306; (j) requirements for a maintenance program; (k) requirements for a reliability program; (l) that a document is an aviation industry standard; (m) the matters mentioned in subregulation (3) for Subpart 42.F; (n) the matters mentioned in subregulation (4) for Subpart 42.G. Matters for Subpart 42.F (3) For paragraph (2)(m), the matters are the following: (a) maintenance that is specialist maintenance for a Subpart 42.F organisation; (b) ratings for kinds of aircraft, aeronautical products and specialist maintenance; (c) the privileges that apply to an approval rating; (d) requirements for a Subpart 42.F organisation's exposition; (e) requirements for a Subpart 42.F organisation, including requirements in relation to the following: (i) facilities; (ii) managers; (iii) employees; (iv) employee qualifications; (v) the grant of certification authorisations; (vi) equipment, tools and materials; (vii) maintenance data; (viii) the fabrication of parts in the course of carrying out maintenance; (ix) records; (x) an annual review of the organisation's compliance with this Part, the Part 42 Manual of Standards and the organisation's exposition; (xi) a procedure for making changes to the organisation that are not significant changes. Matters for Subpart 42.G (4) For paragraph (2)(n), the matters are the following: (a) requirements for a continuing airworthiness management organisation's exposition; (b) requirements for a continuing airworthiness management organisation, including requirements in relation to the following: (i) facilities; (ii) managers; (iii) employees; (iv) employee qualifications; (v) equipment; (vi) a quality management system, including auditing; (vii) writing procedures for carrying out maintenance; (viii) instructions for continuing airworthiness; (ix) records; (x) a procedure for making changes to the organisation that are not significant changes. Subpart 42.B --Requirements for registered operators CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.025 Purpose of Subpart This Subpart sets out: (a) requirements relating to the continuing airworthiness of an aircraft that apply to the registered operator of the aircraft; and (b) record-keeping requirements for the registered operator of an aircraft in relation to authorisations under regulation 42.630. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.030 Continuing airworthiness requirements--all aircraft (1) The registered operator of an aircraft commits an offence if: (a) the registered operator operates the aircraft for a flight, or permits it to be operated for a flight; and (b) a requirement mentioned in subregulation (2) is not met for the aircraft before the flight commences. Penalty: 50 penalty units. (2) The requirements are that: (a) the registered operator has ensured that the requirements mentioned in Division 42.C.2 are met for the aircraft; and (b) if maintenance has been carried out on the aircraft since it was last operated for a flight--one of the following documents has been issued for the aircraft in relation to the maintenance: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and (c) if the aircraft is a large aircraft or an aircraft operating under an AOC: (i) the requirements of regulation 42.040 for the aircraft are met; and (ii) an airworthiness review certificate is in force for the aircraft; and (d) each item of operational or emergency equipment that is not required by the certification basis for the aircraft, but is required by or under these Regulations for the flight, is fitted to the aircraft; and (e) if there is a defect in the aircraft: (i) operation of the aircraft for the flight with the defect is permitted by: (A) the minimum equipment list for the aircraft; or (B) the configuration deviation list for the aircraft; or (C) a special flight permit for the flight; or (ii) the rectification of the defect is deferred in accordance with Subdivision 42.D.6.1; or (iii) the defect is in an item of operational or emergency equipment that: (A) is fitted to the aircraft; and (B) is not required by the certification basis for the aircraft; and (C) is not required by or under these Regulations for the operation of the aircraft for the flight; and (f) the flight technical log for the aircraft records the details of any defect in the aircraft mentioned in subparagraph (e)(i) or (iii). Note 1: For paragraph (b), under subregulation 42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft. Note 2: For subparagraph (c)(ii), for how long an airworthiness review certificate remains in force, see regulation 42.870. Note 3: For paragraph (d) and sub-subparagraph (e)(iii)(C), see Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.035 Condition of AOC--aircraft authorised to operate under AOCs For paragraph 28BA(1)(b) of the Act, it is a condition of an AOC that the requirements of regulation 42.040 are met for each aircraft that is authorised to operate under the AOC. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.040 Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations Aircraft authorised to operate under air transport AOC (1) The registered operator of an aircraft that is authorised to operate under an air transport AOC must be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft. Aircraft authorised to operate under AOC other than air transport AOC (2) The registered operator of an aircraft that is authorised to operate under an AOC, other than an air transport AOC, must: (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. Large aircraft not authorised to operate under AOC (3) The registered operator of a large aircraft that is not authorised to operate under an AOC must: (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.045 Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations (1) The registered operator of a small aircraft that is not authorised to operate under an AOC may enter into a contract with a continuing airworthiness management organisation for the organisation to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. (2) The registered operator must not, at any time, have a contract mentioned in subregulation (1) with more than 1 continuing airworthiness management organisation in relation to the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.050 Form of continuing airworthiness management contract--all aircraft (1) If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must ensure that the contract: (a) is in writing; and (b) includes provisions dealing with the matters mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the matters are the following: (a) the details of the aircraft covered by the contract, including the registration mark, type, model, and serial number for the aircraft; (b) the registered operator's name and address; (c) the continuing airworthiness management organisation's name, address and approval reference number; (d) the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of Subpart 42.C for which the registered operator is responsible; (e) the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of Subpart 42.C for which the organisation is responsible; (f) that each party will give the other party information about the continuing airworthiness of the aircraft that relates to the matters mentioned in paragraphs (d) and (e); (g) details of the information to be provided by each party as mentioned in paragraph (f); (h) how the information mentioned in paragraph (f) will be provided by each party; (i) the date of effect of the contract. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.055 Giving information in accordance with contract If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the registered operator has information about the continuing airworthiness of the aircraft that relates to a matter mentioned in paragraph 42.050(2)(e); the registered operator must give the information to the organisation in accordance with the contract. Penalty: 50 penalty units. Note: See regulation 42.670 for the requirement for the continuing airworthiness management organisation for an aircraft to give information to the registered operator of the aircraft . CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.060 Copy of certain provisions of contract to be given to CASA (1) If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must give CASA a copy of the provisions of the contract dealing with the matters mentioned in subregulation 42.050(2) within 14 days after the contract has been made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.065 Copy of variation of certain provisions of contract to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) a provision of the contract dealing with a matter mentioned in subregulation 42.050(2) is varied; the registered operator must give CASA a copy of the varied provision within 14 days after the variation has been made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.070 Notice of termination of contract to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the contract is terminated; the registered operator must give CASA written notice of the termination within 14 days after the contract is terminated. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.075 Notice of contravention of Part to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the registered operator has reasonable grounds to believe that the organisation has contravened a provision of this Part; the registered operator must give CASA written notice of the contravention within 7 days after the registered operator forms the belief that the contravention has occurred. Penalty: 50 penalty units. (2) If the registered operator is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty. (3) However: (a) the information in the notice; or (b) any information, document or thing obtained as a direct or indirect consequence of giving the notice; is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code. Note 1: Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents. Note 2: See regulation 42.675 for the equivalent requirement for a continuing airworthiness management organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.080 Maintenance of aircraft and aeronautical products Maintenance carried out on an aircraft (1) The registered operator of an aircraft must ensure that maintenance carried out on the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.295, 42.300 or 42.301. Penalty: 50 penalty units. (2) The registered operator of an aircraft must ensure that a person mentioned in item 4 or 5 of table 42.300 carries out maintenance on the aircraft at a place only if no approved maintenance organisation is able to carry out the maintenance at that place. Penalty: 50 penalty units. Maintenance carried out on an aeronautical product (3) The registered operator of an aircraft must ensure that maintenance carried out on an aeronautical product for the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.305 or 42.306. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.085 Application of Division This Division applies to the registered operator of an aircraft if, under subregulation 42.660(1), a continuing airworthiness management organisation gives the registered operator a copy of an authorisation issued under regulation 42.630. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.090 Retaining copies of authorisations (1) The registered operator must retain a copy of the authorisation for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.095 Keeping lists of authorised pilot licence holders and flight engineers (1) The registered operator must, at all times, keep a list, in accordance with subregulation (2), of the pilot licence holders and flight engineers who hold authorisations issued under regulation 42.630 to provide maintenance services for the registered operator's aircraft. Penalty: 50 penalty units. (2) The list must include the following information for each pilot licence holder and flight engineer: (a) the name of the continuing airworthiness management organisation that issued the authorisation; (b) the name and licence number of the pilot licence holder or flight engineer; (c) the maintenance services that the pilot licence holder or flight engineer is authorised to provide; (d) the period for which the authorisation is valid; (e) the aircraft for which the authorisation is issued. (3) If there is a change to the information mentioned in subregulation (2), the registered operator must update the list within 28 days after the change occurs. Penalty: 50 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Subpart 42.C --Continuing airworthiness management--requirements for person responsible for continuing airworthiness for aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.100 Purpose of Subpart This Subpart sets out requirements relating to the continuing airworthiness of an aircraft that apply to the person responsible for continuing airworthiness for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.105 Meaning of person responsible for continuing airworthiness for aircraft (1) If the registered operator of an aircraft has entered into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the person responsible for continuing airworthiness for the aircraft is: (a) for a requirement of this Subpart for which, under the contract, the registered operator is responsible --the registered operator of the aircraft; and (b) for a requirement of this Subpart for which, under the contract, the organisation is responsible--the organisation. Note 1: Under regulation 42.050, a contract between the registered operator of an aircraft and a continuing airworthiness management organisation must deal with: (a) the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of this Subpart for which the registered operator is responsible; and (b) the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of this Subpart for which the organisation is responsible. Note 2: Under subregulation 42.040(2), a contract between the registered operator of an aircraft that is authorised to operate under an AOC, other than an air transport AOC, and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. Note 3: Under subregulation 42.040(3), a contract between the registered operator of a large aircraft that is not authorised to operate under an AOC and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. Note 4: Under regulation 42.045, a contract between the registered operator of a small aircraft that is not authorised to operate under an AOC may provide that the organisation is to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. (2) If subregulation (1) does not apply, the person responsible for continuing airworthiness for an aircraft is the registered operator of the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.110 Complying with regulations in this Division (1) The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.115 to 42.165 in relation to the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) in relation to any of regulations 42.120 to 42.165 is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.115 Rectification of defect to aircraft before flight--all aircraft (1) If: (a) the person responsible for continuing airworthiness for an aircraft becomes aware that there is a defect in the aircraft; and (b) operation of the aircraft for a flight with the defect is not permitted by: (i) the minimum equipment list for the aircraft; or (ii) the configuration deviation list for the aircraft; or (iii) a special flight permit for the flight; and (c) rectification of the defect is not deferred in accordance with Subdivision 42.D.6.1; the person must ensure that the defect is rectified before the aircraft is next operated for flight. (2) This regulation does not apply in relation to a defect in an item of operational or emergency equipment that: (a) is fitted to the aircraft; and (b) is not required by the certification basis for the aircraft; and (c) is not required by or under these Regulations for operation of the aircraft for the flight. Note 1: For paragraph (c), see Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18. Note 2: See also Division 42.D.6 for other requirements relating to defects. Note 3: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.120 Compliance with airworthiness directives--all aircraft If: (a) an airworthiness directive applies to: (i) an aircraft; or (ii) an aeronautical product that is part of, or used in, an aircraft; and (b) the aircraft or aeronautical product is not excluded from the operation of the airworthiness directive under paragraph 39.004(2)(b) or(3)(b); the person responsible for continuing airworthiness for the aircraft must ensure that the requirements mentioned in paragraph 39.002(b), (c) or (d) are complied with in relation to the aircraft or aeronautical product. Note 1: Paragraph 39.002(b) refers to the requirements of an airworthiness directive, and paragraphs 39.002(c) and (d) refer to the requirements of a means of compliance with the airworthiness directive approved by CASA or an national aviation authority. An airworthiness directive, and a means of compliance with the airworthiness directive approved by CASA or an national aviation authority, will specify when the action required by the airworthiness directive or means of compliance must be carried out. Note 2: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.125 Approval of design for modifications or repairs to aircraft--all aircraft (1) The person responsible for continuing airworthiness for an aircraft must ensure that the aircraft is not modified unless: (a) there is a Part 21 approval for the design of the modification; and (b) the modification is compatible with the configuration of the aircraft at the time the modification is made. (2) The person responsible for continuing airworthiness for an aircraft contravenes subregulation (1) if: (a) the aircraft is modified; and (b) either: (i) there is no Part 21 approval for the design of the modification; or (ii) the modification is not compatible with the configuration of the aircraft at the time the modification is made. (3) The person responsible for continuing airworthiness for an aircraft must ensure that a repair that involves a change to the approved design of the aircraft is not made unless: (a) there is a Part 21 approval for the design of the change involved in the repair; and (b) the repair is compatible with the configuration of the aircraft at the time the repair is made. (4) The person responsible for continuing airworthiness for an aircraft contravenes subregulation (3) if: (a) the aircraft is repaired; and (b) the repair involves a change to the approved design for the aircraft; and (c) either: (i) there is no Part 21 approval for the change involved in the repair; or (ii) the repair is not compatible with the configuration of the aircraft at the time the modification is made. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.130 Dealing with certain instructions for continuing airworthiness--aircraft authorised to operate under AOCs and large aircraft (1) This regulation applies to the person responsible for continuing airworthiness for an aircraft that is authorised to operate under an AOC or a large aircraft if: (a) an instruction for continuing airworthiness, issued by a person mentioned in subregulation (2), applies to the aircraft, or the aircraft's engine or propeller; and (b) the instruction requires maintenance to be carried out on the aircraft, aircraft engine or propeller; and (c) the person is not required, by another provision of these Regulations or by an airworthiness directive, to comply with the instruction. Example: A service bulletin that is not mentioned in an airworthiness directive. (2) For paragraph (1)(a), the persons are the following: (a) the type certificate holder or foreign type certificate holder for the aircraft, aircraft engine or propeller; (b) the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft, aircraft engine or propeller. (3) The person must, within the time specified in the instruction: (a) ensure that the instruction is complied with; or (b) record, in writing, in the continuing airworthiness records system for the aircraft: (i) information identifying the instruction; and (ii) the reason for not complying with the instruction. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.135 Replacement of life limited aeronautical product--all aircraft If: (a) an aeronautical product that has a life limit is fitted to an aircraft; and (b) the aircraft is to be operated for a flight; and (c) the product's life limit is reached before, or would be reached during, the flight; the person responsible for continuing airworthiness for the aircraft must ensure that the product is replaced before the flight. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.140 Approved maintenance program required--aircraft authorised to operate under AOCs and large aircraft The person responsible for continuing airworthiness for an aircraft that is authorised to operate under an AOC or a large aircraft must ensure that there is an approved maintenance program for the aircraft before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. Note 1: For the requirements for approval of maintenance programs, including compliance with the requirements specified in the Part 42 Manual of Standards, see Subpart 42.J. Note 2: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.145 Compliance with maintenance program required--all aircraft The person responsible for continuing airworthiness for an aircraft must ensure that maintenance is carried out on the aircraft as required by the maintenance program for the aircraft. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.150 Updating approved maintenance program following change to instructions for continuing airworthiness (1) This regulation applies to the person responsible for continuing airworthiness for an aircraft if: (a) there is an approved maintenance program for the aircraft; and (b) there is a change to the requirements in the instructions for continuing airworthiness for the aircraft, or an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; and (c) as a result of the change, the program no longer complies with the requirements. (2) The person must, within 90 days after the occurrence of the change: (a) vary the program so that it complies with the requirements; and (b) either: (i) approve the variation in accordance with Division 42.J.4; or (ii) apply for approval of the variation in accordance with Division 42.J.5. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.155 Ensuring effectiveness of approved maintenance program using approved reliability programs--certain aircraft (1) The person responsible for continuing airworthiness for an aircraft mentioned in subregulation (2) must ensure that there is an approved reliability program for the aircraft before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (2) The aircraft are the following: (a) a large aircraft, if the approved maintenance program for the aircraft: (i) requires the carrying out of maintenance that was developed using the specification, known as 'ATA MSG-3', published by the Air Transport Association of America, as in force from time to time; or (ii) requires condition monitoring of an aeronautical product or a system of the aircraft; (b) an aircraft for which an EDTO approval issued under Civil Aviation Order 82.0 is in force; (c) an aircraft, if the instructions for continuing airworthiness for the aircraft require the use of a reliability program for the aircraft. Note 1: The purpose of a reliability program for an aircraft is to ensure the effectiveness of the approved maintenance program for the aircraft in ensuring the continuing airworthiness of the aircraft. Note 2: For the requirements for approval of reliability programs, including compliance with the requirements specified in the Part 42 Manual of Standards, see Subpart 42.L. Note 3: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.160 Ensuring effectiveness of approved maintenance program--other aircraft authorised to operate under AOCs and large aircraft (1) This regulation applies to the person responsible for continuing airworthiness for: (a) a large aircraft to which regulation 42.155 does not apply; or (b) an aircraft: (i) that is authorised to operate under an AOC; and (ii) to which regulation 42.155 does not apply. (2) The person must, at least once every 12 months: (a) analyse the effectiveness of the approved maintenance program for the aircraft in ensuring the continuing airworthiness of the aircraft; and (b) record in writing: (i) the results of the analysis; and (ii) information that substantiates the results of the analysis. (3) If the results of the analysis indicate that the approved maintenance program should be varied, the person must, within 30 days after completing the analysis: (a) approve the variation in accordance with Division 42.J.4; or (b) apply for approval of the variation in accordance with Division 42.J.5. (4) The person must retain a record mentioned in paragraph (2)(b) for 2 years after the record is made. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.165 Removal of aeronautical products fitted as permitted by regulation 42.440 If an aeronautical product is fitted to an aircraft as permitted by regulation 42.440, the person responsible for continuing airworthiness for the aircraft must, within 36 flight hours after it is fitted: (a) obtain an authorised release certificate for the product; or (b) ensure that the product is removed from the aircraft. Note: Under regulation 42.110, failure to comply with this regulation is an offence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.170 Continuing airworthiness records system The person responsible for continuing airworthiness for an aircraft must, at all times, have a system: (a) that is capable of containing the continuing airworthiness records for the aircraft; and (b) that identifies the aircraft by: (i) its make; and (ii) its type and model designation; and (iii) its registration mark; and (iv) its serial number. Penalty: 50 penalty units. Note: For how long records must be retained, see regulation 42.260. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.175 Requirement to record information (1) The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.180 to 42.210 in relation to the aircraft. Penalty: 50 penalty units. (2) If, under any of regulations 42.180 to 42.210, the person is required to ensure that information in relation to the aircraft is recorded, the person must ensure that the information is recorded in writing in the continuing airworthiness records system for the aircraft. Penalty: 50 penalty units. (3) If, under any of regulations 42.180 to 42.210, the person is required to ensure that a record of information in relation to the aircraft is updated, the person must ensure that the record is updated in writing in the continuing airworthiness records system for the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: See regulation 42.1085 for requirements relating to records. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.180 Information about aircraft engines and propellers Required information (1) For this regulation, the following information is the required information for an aircraft engine or propeller: (a) its make; (b) its type and model designation; (c) its serial number. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the required information for each of the aircraft's engines and propellers is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. Required information to be recorded if engine or propeller replaced (3) If, on or after the responsibility start date, an aircraft engine or propeller is replaced, the person must ensure that the required information for the replacement aircraft engine or propeller is recorded before the time mentioned in subregulation (4). (4) The time is the end of 30 days after the day one of the following documents is issued for the aircraft in relation to the maintenance that included the replacement of the engine or propeller: (a) a certificate of release to service; (b) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.185 Information about empty weight of aircraft Required information (1) For this regulation, the following information is the required information for an aircraft: (a) the empty weight of the aircraft, determined in accordance with the method set out in Civil Aviation Order 100.7; (b) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration, determined in accordance with the method set out in Civil Aviation Order 100.7. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the aircraft is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Updating record of required information (3) If, after the aircraft is operated for its first flight, there is a change to: (a) the empty weight of the aircraft; or (b) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration; the person must ensure that the record of the required information is updated before the aircraft is next operated for flight. Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.190 Information about utilisation of aircraft Required information (1) For this regulation, the required information for an aircraft is information about the utilisation of the aircraft, or of an aeronautical product fitted to the aircraft, that: (a) the person responsible for continuing airworthiness for the aircraft uses in ensuring that a requirement mentioned in regulation 42.120, 42.130, 42.135 or 42.145 is met; and (b) includes the total time-in-service of: (i) the aircraft; and (ii) each of the aircraft's engines; and (iii) each of the aircraft's propellers. Example 1: For paragraph (a), for an aircraft The total number of landings the aircraft has carried out. Example 2: For paragraph (a), for an aeronautical product fitted to an aircraft For an aircraft engine, the total number of engine cycles the engine has performed. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the aircraft is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. Updating record of required information (3) If, on or after the responsibility start date, the aircraft is operated for flight, the person must ensure that the record of the required information for the aircraft is updated before the earlier of the following: (a) when a requirement mentioned in regulation 42.120, 42.130, 42.135 or 42.145 is due to be met; (b) the end of 3 days after the completion of the flight. Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.195 Information about compliance with airworthiness directives Required information (1) For this regulation, the following information is the required information for an airworthiness directive that applies to an aircraft, or to an aeronautical product fitted to the aircraft: (a) information identifying the airworthiness directive; (b) if action is required to meet the requirements mentioned in paragraph 39.002(b), (c) or (d) for the airworthiness directive--when the action is due, or next due, to be carried out; (c) if the requirements mentioned in paragraph 39.002(b), (c) or (d) have been met for the airworthiness directive in relation to the aircraft or aeronautical product: (i) when the requirements were last met; and (ii) if the requirements of a means of compliance with the airworthiness directive mentioned in paragraph 39.002(c) or (d) have been met--information identifying that means of compliance; and (iii) if the airworthiness directive applies to an aeronautical product--the part and serial number (if any) for the product. Required information to be recorded before first flight--applicable airworthiness directives (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for each airworthiness directive that, immediately before the responsibility start date, applied to the aircraft or an aeronautical product fitted to the aircraft. Required information to be recorded--airworthiness directives that become applicable (4) If, on or after the responsibility start date, an airworthiness directive becomes applicable to the aircraft, or to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the airworthiness directive is recorded before the earlier of the following: (a) when action is due to be carried out to meet the requirements mentioned in paragraph 39.002(b), (c) or (d) for the airworthiness directive; (b) the end of 30 days after the airworthiness directive becomes applicable to the aircraft or the aeronautical product. Updating record of required information (5) If, on or after the responsibility start date, action is carried out to meet the requirements mentioned in paragraph 39.002(b), (c) or (d) for an airworthiness directive that applies to the aircraft, or to an aeronautical product fitted to the aircraft, the person must comply with subregulation (6). (6) The person must ensure that the record of the required information for the airworthiness directive is updated before the earlier of the following: (a) when action is next due to be carried out to meet the requirements mentioned in paragraph 39.002(b), (c) or (d) for the airworthiness directive (if applicable); (b) the end of 30 days after the day the action is carried out. Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.200 Information about compliance with maintenance program Required information (1) For this regulation, the following information is the required information for maintenance that is required by the aircraft's maintenance program to be carried out on the aircraft or on an aeronautical product fitted to the aircraft: (a) information identifying the maintenance; (b) the interval at which the maintenance is required by the aircraft's maintenance program to be carried out; (c) if the maintenance relates to an aeronautical product--the part and serial number (if any) for the product; (d) if the maintenance has been carried out--when the maintenance was carried out; (e) when the maintenance is next due to be carried out. (2) However, the required information mentioned in subregulation (1) does not include information mentioned in subregulation 42.195(1). Required information to be recorded before first flight (3) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the maintenance is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Required information to be updated if maintenance carried out (4) If, after the aircraft is operated for its first flight, the maintenance is carried out on the aircraft or on the aeronautical product, the person must ensure that the record is updated before the earlier of the following: (a) when maintenance is next due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. Required information to be updated if maintenance program changed (5) If, after the aircraft is operated for its first flight, there is a change to the aircraft's maintenance program in relation to the maintenance, the person must ensure that the record of the required information for the maintenance is updated before the earlier of the following: (a) when maintenance is due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after the change is made. Required information to be updated if aeronautical product fitted (6) If: (a) the maintenance relates to an aeronautical product; and (b) after the aircraft is operated for its first flight, the aeronautical product is fitted to the aircraft; the person must ensure that the record is updated before the time mentioned in subregulation (7). (7) The time is the earlier of the following: (a) when maintenance is due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the fitting of the aeronautical product: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.205 Information about modifications Required information (1) For this regulation, the following information is the required information for a modification made to an aircraft or to an aeronautical product fitted to the aircraft: (a) a description of the modification; (b) a reference to the design data used for the modification; (c) when the modification is made; (d) if the modification relates to an aeronautical product--the part and serial number (if any) for the product. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for each modification that was made, before the responsibility start date, to the aircraft or an aeronautical product fitted to the aircraft. Required information to be recorded for subsequent modifications (4) If, on or after the responsibility start date, a modification is made to the aircraft or to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the modification is recorded before the time mentioned in subregulation (5). (5) The time is the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the modification: (a) a certificate of release to service; (b) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.210 Information about aeronautical products with life limit Required information (1) For this regulation, the following information is the required information for an aeronautical product that is fitted to an aircraft and that has a life limit: (a) details that identify the aeronautical product, including its part and serial number (if any); (b) the life limit for the aeronautical product; (c) when the aeronautical product is due to be removed from the aircraft. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for an aeronautical product that, immediately before the responsibility start date: (a) was fitted to the aircraft; and (b) had a life limit. Required information to be recorded for aeronautical products fitted on or after responsibility start date (4) If, on or after the responsibility start date, an aeronautical product that has a life limit is fitted to the aircraft, the person must ensure that the required information for the product is recorded before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the fitting of the product to the aircraft: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. Required information to be recorded if life limit becomes applicable on or after responsibility start date (5) If, on or after the responsibility start date, a life limit becomes applicable to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the product is recorded before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after the life limit becomes applicable to the product. Updating record of required information (6) If, on or after the responsibility start date, there is a change to the life limit for an aeronautical product fitted to the aircraft, the person must ensure that the record of the required information for the product is updated before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after the change is made. Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.215 Substantiating documents (1) The person responsible for continuing airworthiness for an aircraft must keep documents that substantiate the information recorded under regulations 42.180, 42.185, 42.190, 42.195, 42.200, 42.205 and 42.210 for the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For how long substantiating documents must be retained, see regulation 42.260. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.220 Flight technical log (1) The person responsible for continuing airworthiness for an aircraft must, at all times, have a log for the aircraft that: (a) includes details identifying the aircraft, including the type, model and registration mark for the aircraft; and (b) is capable of containing the documents and information for the aircraft that, under this Part, are required to be included in the log. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note 1: Under paragraph 42.030(2)(e), before an aircraft undertakes a flight, the flight technical log for an aircraft must record the details of any item of operational or emergency equipment that is fitted to the aircraft and is unserviceable. Note 2: Under regulation 42.230, if the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation, and CASA has not, under regulation 42.235, approved another means of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)), the person must ensure that that information is recorded and updated in the flight technical log for the aircraft. Note 3: Under regulation 42.370, a qualified individual must enter information relating to the deferral of the rectification of a defect in an aircraft in the flight technical log for the aircraft if the defect affects the operation of the aircraft. Note 4: Under paragraph 42.440(g) an entry mentioned in that paragraph must be made in the flight technical log for an aircraft if a part is fitted to the aircraft as permitted by regulation 42.440. Note 5: Under subregulation 42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft. Note 6: Under subregulation 42.1075(1), the pilot in command of an aircraft for a flight must ensure that the information mentioned in that subregulation for the flight is recorded in the flight technical log for the aircraft. Note 7: Under regulation 42.245, the person responsible for continuing airworthiness for the aircraft must ensure that the aircraft's flight technical log is capable of containing the information mentioned in regulation 42.190 for each flight for the aircraft if CASA has not, under regulation 42.250, approved another means of recording the information. Note 8: Under subregulation 42.1075(2), the pilot in command of an aircraft for a flight must record the information mentioned in regulation 42.190 for the flight in the aircraft's flight technical log if the log is capable of containing the information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.225 Availability of flight technical log (1) The person responsible for continuing airworthiness for an aircraft must ensure that the flight technical log for the aircraft is available to a person who is the pilot in command of the aircraft while the person is the pilot in command of the aircraft. Penalty: 50 penalty units. (2) The person must ensure that the flight technical log for the aircraft is available to a person who is carrying out maintenance on the aircraft while the person is carrying out the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.230 Recording details of next maintenance due to be carried out in flight technical log When this regulation applies (1) This regulation applies if: (a) the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation; and (b) CASA has not, under regulation 42.235, approved another means of recording the required information for the aircraft. Note: If the person responsible for continuing airworthiness for an aircraft is a continuing airworthiness management organisation, the person is required to record the required information for the aircraft in the continuing airworthiness records for the aircraft--see regulation 42.200. Required information (2) For this regulation, the required information for an aircraft at a particular time is: (a) information identifying the next maintenance that is due to be carried out on the aircraft in accordance with the aircraft's maintenance program; and (b) when the maintenance is due to be carried out. Information to be recorded before first flight (3) The person must ensure that the required information for the aircraft is recorded in the aircraft's flight technical log before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Penalty: 50 penalty units. Updating record of required information (4) If, after the first flight, maintenance is carried out on the aircraft in accordance with the aircraft's maintenance program, the person must ensure that the record of the required information for the aircraft is updated in the aircraft's flight technical log before the aircraft is next operated for flight. Penalty: 50 penalty units. (5) An offence against subregulation (3) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.235 Approval of another means of recording next maintenance due to be carried out (1) If the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation, the person may apply, in writing, to CASA for approval of: (a) a means, other than a flight technical log, of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)) for the purpose of informing the aircraft's flight crew of the required information; and (b) the time within which the required information must be recorded by the other means. (2) Subject to regulation 11.055, CASA must approve the means if CASA is satisfied that the means is at least as reliable a means of recording the required information for the aircraft as the use of the flight technical log. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.240 Recording details of next maintenance due to be carried out by approved other means (1) If: (a) the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation; and (b) CASA has, under regulation 42.235, approved: (i) another means of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)); and (ii) the time within which the required information must be recorded by the other means; the person must ensure that the required information for the aircraft is recorded in accordance with the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.245 Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved (1) If CASA has not, under regulation 42.250, approved: (a) another means of recording the information mentioned in regulation 42.190 for each flight for an aircraft; and (b) the time within which the information must be recorded by the other means; the person responsible for continuing airworthiness for the aircraft must ensure that the aircraft's flight technical log is capable of containing the information. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: Under subregulation 42.1075(2), the pilot in command of an aircraft for a flight must record the information mentioned in regulation 42.190 for the flight in the aircraft's flight technical log if the log is capable of containing the information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.250 Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight (1) The person responsible for continuing airworthiness for an aircraft may apply, in writing, to CASA for approval of: (a) a means, other than a flight technical log, for recording the information mentioned in regulation 42.190 for each flight for the aircraft; and (b) the time within which the information must be recorded by the other means. (2) Subject to regulation 11.055, CASA must approve the means if CASA is satisfied that the means is at least as reliable a means of recording the information as the use of the flight technical log. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.255 Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means (1) If CASA has, under regulation 42.250, approved: (a) another means of recording the information mentioned in regulation 42.190 for each flight for an aircraft; and (b) the time within which the information must be recorded by the other means; the person responsible for continuing airworthiness for the aircraft must ensure that the information is recorded in accordance with the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.260 Retention of continuing airworthiness records (1) The person responsible for continuing airworthiness for an aircraft must retain a record or document mentioned in an item of the following table for the period: (a) starting on: (i) if the person created the record or document, and is the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document--the creation date for the record or document; or (ii) if the person did not create the record or document, and is the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document--the date that the person receives the record or document; or (iii) if the person is not the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document--the date the person receives the continuing airworthiness records for the aircraft under regulation 42.265; and (b) ending on the first-occurring of the following: (i) the end date (if any) mentioned in the item; (ii) the date the person gives the records to the person who becomes the person responsible for continuing airworthiness for the aircraft under regulation 42.265. Item Record or document End date 1 A document kept under regulation 42.215 for the aircraft The date that the information substantiated by the document is superseded by other information 2 A copy of a maintenance record, that is not covered by item 1, for maintenance carried out on the aircraft 1 year after the creation date for the maintenance record 3 A copy of a document that: (a) is equivalent to a maintenance record for maintenance carried out on the aircraft; and (b) is issued under a law of a foreign country; and (c) is not covered by item 1 1 year after the creation date for the document 4 A certificate of release to service, or an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301, for the aircraft in relation to maintenance carried out on the aircraft The later of the following: (a) 1 year after the date of issue of the certificate or equivalent document; (b) the date a certificate of release to service or equivalent document is next issued for the aircraft in relation to maintenance carried out on the aircraft 5 A record of information: (a) that is made in the flight technical log for an aircraft in accordance with this Part; and (b) that is not covered by item 1, 2 or 4 1 year after the creation date for the record 6 A copy of the design of a modification or repair that is unique to the aircraft -- Penalty: 50 penalty units. Example 1: For item 1, an authorised release certificate for an aeronautical product that is fitted to an aircraft must be kept until the date the aeronautical product is removed from the aircraft. Example 2: For item 1, an in-house release document for an aeronautical product that is fitted to an aircraft must be kept until the date the aeronautical product is removed from the aircraft. Example 3: For item 1, a document mentioned in paragraph 42.440(e) for an aeronautical product fitted to an aircraft as permitted by regulation 42.440 must be kept until the date the aeronautical product is removed from the aircraft. Example 4: For item 1, a document that substantiates the empty weight of the aircraft and the centre of gravity position on the aircraft at its empty weight configuration must be kept until the date that the aircraft is next weighed and its empty weight, and its centre of gravity in its empty weight configuration, is determined. Note: For item 5, see the notes to regulation 42.220. (2) In this regulation: "creation date " means: (a) for a record of information--the date the record is made; and (b) for a document--the date the document is created. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.265 Transfer of continuing airworthiness records for aircraft (1) This regulation applies if: (a) a person (the first person) ceases to be the person responsible for continuing airworthiness for an aircraft; and (b) another person (the second person) becomes the person responsible for continuing airworthiness for the aircraft. (2) Within 30 days after the first person ceases to be the person responsible for continuing airworthiness for the aircraft, the first person must give the continuing airworthiness records for the aircraft to the second person. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.270 Reporting major defects--all aircraft (1) If the person responsible for continuing airworthiness for an aircraft becomes aware of a major defect in the aircraft, the person must, within 2 days after becoming aware of the defect, report the defect, in accordance with subregulation (2), to: (a) CASA; and (b) if the defect does not relate to a modification mentioned in paragraph (c), (d), (e) or (f)--the type certificate holder or foreign type certificate holder for the aircraft; and (c) if the defect relates to a modification made to the aircraft that is covered by a supplemental type certificate for the aircraft--the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft; and (d) if the defect relates to a part produced in accordance with an Australian Parts Manufacturer Approval--the holder of the Australian Parts Manufacturer Approval; and (e) if the defect relates to a part produced in accordance with a Parts Manufacturer Approval issued by the FAA--the holder of the Parts Manufacturer Approval; and (ea) if the defect relates to a part produced in accordance with a parts manufacturer approval issued by a national aviation authority to which subregulation (1A) applies--the holder of the approval; and (f) if the defect relates to a modification made in accordance with a design covered by any of the following approvals--the holder of the approval: (i) a modification/repair design approval; (ii) an approval mentioned in regulation 21.475; (iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056. Penalty: 50 penalty units. (1A) For paragraph (1)(ea), this subregulation applies to the national aviation authority of a Contracting State if: (a) Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or (b) CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals. (2) The report must be made: (a) in writing; and (b) in the approved form. Note: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. (3) It is a defence to a prosecution under subregulation (1) that relates to a failure to report a defect to the holder of an approval mentioned in subparagraph (1)(f)(iii) that the defendant: (a) made all reasonable efforts to identify the holder of the approval; and (b) was unable to identify the holder. Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code). Note 2: See also Division 42.D.6 for other requirements relating to defects. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.275 Investigating major defects--large aircraft and aircraft authorised to operate under AOC If the person responsible for continuing airworthiness for a large aircraft or an aircraft that is authorised to operate under an AOC becomes aware of a major defect in the aircraft, the person must: (a) investigate the cause of the defect; and (b) give CASA a report containing the findings of the investigation within 14 days after completing the investigation. Penalty: 50 penalty units. Note: See also Division 42.D.6 for other requirements relating to defects. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.280 Action by CASA following report of major defect (1) If CASA receives a report about a major defect under regulation 42.270, CASA may, by notice in writing, require the person who made the report: (a) to give CASA further information in relation to the major defect within a period specified in the notice; or (b) to keep the aircraft, or the part of the aircraft that is defective, in a state that will allow CASA to investigate the defect; or (c) to give to CASA any document, aeronautical product or other thing in the possession, or under the control, of the person that relates to the defect. (2) The person must comply with the notice. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.285 Action by certificate holder or approval holder following report of major defect (1) If a person mentioned in paragraph 42.270(1)(b), (c), (d), (e) or (f) (the first person) receives a report about a major defect under regulation 42.270, the first person may, by notice in writing, require the person who made the report (the second person) to give the first person further information in relation to the major defect. (2) The notice must specify the period within which the further information must be provided. (3) The period specified in the notice must be at least 14 days from the date of the request. (4) The second person must comply with the notice. Penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. Subpart 42.D --Maintenance CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.290 Purpose of Subpart This Subpart sets out: (a) who is permitted to carry out maintenance; and (b) requirements for carrying out maintenance on an aircraft or an aeronautical product; and (c) requirements for critical control system maintenance; and (d) requirements for dealing with defects; and (e) requirements for making and keeping records for an approved maintenance organisation or independent maintainer who carries out maintenance on an aircraft or aeronautical product. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.295 Who is permitted to carry out maintenance on aircraft--approved maintenance organisations For subsection 20AB(2) of the Act, a person mentioned in column 2 of an item in the following table is permitted to carry out maintenance on an Australian aircraft: (a) to which this Part applies; and (b) that is mentioned in column 3 of the item. Item Person Aircraft 1 A Part 145 organisation An aircraft of a kind for which the Part 145 organisation is approved to provide maintenance services 2 An individual carrying out maintenance on behalf of a Part 145 organisation An aircraft for which the Part 145 organisation is providing maintenance services 3 A Subpart 42.F organisation A small aircraft: (a) that is not authorised to operate under an air transport AOC; and (b) that is of a kind for which the Subpart 42.F organisation is approved to provide maintenance services 4 An individual carrying out maintenance on behalf of a Subpart 42.F organisation An aircraft for which the Subpart 42.F organisation is providing maintenance services Note 1: The kinds of aircraft for which a Part 145 organisation is approved to provide maintenance services are determined by CASA--see regulation 145.030. Note 2: The kinds of aircraft for which a Subpart 42.F organisation is approved to provide maintenance services are determined by CASA--see regulation 42.515. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.300 Who is permitted to carry out maintenance on aircraft--individuals not working for approved maintenance organisations (1) For subsection 20AB(2) of the Act: (a) an individual mentioned in column 2 of an item in table 42.300 is permitted to carry out maintenance on an Australian aircraft: (i) to which this Part applies; and (ii) that is mentioned in column 3 of the item; and (b) the individual is permitted to carry out the maintenance subject to the conditions mentioned in column 4 of the item. (2) However, an individual mentioned in item 2, 3, 4 or 5 of table 42.300 is not permitted to supervise the carrying out of maintenance by another individual. Table 42.300 Individuals, not working for approved maintenance organisations, permitted to carry out maintenance on aircraft Item Individual Aircraft Conditions 1 A licensed aircraft maintenance engineer An aircraft: (a) that is a small aircraft; and (b) that is not authorised to operate under an AOC The conditions are that: (a) the person's aircraft engineer licence permits him or her to perform maintenance certification for the maintenance; and (b) the maintenance is not specified in the Part 42 Manual of Standards for this item 2 An individual who is carrying out maintenance under the supervision of an individual mentioned in item 1 An aircraft for which the individual mentioned in item 1 is providing maintenance services 3 A pilot licence holder who is carrying out maintenance other than under an authorisation issued under regulation 42.630 that is in force An aircraft: (a) that is a small aircraft; and (b) that is not authorised to operate under an AOC; and (c) that the pilot licence holder is authorised, under Part 61, to fly The conditions are that: (a) the maintenance is specified in the Part 42 Manual of Standards for this item; and (b) either: (i) the pilot licence holder is the registered operator of the aircraft; or (ii) the registered operator of the aircraft has given the pilot licence holder permission to carry out the maintenance 4 A pilot licence holder who is carrying out maintenance under an authorisation issued under regulation 42.630 that is in force An aircraft: (a) that is a large aircraft, or is authorised to operate under an AOC; and (b) that the pilot licence holder is authorised, under Part 61, to fly The conditions are that: (a) the pilot licence holder is a member of the aircraft's flight crew; and (b) the maintenance is specified in the Part 42 Manual of Standards for this item 5 A flight engineer who is carrying out maintenance under an authorisation issued under regulation 42.630 that is in force An aircraft: (a) that is a large aircraft, or is authorised to operate under an AOC; and (b) in relation to which the flight engineer is authorised, under Part 61, to perform the duties of flight engineer The conditions are that: (a) the flight engineer is a member of the aircraft's flight crew; and (b) the maintenance is specified in the Part 42 Manual of Standards for this item Note 1: For item 2, under regulation 42.320, an independent maintainer who is supervising the carrying out of maintenance by another individual must not instruct or permit the individual to carry out maintenance that the independent maintainer is not permitted to carry out. Note 2: For items 4 and 5, under subregulation 42.080(2), the registered operator of an aircraft must ensure that a person mentioned in item 4 or 5 carries out maintenance on the aircraft at a place only if no approved maintenance organisation is able to carry out the maintenance at that place Note 3: For items 4 and 5, an authorisation under regulation 42.630 must include the maintenance services that the pilot licence holder or flight engineer is authorised to provide--see paragraph 42.630(3)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.301 Who is permitted to carry out maintenance--organisations under NAA arrangement (1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian territory on an Australian aircraft to which this Part applies if: (a) the organisation is approved to carry out the maintenance by the national aviation authority of a foreign country under a law of that country; and (b) the country is specified for this regulation in the Part 42 Manual of Standards; and (c) there is an arrangement (the NAA arrangement) between CASA and the national aviation authority, or Australia and the foreign country, that permits the organisation to carry out the maintenance. (2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance in accordance with the NAA arrangement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.305 Who is permitted to carry out maintenance on aeronautical products For subsection 20AB(2) of the Act, a person mentioned in column 2 of an item in the following table is permitted to carry out maintenance on: (a) an aeronautical product in Australian territory: (i) to which this Part applies; and (ii) that is of the kind mentioned in column 3 of the item; and (b) an aeronautical product for an Australian aircraft: (i) to which this Part applies; and (ii) that is of the kind mentioned in column 3 of the item. Item Person Aeronautical product 1 A Part 145 organisation An aeronautical product of a kind for which the Part 145 organisation is approved to provide maintenance services 2 An individual carrying out maintenance on behalf of a Part 145 organisation An aeronautical product for which the Part 145 organisation is providing maintenance services 3 A Subpart 42.F organisation An aeronautical product of a kind for which the Subpart 42.F organisation is approved to provide maintenance services 4 An individual carrying out maintenance on behalf of a Subpart 42.F organisation An aeronautical product for which the Subpart 42.F organisation is providing maintenance services Note 1: The kinds of aeronautical products for which a Part 145 organisation is approved to provide maintenance services are determined by CASA--see regulation 145.030. Note 2: The kinds of aeronautical products for which a Subpart 42.F organisation is approved to provide maintenance services are determined by CASA--see regulation 42.515. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.306 Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by national aviation authority (1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian territory on an aeronautical product for an Australian aircraft to which this Part applies if: (a) the organisation is approved to carry out the maintenance by the national aviation authority of a foreign country under a law of that country; and (b) the country is specified for this regulation in the Part 42 Manual of Standards. (2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance: (a) if there is an arrangement (the NAA arrangement) between CASA and the national aviation authority that permits the organisation to carry out the maintenance--in accordance with the NAA arrangement; or (b) otherwise--in accordance with the law of the foreign country. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.310 General requirements for carrying out maintenance Obligation (1) If an individual carries out maintenance on an aircraft or on an aeronautical product, the individual must: (a) carry out the maintenance: (i) in accordance with current maintenance data for the maintenance; and (ii) using facilities that are appropriate for carrying out maintenance of the kind that is being carried out; and (b) if tools, equipment or materials are mentioned in the maintenance data for the maintenance--use those tools, equipment or materials; and (c) if using measuring or testing equipment--ensure that the accuracy of the equipment: (i) is appropriate for the maintenance; and (ii) has been verified, at appropriate intervals, by a means that is traceable to a standard that is nationally or internationally recognised. Example: For subparagraph (c)(ii), of a standard that is nationally recognised A standard maintained by the National Measurement Institute--see http://www.measurement.gov.au. Offence--approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Penalty: 50 penalty units. Offences--independent maintainer (3) An independent maintainer must comply with subregulation (1) when carrying out maintenance on an aircraft. Penalty: 50 penalty units. (4) If an independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual, the independent maintainer must ensure that the individual complies with subregulation (1). Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.315 Ensuring individuals are competent to carry out maintenance Meaning of competent (1) An individual is competent to carry out maintenance on an aircraft or aeronautical product if he or she has the skills and knowledge to carry out the maintenance to the standard required by the maintenance data for the maintenance. Obligation for approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual does not carry out maintenance on an aircraft or aeronautical product on behalf of the organisation unless: (a) the organisation has assessed the individual as being competent to carry out the maintenance; or (b) if the organisation has not assessed the individual as being competent to carry out the maintenance--the carrying out of the maintenance by the individual is supervised by an individual that the organisation has assessed as being competent to carry out the maintenance. Offences for breach of obligation (3) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and (c) the carrying out of the maintenance by the individual is not supervised. Penalty: 50 penalty units. (4) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and (c) the carrying out of the maintenance by the individual is supervised; and (d) before the maintenance is carried out, the organisation has not assessed the individual who supervised the carrying out of the maintenance as being competent to carry out the maintenance. Penalty: 50 penalty units. Obligation for certain independent maintainers (5) An independent maintainer mentioned in item 1 or 3 of table 42.300 must not carry out maintenance on an aircraft unless the independent maintainer is competent to carry out the maintenance. (6) An independent maintainer must not supervise the carrying out of maintenance on an aircraft by another individual unless the independent maintainer is competent to carry out the maintenance. Note 1: The competence of an independent maintainer mentioned in item 4 or 5 of table 42.300 to carry out maintenance is dealt with by a continuing airworthiness management organisation--see paragraph 42.630(2)(e). Note 2: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Offences for breach of obligation (7) An independent maintainer mentioned in item 1 or 3 of table 42.300 commits an offence if: (a) he or she carries out maintenance on an aircraft; and (b) he or she is not competent to carry out the maintenance. Penalty: 50 penalty units. (8) An independent maintainer commits an offence if: (a) the independent maintainer supervises the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer is not competent to carry out the maintenance. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.320 Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out (1) An independent maintainer who is supervising the carrying out of maintenance by another individual must not instruct or permit the individual to carry out maintenance that the independent maintainer is not permitted to carry out. Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.325 Maintenance involving modifications and certain repairs Obligation (1) This regulation applies if an individual carries out maintenance on an aircraft or aeronautical product that involves: (a) making a modification to the aircraft or aeronautical product; or (b) a repair of the aircraft or aeronautical product that involves a change to the approved design for the aircraft or aeronautical product. (2) Before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance, the individual must ensure that: (a) there is a Part 21 approval for the design of the modification or repair; and (b) the modification or repair complies with the design. Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2. Offence--approved maintenance organisation (3) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (2). Penalty: 50 penalty units. Offences--independent maintainer (4) An independent maintainer must comply with subregulation (2): (a) when carrying out maintenance on an aircraft; and (b) when supervising the carrying out of maintenance on an aircraft by another individual. Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (5) An offence against subregulation (3) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.330 Removal of tools etc after carrying out maintenance Obligation (1) If an individual carries out maintenance on an aircraft or aeronautical product, the individual must remove from the aircraft or aeronautical product any tools, equipment or other things extraneous to the aircraft or the aeronautical product before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance. Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2. Offence--approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Penalty: 50 penalty units. Offences--independent maintainer (3) An independent maintainer must comply with subregulation (1) when carrying out maintenance on an aircraft. Penalty: 50 penalty units. (4) An independent maintainer who is supervising the carrying out of maintenance on an aircraft by another individual must ensure that the individual complies with subregulation (1). Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.335 Meaning of independent individual An independent individual , for critical control system maintenance carried out on an aircraft, means an individual who: (a) did not perform maintenance certification for the maintenance; and (b) if the maintenance is carried out by a Part 145 organisation--is a certifying employee of that organisation authorised to perform maintenance certification: (i) for the maintenance; or (ii) for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction; and (c) if the maintenance is not carried out by a Part 145 organisation--is 1 of the following: (i) a licensed aircraft maintenance engineer whose aircraft engineer licence permits the individual to perform maintenance certification for the maintenance, or for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction; (ii) a pilot licence holder who is authorised under Part 61 to fly the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.340 Requirement for verification and record for critical control system maintenance Offence--approved maintenance organisation (1) If an individual carries out critical control system maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must ensure that an independent individual has: (a) verified the matters mentioned in subregulation 42.345(1); and (b) made a record, in writing, in accordance with regulation 42.345; before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Offence--independent maintainer (2) If an independent maintainer carries out critical control system maintenance on an aircraft, or supervises the carrying out of critical control system maintenance on an aircraft by another individual, the independent maintainer must ensure that an independent individual has: (a) verified the matters mentioned in subregulation 42.345(1); and (b) made a record, in writing, in accordance with regulation 42.345; before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (3) An offence against subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.345 Verification and record for critical control system maintenance (1) An independent individual may record the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft only if he or she has verified that: (a) the part of the aircraft control system on which the maintenance was carried out is assembled and configured in accordance with the maintenance data for the maintenance; and (b) the aircraft control system is functioning correctly. (2) An independent individual commits an offence if: (a) he or she records the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft; and (b) the recording of the information is not permitted under subregulation (1). Penalty: 50 penalty units. (3) The information is the following: (a) that the individual has verified the matters mentioned in subregulation (1); (b) information identifying the critical control system maintenance to which the verification related; (c) the individual's name, signature and licence or certification authorisation number; (d) the date the verification was performed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.350 Meaning of qualified individual (1) F or a defect in an aircraft that is authorised to operate under an air transport AOC or a large aircraft, qualified individual means a certifying employee of a Part 145 organisation who is authorised to perform maintenance certification for the maintenance that would be necessary to rectify the defect. (2) For a defect in an aircraft, other than an aircraft mentioned in subregulation (1), qualified individual means a licensed aircraft maintenance engineer whose aircraft engineer licence permits the holder to perform maintenance certification for the maintenance that would be necessary to rectify the defect. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.355 Recording defects If an individual: (a) is carrying out maintenance on an aircraft; and (b) is, or becomes, aware of a defect in the aircraft; the individual must ensure that the defect is recorded in the continuing airworthiness records system for the aircraft before a certificate of release to service is issued for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.360 When qualified individual may defer rectification of defect (1) A qualified individual may defer the rectification of a defect in an aircraft only if the deferral is permitted by subregulation (3). (2) The qualified individual commits an offence if: (a) he or she defers the rectification of the defect; and (b) the deferral is not permitted by subregulation (3). Penalty: 50 penalty units. (3) Deferral of the rectification of the defect is permitted only if: (a) the defect does not adversely affect the airworthiness of the aircraft; or (b) the operation of the aircraft for a flight with the defect is permitted by any of the following: (i) the instructions for continuing airworthiness for the aircraft; (ii) the minimum equipment list for the aircraft; (iii) the configuration deviation list for the aircraft; (iv) an airworthiness directive; or (c) the defect is approved as a permissible unserviceability under regulation 21.007; or (d) the defect is in an item of operational or emergency equipment that: (i) is fitted to the aircraft; and (ii) is not required by the certification basis for the aircraft; and (iii) is not required by or under these Regulations for the operation of the aircraft for a flight. Note: For subparagraph (d)(iii), see Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.365 How rectification of defect is deferred To defer the rectification of a defect in an aircraft under regulation 42.360, the qualified individual must: (a) make a record that complies with regulation 42.370; and (b) sign the record; and (c) record, in that record: (i) his or her aircraft engineer licence number or certification authorisation number; and (ii) the date of the deferral. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.370 Record for deferral of rectification of defect (1) A record of the deferral of the rectification of a defect must be made in: (a) the flight technical log for the aircraft, if: (i) the defect affects the operation of the aircraft; or (ii) the deferral was permitted by subparagraph 42.360(3)(b)(ii) or (iii); or (b) the continuing airworthiness records system for the aircraft, in any other case. (2) The record must contain: (a) a description of the defect; and (b) a statement of the reasons for the qualified individual's decision to defer the rectification of the defect; and (c) any limitations or conditions mentioned in a document mentioned in paragraph 42.360(3)(b) in relation to the deferral of the rectification of the defect and the operation of the aircraft. (3) A qualified individual commits an offence if: (a) he or she makes a record of the deferral of the rectification of a defect; and (b) the record does not comply with this regulation. Penalty: 50 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.375 Major defect reporting--independent maintainer carrying out maintenance on aircraft If: (a) an independent maintainer is carrying out maintenance on an aircraft, or is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer becomes aware of a major defect in the aircraft; the independent maintainer must report the defect to the person responsible for continuing airworthiness for the aircraft. Penalty: 50 penalty units. Note 1: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. Note 2: See regulation 42.390 for the requirements for making a report. Note 3: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.380 Major defect reporting--approved maintenance organisation carrying out maintenance on aircraft If: (a) an approved maintenance organisation is carrying out maintenance on an aircraft; and (b) the organisation becomes aware of a major defect in the aircraft; the organisation must report the defect to the person responsible for continuing airworthiness for the aircraft. Penalty: 50 penalty units. Note 1: See regulation 42.390 for the requirements for making a report. Note 2: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.385 Major defect reporting--approved maintenance organisation carrying out maintenance on aeronautical product If: (a) an approved maintenance organisation is carrying out maintenance on an aeronautical product; and (b) the organisation becomes aware of a major defect in the aeronautical product; the organisation must report the defect to CASA. Penalty: 50 penalty units. Note 1: See regulation 42.390 for the requirements for making a report. Note 2: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.390 Reporting requirements A person who is required to make a report under regulation 42.375, 42.380 or 42.385 must: (a) make the report in the approved form; and (b) make the report within 2 days after the person becomes aware of the major defect to which the report relates. Penalty: 50 penalty units. Note 1: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. Note 2: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.395 Recording maintenance information for aircraft Offence--approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must ensure that the information mentioned in subregulation (3) is recorded in writing before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Offence--independent maintainer (2) If an independent maintainer: (a) carries out maintenance on an aircraft; or (b) supervises the carrying out of maintenance on an aircraft by another individual; the independent maintainer must record the information mentioned in subregulation (3) in writing before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Information to be recorded (3) The information is the following: (a) the registration mark for the aircraft; (b) the date on which the maintenance was completed; (c) a description of the maintenance; (d) information identifying the maintenance data for the maintenance; (e) if the maintenance is a modification or repair involving a change to the approved design for the aircraft--information identifying the design of the modification or repair; (f) if a part was fitted to the aircraft when the maintenance was carried out--a description of the part, including: (i) the part number for the part; and (ii) the serial number for the part (if any); and (iii) if the part is not a standard part--the information mentioned in subregulation (4). (4) For subparagraph (3)(f)(iii), the information is: (a) if the fitting of the part was permitted by subparagraph 42.420(5)(a)(i) or (b)(i)--the number of the authorised release certificate mentioned in that subparagraph for the part, or information that enables the identification of that authorised release certificate; and (b) if the fitting of the part was permitted by subparagraph 42.420(5)(b)(ii)--information that enables the identification of the in-house release document mentioned in that subparagraph for the part; and (c) if the fitting of the part is permitted under regulation 42.430--information identifying the aircraft from which the part was removed; and (d) if the fitting of the part is permitted under regulation 42.435--a statement that the part is a product fabricated by an approved maintenance organisation; and (e) if the fitting of the part is permitted under regulation 42.440--information that enables the identification of the document mentioned in paragraph 42.440(e) that accompanied the part. Note 1: The information required under this regulation about maintenance, and the maintenance certification for the maintenance, together constitute the maintenance record for the maintenance--see the definition of maintenance record in regulation 42.015. For maintenance certification, see regulation 42.715. Note 2: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Note 3: See Division 42.H.3 in relation to the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.400 Making maintenance record for aeronautical products (1) If an individual carries out maintenance on an aeronautical product (the first aeronautical product) on behalf of an approved maintenance organisation, the organisation must ensure that the information mentioned in this regulation (the maintenance record) is recorded: (a) in writing; and (b) before the organisation issues a certificate of release to service for the aeronautical product in relation to the maintenance. Penalty: 50 penalty units. (2) The information is: (a) information that identifies the first aeronautical product, including: (i) the part number for the product; and (ii) the serial number for the product (if any); and (b) the date on which the maintenance was completed; and (c) a description of the maintenance; and (d) information identifying the maintenance data for the maintenance; and (e) if the maintenance is a modification or repair involving a change to the approved design of the aeronautical product--information identifying the design of the modification or repair. (3) If an aeronautical product (the second aeronautical product) was fitted to the first aeronautical product when the maintenance was carried out, the information must include a description of the second aeronautical product, including: (a) the part number for the product; and (b) the serial number for the product (if any); and (c) if the product is not a standard part--the information mentioned in subregulation (4). (4) For paragraph (3)(c), the information is: (a) if the fitting of the second aeronautical product was permitted by subparagraph 42.420(5)(a)(i) or (b)(i): (i) the number of the authorised release certificate mentioned in that subparagraph for the product; or (ii) information that enables the identification of that authorised release certificate; or (b) if the fitting of the second aeronautical product was permitted by subparagraph 42.420(5)(b)(ii)--information that enables the identification of the in-house release document mentioned in that subparagraph for the product. (5) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.405 Provision of maintenance record and other documents to registered operator Offence--approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must comply with subregulation (2). Penalty: 50 penalty units. (2) The organisation must ensure that the maintenance record for the maintenance is given to the person responsible for continuing airworthiness for the aircraft within 30 days after the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Offence--independent maintainer (3) If an independent maintainer: (a) carries out maintenance on an aircraft; or (b) supervises the carrying out of maintenance on an aircraft by another individual; the independent maintainer must give the maintenance record for the maintenance to the person responsible for continuing airworthiness for the aircraft within 30 days after the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (4) An offence against subregulation (1) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.410 Retention of copy of maintenance record by approved maintenance organisations (1) If a maintenance record is made for maintenance carried out on an aircraft or an aeronautical product by an individual on behalf of an approved maintenance organisation, the organisation must keep a copy of the record for the period mentioned in subregulation (2). Penalty: 50 penalty units. (2) The records must be kept for 2 years beginning on the date when the organisation issued the certificate of release to service for the aircraft or aeronautical product in relation to the maintenance. (3) An offence against subregulation (1) is an offence of strict liability. Subpart 42.E --Aeronautical products CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.415 Purpose of Subpart This Subpart sets out requirements for: (a) fitting parts to, and using materials in, aircraft and aeronautical products; and (b) the control of unserviceable and unsalvageable parts; and (c) the control of unapproved parts. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.420 Fitting parts other than standard parts (1) If an individual is carrying out maintenance on an aircraft or aeronautical product, the individual must not fit a part that is not a standard part to the aircraft or aeronautical product unless the fitting of the part is permitted under: (a) regulation 42.450; or (b) subregulation (2). (2) For paragraph (1)(b), the part may be fitted if: (a) either: (i) the part is serviceable; or (ii) if the part is unserviceable because of a defect in the part--the fitting of the part is permitted under subregulation (3); and (b) the part is eligible to be fitted to the aircraft or the aeronautical product; and (c) if the manufacturer of the part has specified a storage life for the part--the storage life for the part has not expired; and (d) the fitting of the part is permitted under subregulation (5). Note: For the definition of eligible to be fitted, see regulation 42.015. (3) For subparagraph (2)(a)(ii), the part may be fitted if: (a) the operation of the aircraft for a flight with the defect is permitted by the minimum equipment list for the aircraft; and (b) subregulation (4) does not apply to the part. (4) This regulation applies to a part if: (a) before the proposed fitting of the part, the part was fitted to an aircraft; and (b) the aircraft to which the part was most recently fitted was operated for a flight with the defect; and (c) the operation of the aircraft for the flight with the defect was permitted by the minimum equipment list for that aircraft. (5) For paragraph (2)(d), the part may be fitted if: (a) for a part on which maintenance has not been carried out since its manufacture, and that has not been used in an aircraft since its manufacture: (i) an authorised release certificate has been issued for the part in relation to its manufacture; or (ii) the fitting of the part is permitted under regulation 42.435 or 42.440; or (b) for a part on which maintenance has been carried out, and that has not been used in an aircraft since the maintenance was carried out: (i) an authorised release certificate has been issued for the part in relation to the maintenance; or (ii) if the maintenance was in-house maintenance--an in-house release document has been issued for the part in relation to the maintenance; or (iii) the fitting of the part is permitted under regulation 42.440; or (c) the fitting of the part is permitted under regulation 42.430. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.425 Obligations and offences for fitting parts other than standard parts Obligation for approved maintenance organisation (1) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation 42.420(1). Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual fits a part that is not a standard part to the aircraft or aeronautical product; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. Obligation for independent maintainer (3) An independent maintainer must: (a) comply with subregulation 42.420(1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual--ensure that the individual complies with subregulation 42.420(1). Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Offences for breach of obligation (4) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she fits a part that is not a standard part to the aircraft; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. (5) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual fits a part that is not a standard part to the aircraft; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. (6) An offence against subregulation (2), (4) or (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.430 Fitting parts removed from aircraft--permission for paragraph 42.420(5)(c) (1) For paragraph 42.420(5)(c), the part may be fitted if: (a) the part is removed from a place on an aircraft; and (b) maintenance is not carried out on the part after its removal from the aircraft; and (c) the part is to be fitted in a different place on the aircraft. (2) For paragraph 42.420(5)(c), the part may be fitted if: (a) the part was removed from a registered aircraft (the first aircraft) by a person who was, at the time the part was removed, permitted under these Regulations to carry out the maintenance that comprises removing the part from the aircraft; and (b) maintenance has not been carried out on the part after its removal from the first aircraft; and (c) for a part that has been stored--the storage was in accordance with the instructions (if any) issued by the manufacturer of the part in relation to storage; and (d) the part is to be fitted to another aircraft (the second aircraft); and (e) the part has not been subjected to: (i) immersion; or (ii) extremes of stress or temperature; and (f) the person responsible for continuing airworthiness for the second aircraft agrees to the fitting of the part to the second aircraft. Note: For paragraph (a), for the definition of registered, see Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.435 Fitting parts fabricated by approved maintenance organisations--permission for subparagraph 42.420(5)(a)(ii) For subparagraph 42.420(5)(a)(ii), the part may be fitted if: (a) the part has been fabricated by an approved maintenance organisation; and (b) the part is to be fitted to an aircraft on which the organisation is carrying out maintenance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.440 Fitting parts for which there is no authorised release certificate--permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii) For subparagraphs 42.420(5)(a)(ii) and (b)(iii), a part of a particular kind may be fitted to an aircraft if: (a) the part is to be fitted by an individual carrying out maintenance on behalf of a Part 145 organisation; and (b) the aircraft is grounded at a location that is not the organisation's main location; and (c) the aircraft is grounded because of a defect in the aircraft that cannot be rectified without fitting a part of that kind; and (d) a part of that kind in respect of which there is an authorised release certificate is not available at that location; and (e) the part is accompanied by a document that: (i) states that the part is serviceable; and (ii) identifies the organisation that issued the document; and (iii) includes details of the national aviation authority under whose authority the document was issued; and (f) the person responsible for continuing airworthiness for the aircraft agrees to the fitting of the part to the aircraft; and (g) an entry is made in the aircraft's flight technical log that, within 36 flight hours after it is fitted: (i) the person responsible for continuing airworthiness for the aircraft must obtain an authorised release certificate for the part; or (ii) the part must be removed. Note: Under regulation 42.165, if an aeronautical product is fitted to an aircraft as permitted by this regulation, the person responsible for continuing airworthiness for the aircraft must, within 36 flight hours after it is fitted, obtain an authorised release certificate for the product or ensure that the product is removed from the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.445 Fitting standard parts (1) An individual who is carrying out maintenance on an aircraft or aeronautical product must not fit a standard part to the aircraft or aeronautical product unless the fitting of the part is permitted under: (a) regulation 42.450; or (b) subregulation (2). (2) For paragraph (1)(b), the standard part may be fitted if: (a) the standard part is serviceable; and (b) the standard part is accompanied by: (i) information that identifies the specification with which the part complies; and (ii) information that allows the part to be traced to its manufacturer; and (c) the standard part is accompanied by evidence that the standard part complies with the specification; and (d) the standard part is eligible to be fitted to the aircraft or the aeronautical product; and (e) if the manufacturer of the standard part has specified a storage life for the part--the storage life for the part has not expired. Obligation for approved maintenance organisation (3) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Offence for breach of obligation (4) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual fits a standard part to the aircraft or aeronautical product; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. Obligation for independent maintainer (5) An independent maintainer must: (a) comply with subregulation (1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual--ensure that the individual complies with subregulation (1). Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Offences for breach of obligation (6) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she fits a standard part to the aircraft; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. (7) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual fits a standard part to the aircraft; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. (8) An offence against subregulation (4), (6) or (7) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.450 Fitting parts removed from same place on aircraft--permission for paragraphs 42.420(1)(a) and 42.445(1)(a) For paragraphs 42.420(1)(a) and 42.445(1)(a), a part may be fitted to a place on an aircraft or aeronautical product if: (a) the part was removed from that place on the aircraft or aeronautical product; and (b) maintenance is not carried out on the part between the removal of the part and its fitting to the aircraft or aeronautical product. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.455 Using materials (1) An individual who is carrying out maintenance must not use a material in or on an aircraft or aeronautical product unless: (a) the material is accompanied by: (i) information that identifies the specification with which the material complies; and (ii) information that allows the material to be traced to its manufacturer; and (iii) evidence that the material complies with the specification; and (b) the material is eligible to be used in or on the aircraft or aeronautical product; and (c) the material appears to be in a satisfactory condition; and (d) if the manufacturer of the material has specified a storage life for the material--the storage life for the material has not expired. Note: For the definition of eligible to be used, see regulation 42.015. Obligation for approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Offence for breach of obligation (3) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual uses a material in the aircraft or aeronautical product; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. Obligation for independent maintainer (4) An independent maintainer must: (a) comply with subregulation (1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual--ensure that the individual complies with subregulation (1). Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Offences for breach of obligation (5) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she uses a material in the aircraft; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. (6) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual uses a material in the aircraft; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. (7) An offence against subregulation (3), (5) or (6) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.460 Control of unserviceable parts (1) If an approved maintenance organisation knows that a part that is not fitted to an aircraft is unserviceable, the organisation must ensure that the steps mentioned in subregulation (3) are taken within 2 days after the organisation first knew that the part was unserviceable. Penalty: 50 penalty units. (2) If an independent maintainer knows that a part that is not fitted to an aircraft is unserviceable, the independent maintainer must take the steps mentioned in subregulation (3) within 2 days after the independent maintainer first knew that the part was unserviceable. Penalty: 50 penalty units. (3) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part's name, part number and serial number (if any); (ii) that the part is unserviceable; (iii) the origin of the part, including information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the independent maintainer or organisation; (iv) the reason that the part is unserviceable; and (b) if the independent maintainer or organisation keeps the part--storing the part separately from serviceable aeronautical products and in a secure location. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.465 Control of unsalvageable parts (1) If an approved maintenance organisation knows that a part that is not fitted to an aircraft is unsalvageable, the organisation must ensure that the steps mentioned in subregulation (3) are taken within 2 days after the organisation first knew that the part was unsalvageable. Penalty: 50 penalty units. (2) If an independent maintainer knows that a part that is not fitted to an aircraft is unsalvageable, the independent maintainer must take the steps mentioned in subregulation (3) within 2 days after the independent maintainer first knew that the part was unsalvageable. Penalty: 50 penalty units. (3) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part's name, part number and serial number (if any); (ii) that the part is unsalvageable; (iii) the origin of the part, including any information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the independent maintainer or organisation; (iv) the reason that the part is unsalvageable; and (b) doing 1 of the following: (i) storing the part separately from serviceable aeronautical products and in a secure location; (ii) if the organisation or independent maintainer is not the owner of the part--giving the part to the owner of the part; (iii) mutilating the part, or arranging for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. (4) If the owner of a part receives the part under subparagraph (3)(b)(ii), the owner must, within 3 days of receiving the part: (a) store the part separately from serviceable aeronautical products and in a secure location; or (b) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.470 Meaning of unapproved for parts A part is unapproved if: (a) the part is counterfeit; or (b) the part has not been approved in a manner mentioned in paragraph 21.305(a), (b), (c) or (e) or regulation 21.305A; or (c) the part: (i) is not a standard part; and (ii) has been produced other than under an authorisation (however described) granted by CASA or an national aviation authority; or (d) maintenance has been carried out on the part other than in accordance with an authorisation (however described) granted by CASA or an national aviation authority; or (e) the part has been modified other than in accordance with a design for which there is a Part 21 approval; or (f) the part: (i) is unserviceable or unsalvageable; and (ii) has been fraudulently represented as serviceable; or (g) the part is accompanied by a fraudulent document. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.475 Control of unapproved parts (1) If a person becomes aware that a part is unapproved, the person must ensure that the steps mentioned in subregulation (2) are taken within 2 days after the person first became aware that the part was unapproved. Penalty: 50 penalty units. (2) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part's name, part number and serial number (if any); (ii) that the part is unapproved; (iii) the origin of the part, including any information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the person; (iv) the reason that the part is unapproved; and (b) storing the part, and any documents that accompanied the part, separately from serviceable aeronautical products and in a secure location; and (c) making a report about the part in accordance with regulation 42.480. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.480 Reporting unapproved parts (1) For paragraph 42.475(2)(c), the person must give a report about the part to: (a) CASA; and (b) if the person knows that the part was fitted to an aircraft or aeronautical product--the type certificate holder or foreign type certificate holder for the aircraft or aeronautical product; and (c) if the person knows that the part was fitted to an aircraft--the person responsible for continuing airworthiness for the aircraft. (2) The report must be made in the approved form. Note: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.485 Action by CASA following report of unapproved parts (1) If CASA receives a report about a part under regulation 42.480, CASA may, by notice in writing: (a) require the person who made the report to give CASA further information in relation to the part within a period specified in the notice; or (b) tell the person who made the report that the part does not have to be kept. (2) The person must comply with a notice under paragraph (1)(a). Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.490 Action required if parts not required to be kept (1) If CASA has given a person a notice under paragraph 42.485(1)(b) in relation to a part, the person must, within 2 days after receiving the notice: (a) if the person is not the owner of the part--give the part to the owner of the part; or (b) store the part, and any documents that accompanied the part, separately from serviceable aeronautical products and in a secure location; or (c) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. (2) If the owner of a part receives the part under paragraph (1)(a), the owner must, within 2 days of receiving the part: (a) store the part separately from serviceable aeronautical products and in a secure location; or (b) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. Subpart 42.F --Subpart 42.F approved maintenance organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.495 Purpose of Subpart This Subpart sets out matters relating to Subpart 42.F organisations, including: (a) requirements for approval as a Subpart 42.F organisation; and (b) requirements that apply to Subpart 42.F organisations. Note: For other matters relating to Subpart 42.F organisations, see the Part 42 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.500 Definitions for Subpart (1) In this Subpart: "accountable manager ", for a Subpart 42.F organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition, each approval rating that it holds, and these Regulations; and (b) ensuring that the organisation is able to finance the provision of the maintenance services set out in its exposition; and (c) ensuring that the organisation has adequate resources available to enable the organisation to provide maintenance services in accordance with its exposition. "approval certificate " means a certificate issued under regulation 42.520. "exposition ", for a Subpart 42.F organisation, means the document that is approved by CASA under regulation 42.515 in relation to the organisation, including: (a) if a change to the document is approved by CASA under regulation 42.540--that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 42.545--the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 42.550--that change. "responsible manager ", for a Subpart 42.F organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. "significant change ", in relation to a Subpart 42.F organisation, has the meaning given by subregulation (2).Note: See regulation 42.015 and the Dictionary for definitions of other terms used in this Subpart. (2) A significant change, in relation to a Subpart 42.F organisation, means any of the following changes: (a) a change to the organisation's name; (b) a change to the location of the organisation's maintenance facility, including the addition of a new maintenance facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) any of the positions of responsible manager in the organisation; (d) a change to the maintenance services provided by the organisation, if the change would require a change to the approval ratings mentioned in the organisation's approval certificate; (e) a change to the organisation's facilities, equipment, tools, materials, procedures or certifying employees that could adversely affect the organisation's ability to provide maintenance services that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.505 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a Subpart 42.F organisation that is approved by CASA under regulation 42.540; or (b) a change to a Subpart 42.F organisation of which CASA is notified under regulation 42.545; or (c) a change to a Subpart 42.F organisation that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 42.550. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.510 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a Subpart 42.F organisation. (2) The application must: (a) be in writing; and (b) be signed by a person who is, or who proposes to be, the applicant's accountable manager. (3) The application must include the following: (a) a copy of the applicant's proposed exposition; (b) the approval rating sought by the applicant for: (i) each kind of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) each kind of specialist maintenance the applicant proposes to provide. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.515 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a Subpart 42.F organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 42 Manual of Standards; and (b) the applicant has facilities, equipment, materials, maintenance data and tools that are suitable for: (i) providing maintenance services for the kinds of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) providing the specialist maintenance that the applicant proposes to provide; and (c) the facilities, equipment, materials, maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 42 Manual of Standards; and (d) the applicant has nominated an individual for the position of accountable manager in the organisation; and (e) the applicant has nominated an individual for each position of responsible manager in the organisation; and (f) each individual nominated for a position mentioned in paragraph (d) or (e) is appropriately qualified to hold the position. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a Subpart 42.F organisation, CASA must determine: (a) the approval rating for each kind of aircraft or aeronautical product for which the applicant is approved to provide maintenance services; and (b) the approval rating for each kind of specialist maintenance that the applicant is approved to provide; and (c) any limitations applying to an approval rating mentioned in paragraph (a) or (b). (3) In approving the applicant, CASA also approves the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.520 Approval certificate (1) If CASA approves an applicant as a Subpart 42.F organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 42.515(2). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a Subpart 42.F organisation under regulation 42.540, CASA may issue a new approval certificate to the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.525 Privileges for Subpart 42.F organisations A Subpart 42.F organisation may provide maintenance services that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.530 Approval subject to conditions It is a condition of approval of a Subpart 42.F organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its exposition; and (ii) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (iii) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (iv) any limitations applying to an approval rating mentioned in subparagraph (ii) or (iii); and (v) the Part 42 Manual of Standards; and (vi) this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). Note 1: The approval is also subject to the conditions set out in Part 11. Note 2: Subpart 11.G empowers CASA to issue directions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.535 Application for approval of significant changes to Subpart 42.F organisations (1) If a Subpart 42.F organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is of the kind mentioned in paragraph 42.500(2)(c); and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval--see regulation 42.530. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.540 Approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a Subpart 42.F organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 42.515(1) will continue to be met. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.545 Changes to Subpart 42.F organisations that are not significant changes (1) A change that is not a significant change to a Subpart 42.F organisation must be made in accordance with the procedure set out in the organisation's exposition for making changes to the organisation that are not significant changes. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.550 CASA may direct Subpart 42.F organisations to change expositions (1) CASA may direct a Subpart 42.F organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 42 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. Note: The Subpart 42.F organisation must comply with the direction--see regulation 42.565. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.555 Provision of maintenance services (1) If a Subpart 42.F organisation provides maintenance services, it must provide the services only in accordance with: (a) its exposition; and (b) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (c) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (d) any limitations applying to an approval rating mentioned in paragraph (b) or (c); and (e) the privileges that apply to the approval rating under the Part 42 Manual of Standards. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.560 Providing employees with exposition (1) If a Subpart 42.F organisation's exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation's exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.565 Complying with directions (1) If CASA gives a direction to a Subpart 42.F organisation under regulation 42.550, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.G --Continuing airworthiness management organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.570 Purpose of Subpart This Subpart sets out matters relating to continuing airworthiness management organisations, including: (a) requirements for approval as a continuing airworthiness management organisation; and (b) requirements that apply to continuing airworthiness management organisations. Note: For other matters relating to a continuing airworthiness management organisation, see the Part 42 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.575 Definitions for Subpart (1) In this Subpart: "accountable manager ", for a continuing airworthiness management organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition, its approval and these Regulations; and (b) ensuring that the organisation is able to finance the provision of the continuing airworthiness management services set out in its exposition; and (c) ensuring that the organisation has adequate resources available to enable the organisation to provide continuing airworthiness management services in accordance with its exposition. "approval certificate " means a certificate issued under regulation 42.595. "continuing airworthiness management service "means any of the following services for an aircraft: (a) ensuring that the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met; (b) the issue of an airworthiness review certificate under Division 42.I.2; (c) the extension of an airworthiness review certificate under Division 42.I.3; (d) the carrying out of an airworthiness review under Division 42.I.4; (e) the approval of: (i) a maintenance program under Division 42.J.2; or (ii) a variation of a maintenance program under Division 42.J.4. "continuing airworthiness manager ", for a continuing airworthiness management organisation that is required by the Part 42 Manual of Standards to have a continuing airworthiness manager, means the individual, appointed by the organisation, who has continuing airworthiness responsibility for the organisation. "continuing airworthiness responsibility ", for a continuing airworthiness management organisation, means responsibility to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to providing continuing airworthiness management services. "exposition ", for a continuing airworthiness management organisation, means the document that is approved by CASA under regulation 42.590 in relation to the organisation, including: (a) if a change to the document is approved by CASA under regulation 42.615--that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 42.620--the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 42.625--that change. "quality manager ", for a continuing airworthiness management organisation that is required by the Part 42 Manual of Standards to have a quality management system, means the individual, appointed by the organisation, who is responsible for the organisation's quality management system. "responsible manager ", for a continuing airworthiness management organisation, means an individual appointed by the organisation to be responsible for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. "significant change ", in relation to a continuing airworthiness management organisation, has the meaning given by subregulation (2).Note: See regulation 42.015 and the Dictionary for definitions of other terms used in this Subpart. (2) A significant change, in relation to a continuing airworthiness management organisation, means any of the following changes: (a) a change to the organisation's name; (b) a change to the location of the organisation's continuing airworthiness management facility, including the addition of a new facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) any of the positions of responsible manager in the organisation; or (iii) the position of continuing airworthiness manager (if any) in the organisation; or (iv) the position of quality manager (if any) in the organisation; (d) a change to: (i) the aircraft types and models for which the organisation provides continuing airworthiness management services; or (ii) the kinds of continuing airworthiness management services that the organisation provides for each aircraft type and model; (e) a change to the organisation's facilities, equipment, procedures or personnel that could adversely affect the organisation's ability to provide the continuing airworthiness management services that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.580 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a continuing airworthiness management organisation that is approved by CASA under regulation 42.615; or (b) a change to a continuing airworthiness management organisation of which CASA is notified under regulation 42.620; or (c) a change to a continuing airworthiness management organisation that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 42.625. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.585 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a continuing airworthiness management organisation. (2) The application must: (a) be in writing; and (b) be signed by a person who is, or who proposes to be, the applicant's accountable manager. (3) The application must include the following: (a) a copy of the applicant's proposed exposition; (b) information showing that each individual nominated for a position of accountable manager or responsible manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (c) if the organisation is required by the Part 42 Manual of Standards to have a continuing airworthiness manager--information showing that the individual nominated for the position of continuing airworthiness manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (d) if the organisation is required by the Part 42 Manual of Standards to have a quality management system--information showing that the individual nominated for the position of quality manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (e) the aircraft types and models for which the applicant proposes to provide continuing airworthiness management services; (f) the kinds of continuing airworthiness management services that the applicant proposes to provide for each aircraft type and model. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.590 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a continuing airworthiness management organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 42 Manual of Standards; and (b) the applicant has facilities, equipment, personnel and instructions for continuing airworthiness: (i) that are suitable for the continuing airworthiness management services that the applicant proposes to provide; and (ii) that comply with the requirements specified in the Part 42 Manual of Standards; and (c) the applicant has nominated an individual for the position of accountable manager in the organisation; and (d) the applicant has nominated an individual for each position of responsible manager in the organisation; and (e) if the applicant is required by the Part 42 Manual of Standards to have a continuing airworthiness manager--the applicant has nominated an individual for the position of continuing airworthiness manager in the organisation; and (f) if the applicant is required by the Part 42 Manual of Standards to have a quality management system: (i) the applicant has a quality management system that complies with the requirements specified in the Part 42 Manual of Standards; and (ii) the applicant has nominated an individual for the position of quality manager in the organisation; and (iii) the individual nominated for the position of quality manager is not also nominated for the position of accountable manager, continuing airworthiness manager (if any) or responsible manager; and (g) each individual nominated for a position mentioned in paragraph (c), (d) or (e) or subparagraph (f)(ii) holds the qualifications specified for the position in the Part 42 Manual of Standards. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a continuing airworthiness management organisation, CASA must determine: (a) the aircraft types and models for which the applicant is approved to provide continuing airworthiness management services; and (b) the kinds of continuing airworthiness management services that the applicant is approved to provide for each permitted aircraft type and model; and (c) any limitations applying to the approval. (3) In approving the applicant, CASA also approves the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.595 Approval certificate (1) If CASA approves an applicant as a continuing airworthiness management organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 42.590(2). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a continuing airworthiness management organisation under regulation 42.615, CASA may issue a new approval certificate to the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.600 Privileges for continuing airworthiness management organisations A continuing airworthiness management organisation may provide continuing airworthiness management services that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.605 Approval subject to conditions It is a condition of approval of a continuing airworthiness management organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its exposition; and (ii) its approval, including any limitations applying to the approval; and (iii) the Part 42 Manual of Standards; and (iv) this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). Note 1: The approval is also subject to the conditions set out in Part 11. Note 2: Subpart 11.G empowers CASA to issue directions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.610 Application for approval of significant changes to continuing airworthiness management organisations (1) If a continuing airworthiness management organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is of the kind mentioned in paragraph 42.575(2)(c); and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval--see regulation 42.605. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.615 Approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a continuing airworthiness management organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 42.590(1) will continue to be met. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.620 Changes to continuing airworthiness management organisations that are not significant changes (1) A change that is not a significant change to a continuing airworthiness management organisation must be made in accordance with the procedure set out in the organisation's exposition for making changes to the organisation that are not significant changes. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.625 CASA may direct continuing airworthiness management organisations to change expositions (1) CASA may direct a continuing airworthiness management organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 42 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. Note: The continuing airworthiness management organisation must comply with the direction--see regulation 42.665. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.630 When pilot licence holders and flight engineers may be authorised (1) A continuing airworthiness management organisation may issue an authorisation to provide specified maintenance services for a large aircraft or an aircraft that is authorised to operate under an AOC to a pilot licence holder or a flight engineer if: (a) for an aircraft for which the continuing airworthiness management organisation is not the registered operator--the registered operator of the aircraft asks the organisation to issue the authorisation; and (b) the organisation is responsible for providing continuing airworthiness management services for the aircraft; and (c) the requirements mentioned in subregulation (2) are met. (2) The requirements are that: (a) the maintenance to be carried out by the pilot licence holder or flight engineer under the authorisation is specified in the Part 42 Manual of Standards for items 4 and 5 of table 42.300; and (b) the pilot licence holder or flight engineer is at least 21; and (c) the authorisation is for a type and model of aircraft: (i) that the pilot licence holder is authorised, under Part 61, to fly; or (ii) in relation to which the flight engineer is authorised, under Part 61, to perform the duties of flight engineer; and (d) the pilot licence holder or flight engineer has a written statement from a Part 145 organisation or a maintenance training organisation to the effect that: (i) the pilot licence holder or flight engineer has been trained and assessed in the maintenance mentioned in paragraph (a); and (ii) the pilot licence holder or flight engineer is competent to carry out the maintenance; and (e) at the time the organisation issues the authorisation, the organisation is satisfied that the pilot licence holder or flight engineer: (i) is competent to carry out the maintenance mentioned in paragraph (a); and (ii) has comprehensive knowledge of the requirements of Subparts 42.D, 42.E and 42.H; and (iii) has comprehensive knowledge of the continuing airworthiness records system for the aircraft in relation to performing maintenance certification and issuing certificates of release to service. (3) The authorisation must: (a) be in writing; and (b) be signed by the responsible manager in the organisation who is responsible for ensuring that the organisation complies with its exposition and these Regulations in relation to authorisations under this regulation; and (c) include the following information: (i) the name of the continuing airworthiness management organisation; (ii) the name and licence number of the pilot licence holder or flight engineer being authorised; (iii) the maintenance services that the pilot licence holder or flight engineer is authorised to provide; (iv) the date that the authorisation is issued; (v) the period for which the authorisation is in force; (vi) the aircraft for which the authorisation is issued; (vii) the name of the registered operator of the aircraft. (4) The period for which the authorisation is in force: (a) must not exceed 2 years; and (b) must not include a period before the date that the authorisation is issued. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.635 Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft (1) This regulation applies if: (a) a continuing airworthiness management organisation has issued an authorisation under regulation 42.630 to a pilot licence holder or a flight engineer to provide maintenance services for an aircraft; and (b) the organisation ceases to be responsible for providing continuing airworthiness management services for the aircraft. (2) The authorisation ceases to be in force at the time the organisation ceases to be responsible for providing continuing airworthiness management services for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.640 Directions in relation to authorisations (1) If CASA is satisfied that, when an authorisation was issued under regulation 42.630, a requirement mentioned in subregulation 42.630(1) or (2) was not met, CASA may give the continuing airworthiness management organisation that issued the authorisation a direction: (a) to make a change to the authorisation; or (b) to cancel the authorisation. (2) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. Note: The continuing airworthiness management organisation must comply with the direction--see regulation 42.665. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.645 Notice of cancellation of authorisation (1) If a continuing airworthiness management organisation cancels an authorisation issued under regulation 42.630, the organisation must give the holder of the authorisation notice in writing of the cancellation, including the date on which the cancellation takes effect. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.650 Provision of continuing airworthiness management services (1) If a continuing airworthiness management organisation provides continuing airworthiness management services it must provide the services only in accordance with: (a) its exposition; and (b) its approval, including any limitations applying to the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.655 Providing employees with exposition (1) If a continuing airworthiness management organisation's exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation's exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.660 Copies of authorisations and records (1) If a continuing airworthiness management organisation issues an authorisation under regulation 42.630 in relation to an aircraft, the organisation must, within 14 days after issuing the authorisation, give a copy of the authorisation to the registered operator of the aircraft. Penalty: 50 penalty units. (2) The continuing airworthiness management organisation must retain a copy of the authorisation for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (3) The organisation must keep any record evidencing the matters mentioned in paragraph 42.630(2)(e) in relation to an authorisation under regulation 42.630 for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.665 Complying with directions (1) If CASA gives a direction to a continuing airworthiness management organisation under regulation 42.625 or 42.640, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.670 Giving information in accordance with contract If: (a) a continuing airworthiness management organisation enters into a contract with the registered operator of an aircraft as mentioned in regulation 42.040 or 42.045; and (b) the organisation has information about the continuing airworthiness of the aircraft that relates to a matter mentioned in paragraph 42.050(2)(d); the organisation must give the information to the registered operator in accordance with the contract. Penalty: 50 penalty units. Note: See regulation 42.055 for the requirement for the registered operator of an aircraft to give information to the continuing airworthiness management organisation for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.675 Notice of contravention of Part to be given to CASA (1) If: (a) a continuing airworthiness management organisation enters into a contract with the registered operator of an aircraft as mentioned in regulation 42.040 or 42.045; and (b) the organisation has reasonable grounds to believe that the registered operator has contravened a provision of this Part; the organisation must give CASA written notice of the contravention within 7 days after the organisation forms the belief that the contravention has occurred. Penalty: 50 penalty units. (2) If the organisation is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty. (3) However: (a) the information in the notice; or (b) any information, document or thing obtained as a direct or indirect consequence of giving the notice; is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code. Note 1: Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents. Note 2: See regulation 42.075 for the equivalent requirement for a registered operator. Subpart 42.H --Maintenance certification and certificate of release to service CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.680 Purpose of Subpart This Subpart sets out requirements for the performance of maintenance certification and the issue of certificates of release to service when maintenance has been carried out. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.685 Application of Division This Division applies if an individual carries out maintenance on an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.690 Approved maintenance organisations (1) If the maintenance is carried out by an individual on behalf of an approved maintenance organisation, the organisation must ensure that maintenance certification for the maintenance is performed on behalf of the organisation: (a) by an individual mentioned in subregulation (2); and (b) before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (2) For paragraph (1)(a), the individual must be a certifying employee of the organisation: (a) whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and (b) who carried out the maintenance, or supervised the carrying out of the maintenance by another individual. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.695 Individuals performing maintenance certification on behalf of approved maintenance organisations Obligation (1) An individual must not perform maintenance certification for the maintenance on behalf of an approved maintenance organisation unless: (a) he or she is a certifying employee of the organisation whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and (b) he or she carried out the maintenance, or supervised the carrying out of the maintenance by another individual. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she performs maintenance certification for the maintenance on behalf of an approved maintenance organisation; and (b) either: (i) at the time of performing the maintenance certification, he or she is not a certifying employee of the organisation whose certification authorisation permits him or her to perform the maintenance certification; or (ii) he or she did not carry out the maintenance, or supervise the carrying out of the maintenance by another individual. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.700 Independent maintainers (1) If the maintenance is carried out by an independent maintainer, the independent maintainer must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (2) If the maintenance is carried out by an individual mentioned in item 2 of table 42.300, the independent maintainer who supervised the carrying out of the maintenance must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (3) An offence against subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.705 Requirements to be met by individuals before performing maintenance certification Obligation (1) An individual must not perform maintenance certification for the maintenance unless he or she has ensured that: (a) the maintenance has been carried out in accordance with: (i) this Part; and (ii) Part 145, if applicable; and (b) the information required by regulation 42.395 for the maintenance has been recorded. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she performs maintenance certification; and (b) he or she did not comply with subregulation (1) before performing the maintenance certification. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.710 Requirements to be met by organisations before performing maintenance certification Obligation (1) An approved maintenance organisation must ensure that an individual who performs maintenance certification on its behalf complies with subregulation 42.705(1). Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual performs maintenance certification on its behalf; and (b) the individual did not comply with subregulation 42.705(1) before performing the maintenance certification. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.715 How maintenance certification is performed To perform maintenance certification for the maintenance, an individual must: (a) sign the record that contains the information required by regulation 42.395 for the maintenance; and (b) record, in that record: (i) the date of the maintenance certification; and (ii) if he or she carried out the maintenance on behalf of an approved maintenance organisation--his or her certification authorisation number; and (iii) if he or she did not carry out the maintenance on behalf of an approved maintenance organisation--his or her aircraft engineer licence number, pilot licence number or flight engineer licence number. Note: The information required under regulation 42.395 about maintenance, and the maintenance certification for the maintenance, together constitute the maintenance record for the maintenance--see the definition of maintenance record in regulation 42.015. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.720 Application of Division This Division applies if an individual carries out maintenance on an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.725 Requirement not to release aircraft without certificate of release to service Obligation--approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must not release the aircraft to another person unless the organisation has issued a certificate of release to service for the aircraft in relation to the maintenance. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft on behalf of the organisation; and (b) the organisation has not issued a certificate of release to service for the aircraft in relation to the maintenance; and (c) the organisation releases the aircraft to another person. Penalty: 50 penalty units. Obligation--independent maintainer (3) If an independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual, the independent maintainer must not release the aircraft to another person unless the independent maintainer has issued a certificate of release to service for the aircraft in relation to the maintenance. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). Offence for breach of obligation (4) An independent maintainer commits an offence if: (a) the independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer has not issued a certificate of release to service for the aircraft in relation to the maintenance; and (c) the independent maintainer releases the aircraft to another person. Penalty: 50 penalty units. (5) An offence against subregulation (2) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.730 Approved maintenance organisations (1) If maintenance was carried out on an aircraft on behalf of an approved maintenance organisation, the organisation may issue a certificate of release to service for the aircraft in relation to the maintenance. (2) If an approved maintenance organisation issues a certificate of release to service for the aircraft in relation to the maintenance, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is a certifying employee of the organisation; and (b) whose certification authorisation permits him or her to issue the certificate for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.735 Individuals issuing certificates of release to service on behalf of approved maintenance organisations Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft unless: (a) he or she is a certifying employee of the organisation; and (b) his or her certification authorisation permits him or her to issue the certificate for the aircraft in relation to the maintenance. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft; and (b) at the time of issuing the certificate: (i) he or she is not a certifying employee of the organisation; or (ii) he or she is a certifying employee of the organisation, but his or her certification authorisation does not permit him or her to issue the certificate for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.740 Independent maintainers (1) If an independent maintainer carries out maintenance on an aircraft, the independent maintainer may issue a certificate of release to service for the aircraft in relation to the maintenance. (2) If an individual mentioned in item 2 of table 42.300 carries out maintenance on an aircraft, the independent maintainer who supervised the carrying out of the maintenance may issue a certificate of release to service for the aircraft in relation to the maintenance. Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation 42.300(2). (3) An independent maintainer commits an offence if: (a) the independent maintainer issues a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; and (b) the issuing of the certificate by the independent maintainer is not permitted by subregulation (1) or (2). Penalty: 50 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.745 Requirements to be met before certificate of release to service may be issued The following are the requirements for the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft: (a) the certificate complies with regulation 42.760; (b) the information entered into the certificate is correct; (c) maintenance certification has been performed for all of the maintenance; (d) if the maintenance included critical control system maintenance--the information mentioned in subregulation 42.345(3) has been recorded in the continuing airworthiness records system for the aircraft in relation to the critical control system maintenance; (e) in respect of the maintenance, the aircraft is airworthy; (f) if there is a defect in the aircraft, and the rectification of the defect has not been deferred in accordance with Subdivision 42.D.6.1: (i) the certificate includes details of the defect; and (ii) the person responsible for continuing airworthiness for the aircraft has been notified that: (A) the certificate is to be issued; and (B) there is a defect in the aircraft, and the rectification of the defect has not been deferred in accordance with Subdivision 42.D.6.1; (g) if maintenance requested for the aircraft (other than the rectification of a defect mentioned in paragraph (f)) has not been carried out: (i) the certificate includes details of the maintenance that has not been carried out; and (ii) the person responsible for continuing airworthiness for the aircraft has been notified that: (A) the certificate is to be issued; and (B) maintenance requested for the aircraft (other than the rectification of a defect mentioned in paragraph (f)) has not been carried out. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.750 Requirements to be met by approved maintenance organisations before issuing certificate of release to service Obligation (1) An approved maintenance organisation must ensure that an individual does not issue a certificate of release to service on its behalf for an aircraft in relation to maintenance carried out on the aircraft unless the requirements mentioned in regulation 42.745 are met. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual issues a certificate of release to service on its behalf for an aircraft in relation to maintenance carried out on the aircraft; and (b) a requirement mentioned in regulation 42.745 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.755 Requirements to be met by individuals before issuing certificate of release to service Obligation (1) An individual must not issue a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft unless the requirements mentioned in regulation 42.745 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; and (b) a requirement mentioned in regulation 42.745 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.760 Form and content of certificate of release to service (1) A document is a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft only if it includes the following information: (a) information identifying the certificate as a certificate of release to service; (b) the aircraft's registration mark; (c) if the maintenance was carried out by an approved maintenance organisation--the organisation's approval certificate reference number and the certification authorisation number of the employee issuing the certificate; (d) if the maintenance was not carried out by an approved maintenance organisation--the name and aircraft engineer licence number, pilot licence number or flight engineer licence number of the individual issuing the certificate. (2) The certificate must be included in the flight technical log for the aircraft on which the maintenance was carried out. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.765 How certificate of release to service is issued To issue a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft, an individual must: (a) sign the certificate; and (b) record the date and time of issue on the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.770 Retaining copy of certificate of release to service (1) If a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft is issued on behalf of an approved maintenance organisation, the organisation must ensure that a copy of the certificate is retained for 1 year beginning on the date the certificate is issued. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.775 Application of Division This Division applies if an individual carries out maintenance on an aeronautical product on behalf of an approved maintenance organisation. Note 1: Maintenance certification is not required for maintenance carried out on aeronautical products. Note 2: Under regulation 42.305, only approved maintenance organisations and individuals carrying out maintenance on behalf of approved maintenance organisations are permitted to carry out maintenance on aeronautical products. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.780 Requirement not to release aeronautical product without certificate of release to service Obligation (1) If an individual carries out maintenance on an aeronautical product on behalf of an approved maintenance organisation, the organisation must not release the product for use in an aircraft or another aeronautical product unless the organisation has issued a certificate of release to service for the aeronautical product in relation to the maintenance. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aeronautical product on behalf of the organisation; and (b) the organisation has not issued a certificate of release to service for the aeronautical product in relation to the maintenance; and (c) the organisation releases the product for use in an aircraft or another aeronautical product. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.785 Approved maintenance organisations (1) If maintenance was carried out on an aeronautical product on behalf of an approved maintenance organisation, the organisation may issue a certificate of release to service for the aeronautical product in relation to the maintenance. (2) If an approved maintenance organisation issues a certificate of release to service for the product in relation to the maintenance, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is a certifying employee of the organisation; and (b) whose certification authorisation permits him or her to issue the certificate for the product in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.790 Individuals issuing certificates of release to service on behalf of approved maintenance organisations Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product unless: (a) he or she is a certifying employee of the organisation; and (b) his or her certification authorisation permits him or her to issue the certificate for the product in relation to the maintenance. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product; and (b) at the time of issuing the certificate: (i) he or she is not a certifying employee of the organisation; or (ii) he or she is a certifying employee of the organisation, but his or her certification authorisation does not permit him or her to issue the certificate for the product in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.795 Requirements to be met before certificate of release to service may be issued The following are the requirements for the issue of a certificate of release to service for an aeronautical product in relation to maintenance carried out on the product: (a) the information entered into the certificate for the maintenance is correct; (b) the maintenance is complete; (c) the maintenance was carried out in accordance with: (i) this Part; and (ii) Part 145, if applicable; (d) in respect of the maintenance, the product is serviceable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.800 Requirements to be met by approved maintenance organisations before issuing certificate of release to service Obligation (1) An approved maintenance organisation must ensure that an individual does not issue a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual issues a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product; and (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.805 Requirements to be met by individuals before issuing certificate of release to service Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product; and (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.810 Form of certificate of release to service Maintenance that is not in-house maintenance (1) A document is a certificate of release to service for an aeronautical product in relation to maintenance: (a) that is carried out on the product; and (b) that is not in-house maintenance; only if the document is in the approved form. Note: Under regulation 11.018, a certificate of release to service in the approved form is not complete unless it contains all of the information required by the form. In-house maintenance (2) A document is a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on the aeronautical product only if the document is: (a) in the approved form; or (b) in the form of an in-house release document. Note 1: Under regulation 11.018, a certificate of release to service in the approved form is not complete unless it contains all of the information required by the form. Note 2: For the definition of in-house release document, see Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.815 How certificate of release to service is issued To issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product, an individual must: (a) sign the certificate; and (b) record the date of issue on the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.820 Additional record for certificate of release to service issued as in-house release document (1) This regulation applies if a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on the product is issued in the form of an in-house release document. (2) The Part 145 organisation that carried out the in-house maintenance must: (a) ensure that a record is made that contains the information that, if the certificate was issued in the approved form, would have been recorded on the approved form; and (b) retain the record until the end of 2 years after the date the organisation fits the aeronautical product to an aircraft or another aeronautical product. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For the definition of in-house release document, see Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.825 Dealing with certificate of release to service (1) If an approved maintenance organisation issues a certificate of release to service for an aeronautical product in relation to maintenance carried out on the product, the organisation must: (a) give the certificate to the person to whom the product is released for use in an aircraft or another aeronautical product; and (b) retain a copy of the certificate for 2 years beginning on the date the certificate is issued. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.I --Airworthiness reviews and airworthiness review certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.830 Application of Subpart This Subpart applies to an aircraft: (a) that is authorised to operate under an AOC; or (b) that is a large aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.835 Purpose of Subpart This Subpart sets out: (a) requirements in relation to airworthiness review certificates and airworthiness reviews for aircraft operating under an AOC and large aircraft; and (b) the relationship between an airworthiness review certificate and a certificate of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.840 Who may issue airworthiness review certificate (1) The continuing airworthiness management organisation for an aircraft may issue an airworthiness review certificate for the aircraft. (2) If a continuing airworthiness management organisation issues an airworthiness review certificate for the aircraft, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is an airworthiness review employee of the organisation; and (b) whose authorisation as an airworthiness review employee permits the employee to issue an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.845 Requirements to be met for issue of airworthiness review certificate The following are the requirements for the issue of an airworthiness review certificate for an aircraft: (a) the information entered into the certificate is correct; (b) an airworthiness review employee of the continuing airworthiness management organisation for the aircraft has carried out an airworthiness review for the aircraft in accordance with regulation 42.900; (c) a record of the findings of the review has been made in accordance with regulation 42.905; (d) any corrective action that was necessary to ensure that the requirements of subregulations 42.900(2) and (3) are met for the aircraft has been taken; (e) a record of action mentioned in paragraph (d) has been made in accordance with regulation 42.910; (f) the aircraft is airworthy. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.850 Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not issue an airworthiness review certificate on its behalf for an aircraft unless the requirements mentioned in regulation 42.845 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual issues an airworthiness review certificate on its behalf for an aircraft; and (b) a requirement mentioned in regulation 42.845 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.855 Requirements to be met by individuals before issuing airworthiness review certificate Obligation (1) An individual must not issue an airworthiness review certificate for an aircraft unless the requirements mentioned in regulation 42.845 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues an airworthiness review certificate for an aircraft; and (b) a requirement mentioned in regulation 42.845 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.860 Form of airworthiness review certificate A document is an airworthiness review certificate only if it is in the approved form. Note: Under regulation 11.018, an airworthiness review certificate in the approved form is not complete unless it contains all of the information required by the form. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.865 How airworthiness review certificate is issued To issue an airworthiness review certificate for an aircraft, an individual must: (a) sign the certificate; and (b) record the date of issue and date of expiry on the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.870 How long airworthiness review certificate remains in force An airworthiness review certificate remains in force: (a) for 1 year beginning on the day it is issued; and (b) if the time for which it is in force is extended under Division 42.I.3--until the end of the time for which it is in force is extended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.875 Who may extend airworthiness review certificate (1) The continuing airworthiness management organisation for an aircraft may extend the time for which an airworthiness review certificate for the aircraft is in force if the organisation: (a) issued the certificate; and (b) has been the continuing airworthiness management organisation for the aircraft since the date of issue of the certificate. (2) A continuing airworthiness management organisation commits an offence if: (a) it extends the time for which an airworthiness review certificate is in force; and (b) the extension is not permitted by subregulation (1). Penalty: 50 penalty units. (3) If a continuing airworthiness management organisation extends the time for which an airworthiness review certificate is in force, the organisation must ensure that the time for which the certificate is in force is extended on behalf of the organisation by an individual: (a) who is an airworthiness review employee of the organisation; and (b) whose authorisation as an airworthiness review employee permits the employee to issue an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.880 Requirements to be met for extension of airworthiness review certificate (1) This regulation sets out the requirements for extending the time for which an airworthiness review certificate for an aircraft is in force. (2) The time for which the certificate is in force may be extended only within the period of 90 days before the certificate is due to expire. (3) The time for which the certificate is in force is to be extended must be no more than 1 year starting immediately after the certificate is due to expire. (4) The time for which the certificate is in force may be extended no more than twice. (5) The aircraft must be airworthy. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.885 Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not extend an airworthiness review certificate on its behalf for an aircraft unless the requirements mentioned in regulation 42.880 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual extends an airworthiness review certificate on its behalf for an aircraft; and (b) a requirement mentioned in regulation 42.880 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.890 Requirements to be met by individuals before extending airworthiness review certificate Obligation (1) An individual must not extend an airworthiness review certificate for an aircraft unless the requirements mentioned in regulation 42.880 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she extends an airworthiness review certificate for an aircraft; and (b) a requirement mentioned in regulation 42.880 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.895 How airworthiness review certificate is extended To extend the time for which an airworthiness review certificate is in force, an individual must: (a) sign the certificate; and (b) record on the certificate the date of the extension and the new date of expiry of the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.900 Airworthiness review procedure (1) This regulation sets out the procedure for carrying out an airworthiness review for an aircraft. (2) An airworthiness review employee of the continuing airworthiness management organisation for the aircraft must examine the continuing airworthiness records for the aircraft to determine whether the following requirements are met: (a) the details of the utilisation of the airframe, engine and propeller of the aircraft have been recorded in accordance with regulation 42.190; (b) maintenance required by the maintenance program for the aircraft has been carried out in accordance with the maintenance program; (c) critical control system maintenance recorded in the records has been dealt with in accordance with Division 42.D.5; (d) defects in the aircraft have been rectified in accordance with regulation 42.115; (e) if the rectification of defects in the aircraft have been deferred--the deferral was in accordance with Subdivision 42.D.6.1; (f) the requirements mentioned in paragraph 39.002(b), (c) or (d) have been complied with for each airworthiness directive: (i) that applies to the aircraft or an aeronautical product fitted to the aircraft; and (ii) from the operation of which the aircraft or aeronautical product is not excluded under paragraph 39.004(2)(b) or (3)(b); (g) if a modification has been made to the aircraft--there is a Part 21 approval for the design of the modification; (h) for each aeronautical product that is fitted to the aircraft and has a life limit, the records: (i) correctly identify the aeronautical product; and (ii) show that the aeronautical product has not exceeded its life limit at the time the airworthiness review is carried out; (j) the following information for the aircraft is recorded in the records and is up to date: (i) the empty weight of the aircraft; (ii) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration; (k) the aircraft complies with its approved design. Note: For paragraph (j), the empty weight of the aircraft, and the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration, must be determined in accordance with the method set out in Civil Aviation Order 100.7--see regulation 42.185. (3) The airworthiness review employee must carry out a survey of the aircraft to determine whether the following requirements are met: (a) markings that are required, by or under these Regulations or by the aircraft's type certification basis, to be on the aircraft: (i) are correct; and (ii) are in the correct position on the aircraft; (b) placards that are required, by or under these Regulations or by the aircraft's type certification basis, to be fitted to the aircraft are correctly fitted; (c) the configuration of the aircraft complies with the aircraft's approved design; (d) any defect in the aircraft that is apparent to the employee is recorded in the continuing airworthiness records system for the aircraft; (e) the aircraft's flight manual is up to date and reflects the aircraft's configuration; (f) the condition of the aircraft is consistent with the continuing airworthiness records for the aircraft. Note 1: For paragraph (a), see Parts 45 and 90 and the Part 90 Manual of Standards. Note 2: For paragraph (b), see Part 90 and the Part 90 Manual of Standards. Note 3: For paragraph (e), for the definition of flight manual, see Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.905 Record of findings of airworthiness review (1) If an airworthiness review employee of a continuing airworthiness management organisation has carried out an airworthiness review for an aircraft, the organisation must comply with subregulation (2) before the organisation issues an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (2) The organisation must ensure that the findings of the review, including whether the requirements of subregulations 42.900(2) and (3) are met for the aircraft, are recorded in writing. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.910 Record of corrective action taken (1) If a continuing airworthiness management organisation takes corrective action to ensure that the requirements of subregulations 42.900(2) and (3) are met for an aircraft, the organisation must ensure that the action taken is recorded in writing before the organisation issues an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.915 Retaining records relating to airworthiness review certificates (1) If a continuing airworthiness management organisation issues an airworthiness review certificate for an aircraft, the organisation must retain: (a) the record mentioned in subregulation 42.905(2) for the aircraft; and (b) the record mentioned in subregulation 42.910(1) for the aircraft (if any); and (c) a copy of the certificate; for 3 years beginning on the date of issue of the certificate. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.920 Documents to be sent to CASA and registered operator (1) If a continuing airworthiness management organisation for an aircraft issues an airworthiness review certificate for the aircraft, the organisation must give a copy of the certificate to the following persons within 10 days after issuing the certificate: (a) CASA; (b) if the organisation is not the registered operator of the aircraft--the registered operator. Penalty: 50 penalty units. (2) If the organisation extends the time for which the certificate is in force, the organisation must give a copy of the certificate, with the extension recorded on it, to the following persons within 10 days after extending the time for which the certificate is in force: (a) CASA; (b) if the organisation is not the registered operator of the aircraft--the registered operator. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.925 Notice of decision not to issue airworthiness review certificate (1) If: (a) an airworthiness review employee of the continuing airworthiness management organisation for an aircraft carries out an airworthiness review for an aircraft; and (b) the organisation decides not to issue an airworthiness review certificate for the aircraft because a requirement mentioned in paragraph 42.845(d) or (f) is not met; the organisation must, within 2 days after making the decision, notify the persons mentioned in subregulation (2) of the decision and the reasons for the decision. Penalty: 50 penalty units. (2) The organisation must notify: (a) CASA; and (b) if the organisation is not the registered operator of the aircraft--the registered operator. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.930 Relationship with certificate of airworthiness (1) If the certificate of airworthiness for an aircraft stops being in force under subregulation 21.181(4), expires or is cancelled, the airworthiness review certificate for the aircraft ceases to be in force at the same time as the certificate of airworthiness stops being in force, expires or is cancelled. (2) If the certificate of airworthiness for an aircraft is suspended under regulation 21.181, the airworthiness review certificate for the aircraft is suspended for the same period as the certificate of airworthiness is suspended. Subpart 42.J --Approval of maintenance programs and variations of approved maintenance programs CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.935 Purpose of Subpart This Subpart sets out the process and requirements for: (a) approval of maintenance programs; and (b) approval of variations of approved maintenance programs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.940 Circumstances in which continuing airworthiness management organisations may approve proposed maintenance program (1) The continuing airworthiness management organisation for an aircraft may approve a proposed maintenance program for an aircraft if: (a) the aircraft is not authorised to operate under an air transport AOC; and (b) the organisation's approval under Subpart 42.G permits it to approve proposed maintenance programs under this Division for that type and model of aircraft. (2) If a continuing airworthiness management organisation approves a proposed maintenance program for an aircraft, the organisation must ensure that the program is approved on behalf of the organisation by an individual: (a) who is a maintenance program approval employee of the organisation; and (b) whose authorisation as a maintenance program approval employee permits the employee to approve a maintenance program for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note 1: The continuing airworthiness management organisation for an aircraft may apply to CASA for approval of a proposed maintenance program for the aircraft--see subregulation 42.970(1). Note 2: In some circumstances, the continuing airworthiness management organisation for an aircraft must apply to CASA for approval of a proposed maintenance program for the aircraft--see subregulation 42.970(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.945 Requirements for approval of maintenance programs The following are the requirements for the approval of a proposed maintenance program for an aircraft by the continuing airworthiness management organisation for the aircraft: (a) the program complies with the requirements in the instructions for continuing airworthiness for the aircraft, and for aeronautical products fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; (b) the program complies with the requirements specified in the Part 42 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.950 Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not approve a proposed maintenance program for an aircraft on its behalf unless the requirements mentioned in regulation 42.945 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual approves a proposed maintenance program for an aircraft on its behalf; and (b) a requirement mentioned in regulation 42.945 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.955 Requirements to be met by individuals before approving proposed maintenance programs Obligation (1) An individual must not approve a proposed maintenance program for an aircraft unless the requirements mentioned in regulation 42.945 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she approves a proposed maintenance program for an aircraft; and (b) a requirement mentioned in regulation 42.945 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.960 How approval is given To approve a proposed maintenance program for an aircraft, an individual must: (a) make a record that: (i) identifies the maintenance program to which it relates; and (ii) includes a statement to the effect that the maintenance program is approved; and (iii) includes the name and approval certificate reference number of the continuing airworthiness management organisation for the aircraft; and (b) sign and date the record. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.965 Record-keeping requirements (1) If a continuing airworthiness management organisation approves a proposed maintenance program, the organisation must retain, for the period during which the approved maintenance program is in effect, a copy of the following documents: (a) the approved maintenance program; (b) the record of the approval; (c) any other documents that support the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.970 Application to CASA for approval of maintenance programs (1) The person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a proposed maintenance program for the aircraft. (2) The person responsible for continuing airworthiness for an aircraft must apply to CASA for approval of a proposed maintenance program for the aircraft if: (a) the proposed maintenance program does not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; or (b) the person responsible for continuing airworthiness for the aircraft is a continuing airworthiness management organisation, but its approval under Subpart 42.G does not permit it to approve proposed maintenance programs under Division 42.J.2 for that type and model of aircraft; or (c) the aircraft is authorised to operate under an air transport AOC. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.975 Form of application An application to CASA for approval of a proposed maintenance program must: (a) be in writing; and (b) include a copy of the program; and (c) if the program does not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis--include the technical justification for the non-compliance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.980 Approval of maintenance programs by CASA Subject to regulation 11.055, CASA must approve a proposed maintenance program for an aircraft if CASA is satisfied that the program: (a) complies with the requirements specified in the Part 42 Manual of Standards; and (b) adequately provides for the continuing airworthiness of the aircraft. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.985 Circumstances in which continuing airworthiness management organisations may approve proposed variations (1) The continuing airworthiness management organisation for an aircraft may approve a proposed variation of the approved maintenance program for the aircraft if the organisation's approval under Subpart 42.G permits it to approve proposed variations of maintenance programs under this Division for that type and model of aircraft. (2) If a continuing airworthiness management organisation approves a proposed variation of an approved maintenance program for an aircraft, the organisation must ensure that the program is approved on behalf of the organisation by an individual: (a) who is a maintenance program approval employee of the organisation; and (b) whose authorisation as a maintenance program approval employee permits the employee to approve a maintenance program for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note 1: The continuing airworthiness management organisation for an aircraft may apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft--see subregulation 42.1015(1). Note 2: In some circumstances, a continuing airworthiness management organisation for an aircraft must apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft--see subregulation 42.1015(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.990 Requirements to be met for approval of variations of maintenance programs The following are the requirements for the approval of a variation of a proposed maintenance program for an aircraft by the continuing airworthiness management organisation for the aircraft: (a) the program, as varied by the proposed variation, would comply with the requirements in the instructions for continuing airworthiness for the aircraft, and for aeronautical products fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; (b) the approved maintenance program for the aircraft, as varied by the proposed variation, would comply with the requirements specified in the Part 42 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.995 Requirements to be met by continuing airworthiness management organisations before approving proposed variations Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not approve a proposed variation to an approved maintenance program for an aircraft on its behalf unless the requirements mentioned in regulation 42.990 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual approves a proposed variation to an approved maintenance program for an aircraft on its behalf; and (b) a requirement mentioned in regulation 42.990 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1000 Requirements to be met by individuals before approving proposed variations Obligation (1) An individual must not approve a proposed variation to an approved maintenance program for an aircraft unless the requirements mentioned in regulation 42.990 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she approves a proposed variation of an approved maintenance program for an aircraft; and (b) a requirement mentioned in regulation 42.990 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1005 How approval is given To approve a proposed variation of an approved maintenance program for an aircraft, an individual must: (a) make a record that: (i) identifies the maintenance program to which it relates; and (ii) includes details of the variation to which it relates; and (iii) includes a statement to the effect that the variation is approved; and (iv) includes the name and approval certificate reference number of the continuing airworthiness management organisation for the aircraft; and (b) sign and date the record. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1010 Record-keeping requirements (1) If a continuing airworthiness management organisation approves a proposed variation to an approved maintenance program, the organisation must retain, for the period during which the approved maintenance program is in effect, a copy of the following documents: (a) the approved variation; (b) the record of the approval; (c) any other documents that support the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1015 Application to CASA for approval of variations of approved maintenance programs (1) The person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft. (2) The person responsible for continuing airworthiness for an aircraft must apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft if: (a) the program, as varied by the proposed variation, would not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; or (b) the person responsible for continuing airworthiness for the aircraft is a continuing airworthiness management organisation, but its approval under Subpart 42.G does not permit it to approve variations of maintenance programs under Division 42.J.4. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1020 Form of application An application to CASA for approval of a proposed variation of an approved maintenance program for an aircraft must: (a) be in writing; and (b) include the following: (i) a copy of the variation; (ii) the technical justification for the variation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1025 Approval of variations by CASA Subject to regulation 11.055, CASA must approve a proposed variation of an approved maintenance program for an aircraft if CASA is satisfied that the program, as varied by the proposed variation: (a) would comply with the requirements specified in the Part 42 Manual of Standards; and (b) would adequately provide for the continuing airworthiness of the aircraft. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Subpart 42.K --Directions to vary approved maintenance programs CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1030 Purpose of Subpart This Subpart: (a) empowers CASA to give directions to vary approved maintenance programs and approved reliability programs; and (b) requires the person responsible for continuing airworthiness for an aircraft to comply with a direction. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1035 CASA may direct variations of approved maintenance programs (1) CASA may direct the person responsible for continuing airworthiness for an aircraft to vary the approved maintenance program for the aircraft: (a) to include a particular requirement for maintenance in the program; or (b) to vary a requirement for maintenance in the program. (2) CASA may give the direction only if CASA is satisfied that it is necessary to do so to ensure that the program will adequately provide for the continuing airworthiness of the aircraft. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (4) The person must comply with the direction within the time specified in the direction. Penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. Subpart 42.L --Approval of reliability programs and variations of approved reliability programs CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1040 Purpose of Subpart This Subpart sets out the requirements for: (a) approval of reliability programs for aircraft to which regulation 42.155 applies; and (b) approval of variations of approved reliability programs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1045 Application for approval of reliability programs (1) The person responsible for continuing airworthiness for an aircraft to which regulation 42.155 applies may apply, in writing, to CASA for approval of a proposed reliability program for the aircraft. (2) The application must include a copy of the program. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1050 Approval of reliability programs Subject to regulation 11.055, CASA must approve the program if CASA is satisfied that the program complies with the requirements specified in the Part 42 Manual of Standards. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1055 Application for approval of variations of approved reliability programs (1) The person responsible for continuing airworthiness for an aircraft for which there is an approved reliability program may apply, in writing, to CASA for approval of a proposed variation of the program. (2) The application must include a copy of the variation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1060 Approval of variations of approved reliability programs Subject to regulation 11.055, CASA must approve the variation if CASA is satisfied that the program, as varied by the proposed variation, would comply with the requirements specified in the Part 42 Manual of Standards. Note 1: See Part 11 for other matters relating to applications and decisions. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Subpart 42.M --Requirements for pilots CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1065 Purpose of Subpart This Subpart sets out requirements for pilots. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1070 Pre-flight inspection--all aircraft (1) If an aircraft's flight manual requires a pre-flight inspection of the aircraft to be carried out before the aircraft is operated for a flight, the pilot in command of the aircraft must ensure that a pre-flight inspection of the aircraft is carried out before the aircraft is operated for the flight. Penalty: 50 penalty units. Note: For the definition of flight manual, see Part 1 of the Dictionary. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1075 Recording information in flight technical log--all aircraft Defects and exceeding operating limits (1) The pilot in command of an aircraft for a flight (the first flight) must ensure that, before the aircraft is next operated for flight, the following information is recorded in the flight technical log for the aircraft: (a) details of any defect of which the pilot becomes aware during the operation of the aircraft, including: (i) any abnormal instrument indication; and (ii) any abnormal behaviour by the aircraft; (b) any instance of the exceeding of an operating limit specified in the aircraft's flight manual during the first flight. Penalty: 50 penalty units. Note: For paragraph (b), for the definition of flight manual, see Part 1 of the Dictionary. Utilisation information mentioned in regulation 42.190 (2) If the flight technical log for an aircraft is capable of containing the information mentioned in regulation 42.190 for each flight for the aircraft, the pilot in command of the aircraft for a flight must record that information for the flight in the log before the aircraft is next operated for flight. Penalty: 50 penalty units. (3) Strict liability applies to paragraph (1)(b). (4) An offence against subregulation (2) is an offence of strict liability. Subpart 42.N --Record-keeping requirements CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1080 Purpose of Subpart This Subpart sets out requirements for records made under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1085 Requirements for making records made under Part (1) If a person is required to record information under this Part, or to ensure that information is recorded, the person must ensure that the record: (a) is written in a legible form in English; and (b) will remain legible for the time for which the record is required, by this Part, to be kept. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1090 Requirements for keeping records made under Part (1) If a person is required to record information under this Part, or to ensure that information is recorded, the person must ensure that the record is kept: (a) in a system that allows the record to be retrieved; and (b) in a manner that protects the record from being lost, damaged or accidentally altered. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1095 Change to records made under Part (1) If a person makes a change to a record made under this Part, the person must make the change in a manner: (a) that retains the original record; and (b) that identifies himself or herself; and (c) that includes the date the change is made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.O --Copying or disclosing cockpit voice recording information CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1100 Purpose of Subpart This Subpart sets out the authorisation of persons for paragraph 32AP(3A)(a) of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.1105 Authorisation of persons for paragraph 32AP(3A)(a) of Act For paragraph 32AP(3A)(a) of the Act, the following persons are authorised: (a) a person who: (i) is a staff member within the meaning of the Transport Safety Investigation Act 2003; and (ii) has had training with respect to the replay and analysis of cockpit voice recordings; and (iii) has been briefed on the requirements of Part IIIB of the Act; (b) a person who: (i) is to check on behalf of an approved maintenance organisation whether equipment used to make a cockpit voice recording is functioning and reliable; and (ii) has had training from the organisation with respect to the replay and analysis of cockpit voice recordings; and (iii) has been briefed by the organisation on the requirements of Part IIIB of the Act. Part 45 --Display of nationality marks, registration marks and aircraft registration identification plates Table of contents Subpart 45.A--Preliminary 45.005 Application of Part 45 45.010 Key definitions for Part 45 45.015 Meaning of markings and set of markings 45.020 References to aircraft operating for an exhibition 45.025 Issue of Manual of Standards for Part 45 45.030 Registration holder to provide copies of approvals under this Part to registered operator Subpart 45.B--Aircraft markings 45.050 Requirements for aircraft markings 45.055 Display of aircraft markings 45.060 Designs etc. not to modify, obscure or create confusion about sets of markings 45.065 Approval to operate with different markings--aircraft of special configuration 45.070 Approval to operate with different or no markings--aircraft operated for an exhibition Subpart 45.C--Requirement to display words on certain aircraft 45.090 Requirements for display of words 45.095 Display of words 45.100 Approval to operate with different or no words--aircraft operated for an exhibition Subpart 45.D--Aircraft registration identification plate 45.120 Application of Subpart 45.D 45.125 Plate to be attached to aircraft 45.130 Removal or alteration of plates 45.135 Approval of method of displaying markings 45.140 Approval for attachment of plate--aircraft of special configuration Subpart 45.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.005 Application of Part 45 This Part applies in relation to the operation of an Australian aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.010 Key definitions for Part 45 In these Regulations: " aircraft registration identification plate " , for an aircraft, means a plate displaying the aircraft's markings. " Australian nationality mark " means the capital letters "VH". " character " means a letter, a digit or a hyphen. " exhibition " means an air show or a film or television production. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.015 Meaning of markings and set of markings (1) Markings, for an aircraft, are the Australian nationality mark and the aircraft's registration mark, in that order, connected by a hyphen. (2) However, if the aircraft is a registered glider or a powered sailplane operating in Australian territory, and the first letter of the aircraft's registration mark is "G", the aircraft's markings need not include: (a) that first letter; or (b) the Australian nationality mark. (3) A set of markings, for an aircraft, is an instance of the aircraft's markings. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.020 References to aircraft operating for an exhibition In this Part, a reference to an aircraft operating for an exhibition includes a reference to the aircraft: (a) flying in the exhibition, or in a practice or test flight for the exhibition; or (b) flying between locations where the aircraft is participating in the exhibition or in the practice or test flight; or (c) flying between a location where the aircraft is participating in the exhibition, or in the practice or test flight, and the aircraft's base of operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.025 Issue of Manual of Standards for Part 45 For subsection 38(1) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters: (a) required or permitted by these Regulations to be prescribed by the Part 45 Manual of Standards; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part. Note: The Manual of Standards is a legislative instrument: see subsection 38(1) of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.030 Registration holder to provide copies of approvals under this Part to registered operator (1) This regulation applies if: (a) the registration holder of an aircraft holds an approval under this Part for the aircraft; and (b) the registration holder is not the registered operator of the aircraft. (2) The registration holder contravenes this subregulation if: (a) the aircraft is operated; and (b) the registration holder has not provided a copy of the approval to the registered operator of the aircraft. (3) A person commits an offence of strict liability if the person contravenes subregulation (2). Penalty: 50 penalty units. Subpart 45.B --Aircraft markings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.050 Requirements for aircraft markings (1) The Part 45 Manual of Standards may prescribe requirements relating to the display of markings on aircraft. (2) Without limiting subregulation (1), the Part 45 Manual of Standards may prescribe requirements relating to the following: (a) when markings must be displayed; (b) the number of sets of markings that must be displayed; (c) the location of sets of markings on aircraft; (d) the characters to be used in each set of markings, including height requirements. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.055 Display of aircraft markings Aircraft must comply with Part 45 Manual of Standards if operated (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if: (a) the aircraft is operated; and (b) a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050 applies to the aircraft; and (c) the prescribed requirement is not met. Exception--operating with dealer's mark (2) Subregulation (1) does not apply if the aircraft is operating with a dealer's mark in accordance with Subpart 47.H. Exception--approvals (3) Subregulation (1) does not apply if: (a) the registration holder of the aircraft holds an approval under regulation 45.065 to display markings other than in accordance with the prescribed requirement; and (b) the requirements specified in the approval are complied with. (4) Subregulation (1) does not apply if: (a) the registration holder of the aircraft holds an approval under regulation 45.070: (i) to display markings other than in accordance with the prescribed requirement; or (ii) to display no markings; for the purposes of an exhibition; and (b) the aircraft is operated for the exhibition during the period of the approval; and (c) the requirements specified in the approval are complied with. Exception--certain Commonwealth and State functions (5) Subregulation (1) does not apply if the aircraft is operated: (a) in relation to the performance of a function of an authority of the Commonwealth, or an authority or agency of a State; and (b) in circumstances in which knowledge of the operation may: (i) reduce the effectiveness of the performance of the function; or (ii) expose a person to the danger of physical harm or death arising from the actions of another person. Offence (6) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.060 Designs etc. not to modify, obscure or create confusion about sets of markings (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if: (a) the aircraft is operated; and (b) a design, mark or symbol on an aircraft modifies, obscures or creates confusion about a set of markings on the aircraft. (2) Subregulation (1) does not apply in relation to: (a) a Defence Force symbol or call-sign on an aircraft operated by the Defence Force; or (b) a design, mark or symbol on an aircraft approved in writing by CASA. (3) CASA must not grant an approval under paragraph (2)(b) if granting the approval would adversely affect the safety of air navigation. Offence (4) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.065 Approval to operate with different markings--aircraft of special configuration (1) The registration holder of an aircraft may apply to CASA for approval to display markings on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050. (2) CASA must approve the application if CASA is satisfied that, because of the configuration of the aircraft, the prescribed requirement specified in the application cannot be met. (3) The approval must: (a) be in writing; and (b) specify the requirements for the display of markings on the aircraft that must be met. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.070 Approval to operate with different or no markings--aircraft operated for an exhibition Applications for approval to display different or no markings at an exhibition (1) The registration holder of an aircraft may apply to CASA for approval, for the purposes of an exhibition: (a) to display markings on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050; or (b) to display no markings on the aircraft. (2) The application for approval must include the following: (a) the kind of exhibition, and the name (if any) of the exhibition; (b) the dates and times during which the aircraft will be operated for the exhibition; (c) the location of the exhibition, including the relevant flight paths; (d) a photograph or drawing of the aircraft showing the colour of the aircraft and any marks the applicant intends the aircraft to bear while it is operated for the exhibition. Requirements for approvals (3) CASA must approve the application if CASA is satisfied that: (a) the aircraft will be operated for an exhibition; and (b) the display of markings in accordance with the prescribed requirement would be inconsistent with the operation of the aircraft for the exhibition; and (c) if the exhibition is in a foreign country--the display of markings in accordance with an approval, or the display of no markings, would not contravene a law of that country. (4) The approval must: (a) be in writing; and (b) specify the requirements (if any) for the display of markings on the aircraft that must be met while the aircraft is operated for the exhibition; and (c) state the period of the approval. Markings must be displayed in cockpit and visible to crew (5) The registration holder and the registered operator of an aircraft each contravene this subregulation if: (a) the registration holder holds an approval under this regulation in relation to the aircraft and an exhibition; and (b) the aircraft is operated for the exhibition; and (c) the Australian nationality mark and the registration mark of the aircraft are not: (i) displayed in the cockpit; and (ii) clearly visible to the aircraft's crew. Offence (6) A person commits an offence of strict liability if the person contravenes subregulation (5). Penalty: 50 penalty units. Subpart 45.C --Requirement to display words on certain aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.090 Requirements for display of words (1) The Part 45 Manual of Standards may prescribe requirements relating to the display of specified words on the following kinds of aircraft: (a) aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.189 is in force; (b) aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.185 is in force; (c) provisionally certificated aircraft; (d) experimental aircraft. (2) Without limiting subregulation (1), the Part 45 Manual of Standards may prescribe requirements relating to the following: (a) the words that must be displayed; (b) the location of the words; (c) the manner in which the words must be displayed, including the colour and height of the letters used. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.095 Display of words (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if: (a) the aircraft is operated; and (b) a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.090 applies to the aircraft; and (c) the prescribed requirement is not met. (2) Subregulation (1) does not apply if: (a) the registration holder of the aircraft holds an approval under regulation 45.100 to: (i) display words other than in accordance with the prescribed requirement; or (ii) to display no words; for the purposes of an exhibition; and (b) the aircraft is operated for the exhibition during the period of the approval; and (c) any requirements specified in the approval are complied with. (3) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.100 Approval to operate with different or no words--aircraft operated for an exhibition Applications for approval to display different or no words at an exhibition (1) The registration holder of an aircraft may apply to CASA for approval, for the purposes of an exhibition: (a) to display words on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.090; or (b) to display no words on the aircraft. (2) The application for approval must include the following: (a) the kind of exhibition, and the name (if any) of the exhibition; (b) the dates and times during which the aircraft will be operated for the exhibition; (c) the location of the exhibition, including the relevant flight paths; (d) a photograph or drawing of the aircraft showing the colour of the aircraft and any marks the applicant intends the aircraft to bear while it is operated for the exhibition. Requirements for approvals (3) CASA must approve the application if CASA is satisfied that: (a) the aircraft will be operated for an exhibition; and (b) the display of words in accordance with the prescribed requirement would be inconsistent with the operation of the aircraft for the exhibition; and (c) if the exhibition is in a foreign country--the display of words in accordance with an approval, or the display of no words, would not contravene a law of that country. (4) The approval must: (a) be in writing; and (b) specify the requirements (if any) for the display of words on the aircraft that must be met while the aircraft is operated for the exhibition; and (c) state the period of the approval. Prescribed word must be displayed and visible (5) The registration holder and the registered operator of an aircraft each contravene this subregulation if: (a) the registration holder holds an approval under this regulation in relation to the aircraft and an exhibition; and (b) the aircraft is operated for the exhibition; and (c) if a specified word for the aircraft is prescribed by the Part 45 Manual of Standards under regulation 45.090--the word is not: (i) displayed in the cockpit; and (ii) clearly visible to the aircraft's crew. (6) A person commits an offence of strict liability if the person contravenes subregulation (5). Penalty: 50 penalty units. Subpart 45.D --Aircraft registration identification plate CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.120 Application of Subpart 45.D This Subpart applies to an aircraft if: (a) the aircraft has a maximum take-off weight of more than 5 700 kg; or (b) the aircraft is operating outside Australian territory; or (c) the aircraft does not have a manufacturer's data plate attached in accordance with regulation 21.820. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.125 Plate to be attached to aircraft (1) The registration holder and the registered operator of the aircraft each contravene this subregulation if: (a) the aircraft is operated; and (b) a requirement mentioned in subregulation (2) is not met. (2) The requirements are the following: (a) the aircraft's markings must be displayed on the aircraft registration identification plate for the aircraft; (b) the method of displaying the aircraft's markings must meet the requirements prescribed by the Part 45 Manual of Standards for the purposes of this paragraph; (c) the plate must be attached to the aircraft in a way that ensures that the plate is not likely to be defaced or to become detached from the aircraft; (d) the plate must be attached at the location on the aircraft prescribed by the Part 45 Manual of Standards for the purposes of this paragraph; (e) the plate must be constructed of the material prescribed by the Part 45 Manual of Standards for the purposes of this paragraph. (3) Subregulation (1) does not apply in relation to the requirement mentioned in paragraph (2)(b) if: (a) the registration holder of the aircraft holds an approval under regulation 45.135 to display the aircraft's markings using a different method; and (b) the markings are displayed using that method. (4) Subregulation (1) does not apply in relation to the requirement mentioned in paragraph (2)(d) if: (a) the registration holder of the aircraft holds an approval under regulation 45.140 to operate the aircraft with the plate attached in a different place; and (b) the requirements specified in the approval are complied with. (5) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matters in subregulation (3) or (4): see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.130 Removal or alteration of plates (1) A person contravenes this subregulation if: (a) the person removes the aircraft registration identification plate from an aircraft; and (b) the removal is not: (i) for the purpose of ensuring compliance with this Part; or (ii) for the purpose of carrying out maintenance on the aircraft in accordance with these Regulations. (2) A person contravenes this subregulation if: (a) the person alters the aircraft registration identification plate of an aircraft; and (b) the alteration is not for the purpose of ensuring compliance with this Part. Offence (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.135 Approval of method of displaying markings (1) The registration holder of an aircraft may apply to CASA for approval of a method of displaying the aircraft's markings on the aircraft registration identification plate for the aircraft. (2) CASA must approve the application if CASA is satisfied that the method of displaying the aircraft's markings is similar to marking by etching, stamping or engraving. (3) The approval must be in writing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.140 Approval for attachment of plate--aircraft of special configuration (1) The registration holder of an aircraft (other than a balloon) may apply to CASA for approval to attach the aircraft registration identification plate for the aircraft to the aircraft other than in accordance with paragraph 45.125(2)(d). (2) CASA must approve the application if CASA is satisfied that, because of the configuration of the aircraft, the requirements prescribed by the Part 45 Manual of Standards for the purposes of paragraph 45.125(2)(d) cannot be met. (3) The approval must: (a) be in writing; and (b) specify the requirements for attaching the plate to the aircraft. Part 47 --Registration of aircraft and related matters Table of contents Subpart 47.A -- General 47.005 Applicability of Part 47 47.010 Definitions for Part 47 47.015 Requirement for aircraft to be registered 47.020 Appointment of person to act on behalf of owners Subpart 47.B -- The Australian Civil Aircraft Register 47.025 Australian Civil Aircraft Register 47.030 Register to be accessible to public 47.035 Correction of Register 47.040 Seeking information about Register 47.045 Communicating with CASA 47.050 Accuracy of information in Register 47.055 Entries in Register etc not conclusive evidence of title to aircraft Subpart 47.C -- Registration of aircraft 47.060 Applying for registration of unregistered aircraft 47.065 Information required for registration -- general 47.070 Confirmation of oral application 47.075 CASA may ask for further information 47.080 Registration of aircraft 47.085 Interim certificate of registration 47.090 Issue of certificate of registration 47.095 Period of registration Subpart 47.D -- Registered operator 47.100 Identity of registered operator of aircraft Subpart 47.E -- Transfer of ownership of aircraft 47.105 Meaning of former owner and new owner 47.110 Transfer of ownership Subpart 47.F -- Administration of Australian Civil Aircraft Register 47.115 Notice of error in information in Register 47.120 Replacement certificate of registration 47.125 Loss etc of certificate of registration 47.130 Lapsing of registration 47.131 Suspension and cancellation of registration following a transfer of ownership 47.131A Suspension and cancellation of registration if registered operator is not an eligible person 47.131B Cancellation of registration at holder's request--limitations 47.132 Cancellation of registration on other grounds 47.135 Return of certificate of registration Subpart 47.G -- Reservation, assignment and change of registration marks 47.140 Meaning of aircraft for Subpart 47.G 47.145 Reservation of registration mark 47.150 Assignment of registration mark 47.155 Marks that must not be reserved or assigned 47.160 Assigning reserved registration mark to unregistered aircraft 47.165 Change of registration mark Subpart 47.H -- Dealer's marks 47.170 Definitions for Subpart 47.H 47.175 Assignment of dealer's marks 47.180 What marks may be assigned to dealers 47.185 Record of dealer's marks 47.190 How long assignment to dealer remains in effect 47.195 Certificate of assignment of dealer's mark 47.200 Loss of certificate of assignment of dealer's mark 47.205 Dealer's plate 47.210 Use of dealer's marks 47.215 Aircraft taken to be registered 47.220 Annual report to CASA on aircraft using dealer's marks 47.225 Revocation of assignment of dealer's mark etc Subpart 47.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.005 Applicability of Part 47 (1) This Part sets out: (a) how aircraft are registered; and (b) how registration marks are assigned to aircraft. (2) It also sets out how dealer's marks are assigned to manufacturers, distributors and dealers of aircraft, and regulates their use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.010 Definitions for Part 47 In this Part: " CDCL " has the same meaning as in the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014. " eligible person " means one of the following: (a) a resident of Australia who is: (i) 18 years of age or older; and (ii) an Australian citizen or the holder of a permanent visa (within the meaning of the Migration Act 1958); (b) a corporation incorporated under the Corporations Act 2001; (c) a body incorporated under a law (other than the Corporations Act 2001) in force in Australia; (d) the Commonwealth, a State or a Territory; (e) an agency of the Commonwealth, a State or a Territory; (f) a foreign corporation that is lawfully carrying on business in Australia. " IDERA " has the same meaning as in the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014. " owner ", of an aircraft, includes a part-owner of the aircraft who is appointed under regulation 47.020. Note: The owner of an aircraft who becomes its registration holder must, if he or she is not eligible to be its registered operator, appoint an eligible person as the registered operator: see regulation 47.100. " registered operator " has the meaning given by regulation 47.100. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.015 Requirement for aircraft to be registered (1) For paragraph 20AA(1)(b) of the Act, an aircraft is required to be registered unless it is one of the following: (a) an aircraft that is not intended to be used as an aircraft; (b) an aircraft that, under Subpart 200.B, is exempt from these Regulations; (c) an unmanned free balloon; (d) a permanently tethered balloon; (e) a kite; (f) a model aircraft; (g) a parachute; (h) a rocket; (i) a UAV other than a large UAV; (j) an aircraft that is registered under the law of a foreign country referred to in subregulation (2); (k) an aircraft that satisfies all the following conditions: (i) it has been manufactured in Australia for delivery outside Australia to a foreign operator; (ii) it is registered under the law of a foreign country referred to in subregulation (2); (iii) it displays nationality and registration marks in accordance with the law of that country; (iv) it has no certificate of airworthiness issued, or rendered valid, under the law of that country; (v) it is flown within Australia only for a purpose mentioned in paragraph 21.197(1)(b) or (c). (2) For paragraph (1)(j) and subparagraph (1)(k)(ii), the foreign countries are: (a) the Contracting States; and (b) any other foreign country with which Australia has an agreement that allows an aircraft registered under the law of that country to be operated in Australia. Note: For the definition of Contracting State see section 3 of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.020 Appointment of person to act on behalf of owners If an aircraft is owned by more than 1 person, the owners must, to register the aircraft, appoint one of them to act on their behalf. Subpart 47.B --The Australian Civil Aircraft Register CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.025 Australian Civil Aircraft Register CASA must keep a register called the Australian Civil Aircraft Register, or ensure that it is kept, in accordance with this Subpart. Note: The Australian Civil Aircraft Register is the successor to the Aircraft Register mentioned in regulation 8 of CAR: see regulation 202.221. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.030 Register to be accessible to public (1) CASA must make the Australian Civil Aircraft Register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions. (2) CASA may comply with subregulation (1) by making the information in the Register accessible on the Internet or by another suitable electronic means. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.035 Correction of Register CASA must correct the information recorded in an entry in the Australian Civil Aircraft Register as soon as practicable after becoming aware that the entry is out of date or otherwise incorrect. Note: An aircraft registration holder who finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is not correct must tell CASA about the change that should be made to the Register: see regulation 47.115. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.040 Seeking information about Register (1) If CASA thinks that there may be an error in the Australian Civil Aircraft Register in relation to an aircraft, CASA may ask the aircraft registration holder, in writing, to give CASA information that may show the accuracy of the entry. Note: Information that must be given to CASA under subregulation (1) may include a copy of a relevant document. (2) A request under subregulation (1) must: (a) describe the information; and (b) specify a period of at least 28 days, starting when the request is given to the registration holder, during which the registration holder must give CASA the information. Note: CASA may cancel the registration of an aircraft if the registration holder fails to comply with a request for information made under subregulation (1): see regulation 47.132. (3) A registration holder must comply with a request made under subregulation (2). Penalty: 10 penalty units. (4) An offence under subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.045 Communicating with CASA (1) A notice that, under this Part, must be given to CASA may be delivered, posted, sent by fax or sent by e-mail. Note: The address, fax number and e-mail address for notices can be found in the advisory circular for this Part or on CASA's website: www.casa.gov.au. (2) CASA may refuse to accept a notice that is not legible. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.050 Accuracy of information in Register (1) CASA must give, to an aircraft registration holder, a copy of the information in the Australian Civil Aircraft Register that relates to the holder and the aircraft. (2) CASA must give the copy of the information within 28 days after: (a) the end of 3 years after the day on which: (i) an aircraft is registered; or (ii) if the aircraft's certificate of registration is transferred--the certificate is transferred; and (b) the end of each period of 3 years after that day. (3) Within 28 days after the day when the registration holder is given the copy of the information, the holder must: (a) if necessary, correct the information on the copy about the aircraft and the holder; and (b) return the copy to CASA. Maximum penalty: 10 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. (5) Information given to CASA for subregulation (3) must not be used as evidence of an offence against regulation 47.115. (6) This regulation is not intended to limit the operation of regulations 47.035 and 47.040. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.055 Entries in Register etc not conclusive evidence of title to aircraft (1) An entry in the Australian Civil Aircraft Register in relation to an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft. (2) A certificate of registration for an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft. Subpart 47.C --Registration of aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.060 Applying for registration of unregistered aircraft (1) An application to register an unregistered aircraft may be made by the owner or a person who is acting on behalf of, and at the direction or request of, the owner. (2) The application must be made: (a) in writing; or (b) orally (by telephone or in person). Note: An oral application must be confirmed in writing in accordance with regulation 47.070. If an oral application is not confirmed in writing in accordance with that regulation, the registration lapses: see regulation 47.130. (3) An application for registration made in writing must: (a) be made in an approved form; and (b) include the information set out in regulation 47.065; and (c) be signed by the person making the application. (4) An application for registration made in writing must also include a declaration, signed by the person making the application: (a) that the aircraft will be used as an aircraft; and (b) if the aircraft has not been registered before--that the aircraft has never been registered; and (c) if the aircraft has been registered before (whether in Australia or not)--that the aircraft is not, at the time of the application, registered on a foreign civil aircraft register. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.065 Information required for registration--general For paragraph 47.060(3)(b), and subject to regulation 47.075, the following information must be included in an application for registration of an aircraft : (a) the owner's name and address; (aa) if the aircraft is owned by more than 1 person--the name and signature of the owner who is appointed to act on behalf of the owners; and (b) if the application is made by a person on behalf of the owner--the name and address of the person making the application; (c) if the owner proposes to appoint another person as the registered operator of the aircraft--the registered operator's name and postal address, and: (i) if the registered operator is an individual--his or her home address; or (ii) if the registered operator is a corporation--the corporation's registered address; (d) for an aircraft that has a type certificate, type acceptance certificate or provisional type certificate: (i) the number of the certificate (if applicable); and (ii) the production certificate number (if applicable); and (iii) the manufacturer, and the country and year of manufacture, of the aircraft; and (iv) the aircraft model; and (v) the aircraft serial number; Note: For paragraph (d), the aircraft's manufacturer, model and serial number are those set out on the aircraft's data plate. (e) for an aircraft to which paragraph (d) does not apply--the following: (i) the aircraft manufacturer (if applicable) ; (ii) the aircraft builder (if applicable); (iii) whether the aircraft is a manned free balloon, an airship, a glider, a power-driven aeroplane, a rotorcraft or an ornithopter; (iv) the country and year of manufacture of the aircraft; (v) the aircraft model; (vi) the aircraft serial number; (vii) if the aircraft is power-driven--the number of engines and whether they are piston, turbopropeller or jet turbine engines; (viii) the number of seats including seats for the crew; (ix) whether the aircraft is able to be used on land, on water, or on both; (f) if a registration mark has been reserved for the aircraft, and the reservation has not lapsed--the registration mark; (g) if the aircraft has been imported: (i) the name of the country from which the aircraft was imported; and (ii) the aircraft's registration mark, if any, in that country; and (iii) evidence, provided by the national aviation authority of that country, that the aircraft is not on the aircraft register of that country. Note: If the application for registration is an oral application, CASA will ask for the information mentioned in this regulation during the oral application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.070 Confirmation of oral application (1) A person who has applied orally for the registration of an aircraft must give to CASA a written confirmation of the application. (2) The confirmation: (a) must be in an approved form; and (b) must include the information required by regulation 47.065; and (c) must be received by CASA within 14 days after the day on which the oral application was made. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.075 CASA may ask for further information (1) If CASA reasonably requires further information to enable it to consider an application for the registration of an aircraft, CASA may ask the applicant, in writing, to give CASA the information. (2) CASA must describe the information in the request. (3) CASA may refuse to consider, or cease considering, the application until the applicant complies with the request. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.080 Registration of aircraft (1) CASA must register an aircraft if the application for the registration of the aircraft is made in accordance with regulation 47.060. (1A) However, if: (a) the aircraft has been registered before (the old registration); and (b) the old registration was cancelled; and (c) the aircraft was subject to an IDERA at the time of the cancellation; CASA must not register the aircraft unless subregulation (1B) or (1C) applies to the aircraft. (1B) This subregulation applies to the aircraft if: (a) the old registration was cancelled at the request of: (i) the authorised party under the IDERA; or ( ii ) if the aircraft was subject to a CDCL at the time of the cancellation--the certified designee under the CDCL; or (b) CASA is satisfied, on the basis of written evidence provided by the person who has applied for the registration of the aircraft, that the authorised party under the IDERA, or the certified designee under the CDCL, as the case may be, has consented to CASA registering the aircraft. (1C) This subregulation applies to the aircraft if CASA is satisfied, after reasonable enquiries, that: (a) for an aircraft that was subject to a CDCL at the time of the cancellation of the old registration--the certified designee under the CDCL and the authorised party under the IDERA have both ceased to exist; or (b) for an aircraft that was not subject to a CDCL at the time of the cancellation of the old registration--the authorised party under the IDERA has ceased to exist. (2) If CASA registers an aircraft, CASA must enter the following information about the aircraft in the Australian Civil Aircraft Register: (a) the registration mark assigned to the aircraft; (b) whether the aircraft is a manned free balloon, an airship, a glider, a power-driven aeroplane, a rotorcraft or an ornithopter; (c) its manufacturer, model and serial number; (d) its country and year of manufacture; (e) the name and address of the owner; (f) the name and address of the registered operator; (g) the day on which it was registered. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.085 Interim certificate of registration (1) If CASA registers an aircraft on the basis of an oral application, CASA must: (a) issue an interim certificate of registration for the aircraft; and (b) tell the applicant: (i) the time and date from which the interim registration is in force; and (ii) a unique number that identifies the registration. Note 1: An interim certificate includes the information set out in paragraph 47.080(2)(a) and the applicable provisions in paragraphs 47.080(2)(c) to (g). Note 2: If the oral application is not confirmed in accordance with regulation 47.070, the registration of the aircraft lapses: see regulation 47.130. (2) If CASA registers an aircraft on the basis of an oral application, the aircraft registration holder must not allow the aircraft to be taken outside Australia before CASA issues the certificate of registration for the aircraft. Maximum penalty: 50 penalty units. Note: An interim certificate of registration is not covered by the provisions of Annex 7 to the Chicago Convention, so is only valid for flights within Australia. (3) An offence against subregulation (2) is an offence of strict liability. (4) An interim certificate of registration for an aircraft ceases to be in force on the earlier of the following: (a) the day that CASA gives the certificate of registration to the aircraft's registration holder; (b) 14 days after the day on which CASA registered the aircraft on the basis of an oral application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.090 Issue of certificate of registration If CASA: (a) registers an aircraft because it has received a written application; or (b) receives confirmation of an oral application for the registration of an aircraft; CASA must give a certificate of registration for the aircraft to the aircraft's owner (the registration holder). Note: The certificate of registration replaces any interim certificate of registration issued under regulation 47.085. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.095 Period of registration The registration of an aircraft has effect unless, in accordance with these Regulations, it lapses, is suspended or is cancelled. Subpart 47.D --Registered operator CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.100 Identity of registered operator of aircraft (1) If the registration holder of an aircraft is an eligible person, the holder is the aircraft's registered operator. (2) However, the registration holder may appoint another eligible person as the registered operator. (3) If the registration holder is not an eligible person, the registration holder must appoint an eligible person to be the registered operator. Note: If the registration holder of an aircraft is not an eligible person, and no eligible person is appointed as the registered operator, CASA must suspend the aircraft's registration: see regulation 47.131A. (4) The appointment of a registered operator has effect unless the appointment is cancelled or otherwise ceases to have effect. Note: Regulation 202.222 provides that a reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft. Under CAR, the holder of the certificate of registration is responsible for the maintenance and continuing airworthiness of the aircraft. (4A) Subject to this regulation, the appointment of a registered operator of an aircraft may be cancelled by: (a) the registration holder of the aircraft; or (b) the registered operator. (5) If the registration holder of an aircraft: (a) appoints a person as the aircraft's registered operator; or (b) cancels the appointment of a person as the aircraft's registered operator; the registration holder must, within 14 days after the appointment or cancellation, give CASA a notice in an approved form, including the aircraft's registration mark, manufacturer, model and serial number. (5AA) If a person cancels the appointment of the person as an aircraft's registered operator as referred to in paragraph (4A)(b), the person must, within 14 days after the cancellation, give CASA a notice in an approved form, including the aircraft's registration mark, manufacturer, model and serial number. (5A) A person commits an offence of strict liability if the person fails to comply with a requirement under subregulation (5) or (5AA). Penalty: 10 penalty units. (5B) If CASA finds out, other than by a notice given in accordance with subregulation (5), that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 5 business days, inform the aircraft's registration holder in writing. (6) A notice of the appointment of a registered operator must also include: (a) the registered operator's name and postal address, and: (i) if the registered operator is an individual--his or her home address; or (ii) if the registered operator is a corporation--the address of the corporation's registered office; and (b) the date of the appointment of the registered operator; and (c) evidence that the registered operator accepts the appointment. (7) A notice of the cancellation of the appointment of a registered operator given under subregulation (5) or (5AA) must include the date of the cancellation. Note: If the appointment of the registered operator is cancelled and another registered operator is not appointed, the registration holder becomes the aircraft's registered operator. However, if the registration holder is not an eligible person, CASA must suspend the aircraft's registration: see regulation 47.131A. (8) If CASA receives a notice that complies with this regulation, CASA must: (a) amend the Australian Civil Aircraft Register to show the name and address of the new registered operator; and (b) in writing, notify the registration holder and the new registered operator about the amendment of the Register. Subpart 47.E --Transfer of ownership of aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.105 Meaning of former owner and new owner For this Subpart, if the ownership of an aircraft is transferred, the transferor is the former owner and the transferee is the new owner. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.110 Transfer of ownership (1) In this regulation, transfer notice means a notice in an approved form that relates to the transfer of ownership of an aircraft and: (a) shows: (i) the aircraft's registration mark, manufacturer, model and serial number; and (ii) the date of the transfer; and (iii) the former owner's name and address; and (iv) the new owner's name and address; and (b) either: (i) is signed by the former owner; or (ii) is signed by a person acting on behalf of, and at the direction or request of, the former owner. (2) If a transfer notice is signed by a person acting on behalf of the former owner, it must include evidence of the person's authority to do so. (3) This regulation sets out how, if the ownership of an aircraft is transferred, the new owner becomes the aircraft's registration holder. (4) In accordance with the timetable mentioned in subregulation (4A), the former owner, or a person acting on behalf of the former owner, must: (a) give CASA a transfer notice; and (b) give the new owner: (i) a copy of the transfer notice; and (ii) the aircraft's certificate of registration. (4A) The documents mentioned in subregulation (4) must be given to CASA and the new owner: (a) as soon as practicable after the transfer; and (b) in any case, within 14 days after the transfer. (5) Within 28 days after the transfer, the new owner must apply to become the registration holder. Note: If the aircraft's new owner does not apply to be the new registration holder within 28 days after the day of the transfer, CASA must suspend the aircraft's registration: see regulation 47.131. (6) An application must: (a) be in an approved form; and (c) either: (i) be signed by the new owner; or (ii) if the application is made by a person on behalf of the new owner--include the name, address and signature of the person making the application. (7) CASA must, if it receives a transfer notice and an application that complies with subregulation (6): (a) amend the Australian Civil Aircraft Register to show the new owner as the registration holder; and (b) give a certificate of registration to the new owner. Note 1: The new owner, as the registration holder, is also the registered operator of the aircraft unless the new owner appoints another person as the registered operator: see regulation 47.100. Note 2: If the new owner is not an eligible person, the new owner must appoint an eligible person as the registered operator: see subregulation 47.100(3). (8) Subregulation (7) has effect subject to subregulation (9). (9) CASA must not take any action under subregulation (7) in relation to an aircraft unless CASA is satisfied, on the basis of written evidence provided by the former owner, that: (a) in the case of an aircraft that is subject to an IDERA, and is not subject to a CDCL--the authorised party under the IDERA has consented to the action being taken; or (b) in the case of an aircraft that is subject to a CDCL--the certified designee under the CDCL has consented to the action being taken. Subpart 47.F --Administration of Australian Civil Aircraft Register CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.115 Notice of error in information in Register If an aircraft registration holder finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is no longer correct, the holder must tell CASA in writing, within 14 days after finding out, about the change that should be made. Maximum penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.130 Lapsing of registration If the aircraft was registered following an oral application, the registration lapses if: (a) CASA does not receive a written confirmation of the application in accordance with regulation 47.070; or (b) within 14 days after the day the oral application was made, CASA has not received a written confirmation that includes all the information mentioned in regulation 47.065; or (c) CASA receives a document purporting to be a written confirmation that includes information that differs in a significant way from the corresponding information given orally to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.131 Suspension and cancellation of registration following a transfer of ownership (1) This regulation applies if: (a) the ownership of an aircraft is transferred; and (b) the new owner does not, within 28 days after the day of the transfer, make an application that complies with subregulation 47.110(6) to be the aircraft's registration holder. (2) CASA must, by written notice given to the new owner, suspend the aircraft's registration. (3) The suspension remains in force until the first-occurring of the following: (a) CASA issues a new certificate of registration to the new owner; (b) CASA cancels the registration. (4) If the new owner does not, within 3 months after the day the aircraft's registration was suspended, make an application that complies with subregulation 47.110(6) to be the aircraft's registration holder, CASA must, by written notice given to the new owner, cancel the registration. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.131A Suspension and cancellation of registration if registered operator is not an eligible person (1) If CASA becomes aware that the registered operator of an aircraft is not an eligible person, CASA must, by written notice given to the registration holder of the aircraft, suspend the aircraft's registration. Note: Subregulation (1) will not apply if the registration holder of the aircraft is an eligible person: see subregulation 47.100(1). (2) The suspension: (a) takes effect on the day the notice is given to the registration holder; and (b) ends at the earlier of the following times: (i) when the Australian Civil Aircraft Register is amended, in accordance with subregulation 47.100(8), to show the name and address of a new registered operator; (ii) when CASA cancels the registration. (3) If the registration holder does not, within 3 months after the day the aircraft's registration was suspended under this regulation, give a notice under subregulation 47.100(5) appointing an eligible person as the aircraft's registered operator, CASA must, by written notice given to the registration holder, cancel the registration. (4) The cancellation takes effect on the day the notice is given to the registration holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.131B Cancellation of registration at holder's request--limitations CASA must not cancel, under Subpart 11.D, the registration of an aircraft if: (a) in the case of an aircraft that is subject to an IDERA, and is not subject to a CDCL--the person who requests the cancellation is not the authorised party under the IDERA; or (b) in the case of an aircraft that is subject to a CDCL--the person who requests the cancellation is not the certified designee under the CDCL. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.132 Cancellation of registration on other grounds (1) CASA must, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if CASA becomes aware that the aircraft: (a) is registered under the law of another country; or (b) is no longer to be used as an aircraft; or (c) has been stolen or destroyed. (2) CASA may, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if the registration holder does not comply with a request under subregulation 47.040(1). (3) CASA must, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if CASA is required, under the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014, to de-register the aircraft. (4) A cancellation under this regulation takes effect on the day the notice is given to the registration holder. Subpart 47.G --Reservation, assignment and change of registration marks CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.140 Meaning of aircraft for Subpart 47.G In this Subpart: aircraft includes an aircraft that: (a) has not yet been built; or (b) is being built. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.145 Reservation of registration mark (1) The owner of an aircraft may ask CASA, in writing, to reserve a particular registration mark for the aircraft, whether or not the aircraft is registered. (2) The request must be in an approved form and identify the aircraft. (3) On receiving a request, CASA must reserve the registration mark for the aircraft unless, under regulation 47.155, the mark must not be reserved for an aircraft. Note: About registration marks generally: see Part 45. (4) The reservation lapses if, 12 months after the day on which the registration mark was reserved, the aircraft is not registered and using the reserved mark. (5) In subregulation (1), owner includes a person acting on behalf of, and at the direction or request of, the owner. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.150 Assignment of registration mark If a person applies for the registration of an aircraft, and: (a) CASA has not reserved a registration mark for the aircraft under regulation 47.145; or (b) the reservation of a registration mark for the aircraft has lapsed; CASA must assign a registration mark to the aircraft before registering the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.155 Marks that must not be reserved or assigned The following registration marks must not be reserved for, or assigned to, an aircraft: (a) the registration mark of an Australian aircraft; (b) a registration mark that has been reserved for an aircraft under regulation 47.145; (c) a mark that has been assigned to a dealer; (d) a mark that might be confused with any 5-letter combination used in Part II of the International Code of Signals; (e) a mark that might be confused with any 3-letter combination beginning with Q used in the Q Code; (f) a mark that might be confused with the distress signal SOS; (g) a mark that might be confused with an urgency or safety signal. Examples: Of urgency or safety signals XXX, PAN and TTT. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.160 Assigning reserved registration mark to unregistered aircraft If the owner of an unregistered aircraft: (a) reserves a registration mark for the aircraft; and (b) makes an application that complies with regulation 47.060 for registration of the aircraft; CASA must, when it registers the aircraft, give the applicant a certificate of registration showing the reserved mark. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.165 Change of registration mark (1) If the registration holder of a registered aircraft has reserved a registration mark (the reserved mark) for the aircraft: (a) the holder; or (b) if the registered operator has the written consent of the registration holder--the registered operator; may apply to CASA to change the aircraft's existing mark to the reserved mark. (2) The application must: (a) be received by CASA at least 14 days before the day on which the existing mark is proposed to be changed; and (b) be in an approved form and include the following: (i) the aircraft's existing mark; (ii) the aircraft's manufacturer, model and serial number; (iii) the reserved mark; (iv) the date on which the existing mark is proposed to be changed; (v) if the application is made by a person on behalf of the registration holder or registered operator--the name and address of the person making the application. (3) If CASA approves the application, CASA must: (a) as soon as practicable, notify the applicant, in writing, of the approval; and (b) on the date specified in the application in accordance with subparagraph (2)(b)(iv), amend the Australian Civil Aircraft Register to show the reserved mark as the registration mark assigned to the aircraft; and (c) as soon as practicable after making the amendment, give the applicant a certificate of registration showing the reserved mark. (4) The change of registration mark takes effect on the day the Australian Civil Aircraft Register is amended. Subpart 47.H --Dealer's marks CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.170 Definitions for Subpart 47.H In this Subpart: aircraft dealer includes a manufacturer or distributor of aircraft. " dealer's plate " means a plate made by an aircraft dealer under regulation 47.205. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.175 Assignment of dealer's marks (1) This regulation sets out the way in which an aircraft dealer may be assigned 1 or more marks for use on aircraft manufactured, or being distributed or dealt with, by the dealer. (2) An aircraft dealer may apply to be assigned a mark only if the dealer is an eligible person. (3) The application must be made in an approved form and must include: (a) the dealer's name and address; and (b) a declaration that the dealer is an eligible person; and (c) evidence that the dealer is engaged in the manufacture, sales or distribution of aircraft in Australia; and (d) a request for a particular number of marks and a statement explaining why the dealer needs that number of marks; and (e) if the application is made by a person on behalf of the dealer--the name and address of the person making the application. (4) If the application complies with subregulation (3), CASA must assign to the dealer: (a) the number of marks requested by the dealer; or (b) if CASA thinks that the dealer has applied for more marks than is reasonably required to undertake the dealer's business--a lesser number of marks. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.180 What marks may be assigned to dealers A mark that is assigned to an aircraft dealer must be a mark that could be assigned to an aircraft as a registration mark. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.185 Record of dealer's marks (1) CASA must keep a record of dealer's marks that have been assigned to aircraft dealers. (2) The information in the record must include: (a) the mark; and (b) the aircraft dealer's name and address. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.190 How long assignment to dealer remains in effect The assignment of a dealer's mark to an aircraft dealer has effect unless CASA revokes the assignment. Note: For revocation of the assignment of a dealer's mark: see regulation 47.225. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.195 Certificate of assignment of dealer's mark (1) If CASA assigns a dealer's mark to an aircraft dealer, CASA must give to the dealer a certificate stating that the mark is assigned to the dealer. (2) Each such certificate must be for 1 dealer's mark only. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.205 Dealer's plate (1) If CASA assigns a dealer's mark to an aircraft dealer, the dealer may make 1 dealer's plate bearing that mark. (2) The plate must: (a) be a piece of stainless steel (or similar fireproof material) at least 100 mm by 160 mm and at least 1 mm thick; and (b) be engraved with the following in sans serif capital letters: (i) 'VH-' and the mark in letters at least 25 mm high; (ii) 'CIVIL AVIATION SAFETY AUTHORITY' and 'DEALER'S PLATE CASR 1998' in letters at least 8 mm high; set out as shown in the following diagram, in which the letters 'ABC' represent the mark: CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.210 Use of dealer's marks (1) An aircraft dealer to whom a dealer's mark is assigned must use the mark only on an aircraft that: (a) is not currently registered in any country; and (b) was manufactured, or is being distributed or dealt with, by the dealer. Maximum penalty: 10 penalty units. (2) If title to, or possession of, an unregistered aircraft on which a dealer's mark is being used passes to another person, the dealer must ensure that the plate is removed from the aircraft before the other person operates the aircraft. Maximum penalty: 30 penalty units. (3) The aircraft dealer must keep records showing: (a) the manufacturer, model and serial number of each aircraft on which the mark was used; and (b) the periods during which it was used on that aircraft. Maximum penalty: 10 penalty units. (4) The aircraft dealer must keep the records for 12 months after the end of the period during which the mark was used on an aircraft. Maximum penalty: 10 penalty units. (5) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.215 Aircraft taken to be registered An unregistered aircraft on which a dealer's mark is being used is taken to be registered during any period in which it is being operated in Australia if: (a) the aircraft carries the corresponding dealer's plate; and (b) the possession of the aircraft remains with the dealer. Note: Flying an unregistered aircraft may be an offence: see subsection 20AA(1) of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.220 Annual report to CASA on aircraft using dealer's marks (1) An aircraft dealer to whom a dealer's mark has been assigned must, within 1 month after the end of each reporting period, give CASA a report showing the manufacturer, model and serial number of each aircraft on which the mark was used during that period. Maximum penalty: 30 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) In subregulation (1): reporting period means: (a) the period of 12 months beginning on the day on which the mark was assigned to the dealer; or (b) each consecutive period of 12 months at the end of which the mark is still assigned to the dealer; or (c) a period of less than 12 months beginning on the day on which the mark was assigned to the dealer, or an anniversary of that day, and ending on the day on which the assignment of the mark is revoked or otherwise ceases. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 47.225 Revocation of assignment of dealer's mark etc (1) CASA must revoke the assignment of a dealer's mark to a person if the person: (b) ceases to be an aircraft dealer, or an eligible person; or (c) fails to comply with this Subpart. (2) If CASA revokes such an assignment, it must tell the person in writing that it has done so. (3) The person must return the certificate of assignment of the mark to CASA within 14 days after receiving the notice of the revocation. Maximum penalty: 10 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. Part 60 --Synthetic training devices Table of contents Subpart 60.A -- Preliminary 60.005 Applicability 60.010 Definitions for Part 60 Subpart 60.B -- Flight simulators and flight training devices 60.015 Definitions for Subpart 60.B 60.020 Qualification levels 60.025 Application for flight simulator qualification or flight training device qualification 60.030 Initial evaluation and qualification 60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate 60.040 Period of validity of flight simulator qualification or flight training device qualification 60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device 60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification 60.055 Flight simulator and flight training device approvals--persons other than Part 141 operators and Part 142 operators 60.060 Quality system--operators other than Part 141 operators and Part 142 operators 60.065 Ongoing fidelity requirements 60.070 Modification of qualified flight simulator or qualified flight training devices 60.075 Change in qualification level of qualified flight simulator or qualified flight training device 60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device 60.085 Change of operator of qualified flight simulator or qualified flight training device 60.090 Evaluation teams 60.095 Records Subpart 60.C -- Basic instrument flight trainers Subpart 60.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.005 Applicability This Part applies to synthetic training devices that may be used by a person to gain aeronautical experience. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.010 Definitions for Part 60 In this Part: " Manual of Standards " means the document called 'Manual of Standards (MOS) - Part 60' published by CASA, as in force from time to time. " master QTG ", for a synthetic training device, means the QTG approved for the device under this Part. " QTG (or qualification test guide"), for a synthetic training device, means a document that: (a) shows that: (i) the performance and handling qualities of the synthetic training device agree, within the limits set out in the Manual of Standards, with those of the aircraft to which it relates; and (ii) all applicable requirements in these Regulations have been met; and (b) includes the following information that relates to the matters mentioned in paragraph (a): (i) data relating to the performance and handling qualities of the aircraft and synthetic training device; (ii) the validation tests, and all functions and subjective tests for the device. " user ", of a flight simulator or flight training device, means the person who uses the simulator or device in a training, testing or checking program.Subpart 60.B --Flight simulators and flight training devices CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.015 Definitions for Subpart 60.B In this Subpart: " flight simulator qualification ", for a flight simulator, means a qualification of the flight simulator under regulation 60.030. " flight simulator qualification certificate " , means a certificate issued under regulation 60.035 for a qualified flight simulator. " flight training device qualification ", for a flight training device, means a qualification of the flight training device under regulation 60.030. " flight training device qualification certificate " , means a certificate issued under regulation 60.035 for a qualified flight training device. " operator ", of a flight simulator or flight training device, means the person who is responsible for the maintenance and operation of the simulator or device. " qualification level ", for a flight simulator or flight training device, has the meaning given by regulation 60.020. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.020 Qualification levels (1) The qualification level of a flight simulator is the level mentioned in column 2 of an item in table 60.020-1 met by the simulator, determined in accordance with the standards in the Manual of Standards. Table 60.020-1 Flight simulator qualification levels Item Levels 1 Level A 2 Level B 3 Level C 4 Level D (2) The qualification level of a flight training device is the level mentioned in column 2 of an item in table 60.020-2 met by the device, determined in accordance with the standards in the Manual of Standards. Table 60.020-2 Flight training device qualification levels Item Levels 1 FAA Level 4 2 FAA Level 5 3 FAA Level 6 4 FAA Level 7 5 EASA Level 1 6 EASA Level 2 7 EASA Level 3 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.025 Application for flight simulator qualification or flight training device qualification (1) The operator of a flight simulator or flight training device may apply to CASA, in writing, for qualification of the simulator or device. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (2) An application must include: (a) a QTG for the simulator or device; and (b) a document describing the quality system that the operator proposes to use to satisfy regulation 60.060. Note: For further guidance see Advisory Circulars 60-1, 60-3 and 60-4. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.030 Initial evaluation and qualification (1) If CASA receives an application for the qualification of a flight simulator or flight training device, CASA must conduct an evaluation (an initial evaluation) of the simulator or device, including consideration of: (a) any inspection or trial of the simulator or device; and (b) the data provided in the QTG; and (c) information available from any test conducted during the initial evaluation. Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090. (2) If, after the initial evaluation, CASA is satisfied that: (a) the operator's quality system will be suitable for the simulator or device; and (b) the simulator or device meets a qualification level; CASA must qualify the simulator or device at the qualification level. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to qualify, or cancelling, suspending or varying, the qualification of, a simulator or device; or (b) a decision imposing a condition on the qualification of a device. (3) CASA may qualify a simulator or device that will simulate a new type of aircraft for which fully validated aircraft data is not available at an interim qualification level that is based on partially validated aircraft data. (4) An interim qualification level applies for the period agreed between CASA and the operator of the simulator or device. (5) If CASA qualifies a simulator or device, it must at the same time approve the QTG for the simulator or device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate (1) CASA must issue a flight simulator qualification certificate to the operator of a flight simulator, or a flight training device qualification certificate to the operator of a flight training device, if CASA qualifies the simulator or device. (2) The certificate must include the name of the operator and: (a) include information identifying the simulator or device; and (b) specify the aircraft that is simulated by the simulator or device; and (c) specify the qualification level for the simulator or device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.040 Period of validity of flight simulator qualification or flight training device qualification (1) A flight simulator qualification or flight training device qualification is in force for: (a) 12 months from the date of issue of the flight simulator qualification certificate or flight training device qualification certificate; or (b) if a shorter period is specified in the certificate--that period. (2) However, a qualification ceases to be in force if: (a) it is cancelled by CASA under regulation 60.050; or (b) there is a change of operator of the simulator or device; or (c) the simulator or device is deactivated or relocated. (3) A qualification is not in force for the period of any suspension imposed by CASA under regulation 60.050. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device (1) The operator of a qualified flight simulator or qualified flight training device may, within 60 days before the expiry of the flight simulator qualification or flight training device qualification, ask CASA, in writing, to conduct an evaluation (a recurrent evaluation) of the simulator or device. Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090. (2) Subject to subregulation (3), regulations 60.030 and 60.035 apply in respect of a recurrent evaluation in the same way as they apply to the initial evaluation. (3) During a recurrent evaluation, a qualified flight simulator or qualified flight training device must be assessed against: (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or (b) if CASA has changed the qualification level since the initial evaluation--the qualification level as changed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification (1) CASA may, by notice in writing to the operator of a qualified flight simulator or qualified flight training device, vary, cancel or suspend the qualification of the simulator or device if: (a) the simulator or device no longer meets the qualification level specified in its qualification certificate; or (b) the operator has failed to comply with a requirement of this Part in relation to the simulator or device. (2) If an operator receives a notice of variation or cancellation under subregulation (1), the operator must return the qualification certificate to CASA within 14 days after receiving the notice. (3) If CASA varies a qualification, CASA must reissue the qualification certificate specifying the qualification as varied. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.055 Flight simulator and flight training device approvals--persons other than Part 141 operators and Part 142 operators (1) This regulation applies to a person, other than a Part 141 operator or a Part 142 operator, who proposes to be the user of a qualified flight simulator or a qualified flight training device. (1AA) The person must apply to CASA, in writing, for approval to use the simulator or device. Note 1: See Advisory Circulars 60-2 and 60-4. Note 2: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 3: Part 11 deals with applications and decision making. (1A) Subject to regulation 11.055, CASA may grant the approval. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In considering whether to grant an approval, CASA must take into account: (a) the differences between the characteristics of the flight simulator or flight training device and the characteristics of a specific type (or a specific make, model and series) of aircraft, whether or not the user operates such an aircraft; and (b) the proposed user's operating and training competencies. (3) CASA may also take into account any other matter that affects the way the simulator or device operates or may be used. (5) An approval continues in force unless the applicable flight simulator qualification or flight training device qualification ceases to be in force. (6) However, if CASA is satisfied that any matter that was taken into account under subregulation (2) or (3) has changed, CASA may, by notice in writing to the user, vary, suspend or cancel the approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.060 Quality system--operators other than Part 141 operators and Part 142 operators (1) This regulation applies to the operator of a qualified flight simulator or a qualified flight training device, other than a Part 141 operator or a Part 142 operator. (1A) The operator must establish and maintain a quality system that ensures the correct operation and maintenance of the simulator or device. (2) The quality system must cover at least the following matters: (a) quality policy; (b) management responsibility; (c) document control; (d) resource allocation; (e) quality procedures; (f) internal audit. Note: The quality system may be structured according to the size and complexity of the operator's organisation, in accordance with the requirements set out in the following documents: (a) AS/NZS ISO 9001:2000 Quality Management System Requirements; (b) SQAP:2000 Simulator Quality Assurance Program Standard published by the FAA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.065 Ongoing fidelity requirements (1) The operator of a qualified flight simulator or qualified flight training device must, progressively during the 12 months after the issue of the applicable flight simulator qualification certificate or flight training device qualification certificate, perform: (a) all validation tests mentioned in the master QTG for the simulator or device; and (b) all functions and subjective tests within the current (and any planned) training program (or an equivalent sample approved by CASA). (2) The operator must establish a configuration management system to ensure the continued integrity of the equipment and software of the simulator or device. (3) The operator must maintain an on-going modification program to ensure that the equipment, software and performance of the simulator or device accurately simulates the aircraft specified in the certificate. (4) The operator must notify each user of the simulator or device, before its use, if the simulator or device is unsuitable for any training, testing or checking sequence specified in the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.070 Modification of qualified flight simulator or qualified flight training devices (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if it proposes to modify the equipment or software of the simulator or device in a way that will change the characteristics of the simulator or device. (2) If CASA receives a notice under subregulation (1), CASA may conduct an evaluation (a special evaluation) of the simulator or device as it is proposed to be modified. (3) Subject to subregulations (4) and (5), regulations 60.030 and 60.035 apply in respect of a special evaluation in the same way as they apply to the initial evaluation. (4) If CASA decides not to conduct a special evaluation: (a) the operator may make the proposed modification of the simulator or device; and (b) the flight simulator or flight training device qualification continues to be in force. (5) During a special evaluation, a simulator or device must be assessed against: (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or (b) if CASA has changed the qualification level since the initial evaluation--the qualification level as changed. Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090. (6) This regulation does not apply to the modification of a device for the purpose of a change in the qualification level of the simulator or device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.075 Change in qualification level of qualified flight simulator or qualified flight training device (1) The operator of a qualified flight simulator or qualified flight training device may ask CASA, in writing, to change the qualification level of the simulator or device. Note: For further guidance about qualification levels see the Manual of Standards. (2) If CASA receives a request under subregulation (1), it must conduct a special evaluation of the simulator or device, applying the standards in the Manual of Standards. Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090. (3) If CASA changes the qualification level, it must: (a) approve any resulting amendments to the master QTG of the simulator or device; and (b) issue a revised flight simulator qualification certificate or flight training device qualification certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if the simulator or device is deactivated. (2) An operator must notify CASA, in writing, before the operator reactivates or relocates a simulator or device, and CASA may then conduct a special evaluation of the simulator or device. Note 1: A flight simulator qualification or flight training device qualification ceases to be in force if the simulator or device is deactivated or relocated: see paragraph 60.040(2)(c). Note 2: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090. (3) During a special evaluation, a flight simulator or flight training device must be assessed against: (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or (b) if CASA has changed the qualification level since the initial evaluation--the qualification level as changed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.085 Change of operator of qualified flight simulator or qualified flight training device (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, of any proposed change of operator of the simulator or device. (2) If there is a change of operator of a simulator or device: (a) the former operator must give to the new operator the records mentioned in regulation 60.095 that apply to the simulator or device; and (b) the new operator may apply to CASA, in writing, for qualification of the simulator or device. (3) An application under paragraph (2)(b) must be accompanied by a plan of transfer setting out in detail how the new operator will comply with the requirements of this Subpart. (4) If CASA is satisfied that the new operator is able to comply with the requirements of this Subpart, CASA must: (a) approve the plan; and (b) issue a new flight simulator qualification certificate or flight training device qualification certificate. Note: A flight simulator qualification or flight training device qualification ceases to be in force if there is a change of operator: see paragraph 60.040(2)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.090 Evaluation teams CASA may: (a) arrange for an evaluation mentioned in this Subpart to be conducted by an evaluation team; and (b) appoint a person to be an evaluation team leader, having regard to the skills, qualifications and experience necessary to undertake the evaluation. Note: See Advisory Circulars 60-1 and 60-4. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 60.095 Records (1) The operator of a qualified flight simulator or qualified flight training device must keep the following records relating to the simulator or device for at least 3 years after the simulator or device is decommissioned: (a) the master QTG; (b) modification records; (c) quality system records. (2) The operator must also keep the results of each test carried out under subregulation 60.065(1) for the simulator or device for at least 3 years after the test. (3) If there is a change of operator of a simulator or device, the new operator must keep the records and test results relating to the simulator or device that were kept by the former operator. Subpart 60.C --Basic instrument flight trainers Note: This Subpart heading is reserved for future use. Part 61 --Flight crew licensing Table of contents Subpart 61.A -- Preliminary Division 61.A.1 -- General 61.005 What Part 61 is about 61.007 Application of Part 61 61.010 Definitions for Part 61 61.015 Definition of category of aircraft for Part 61 61.020 Definition of class of aircraft for Part 61 61.025 Definition of aeroplane for Part 61 61.035 Issue of Manual of Standards for Part 61 61.040 Approvals by CASA for Part 61 61.045 Prescription of qualification standards for flight simulation training devices 61.047 Prescription of recognised foreign States 61.050 Prescription of multi-engine aeroplanes included in single-engine aeroplane class 61.055 Prescription of type ratings and variants--multi-crew aircraft 61.060 Prescription of type ratings--single-pilot aircraft 61.061 Prescription of type-rated aircraft--flight review requirements for class ratings 61.062 Prescription of types of aircraft for additional limitations on class ratings 61.063 Prescription of types of single engine helicopters for flight reviews 61.065 Conduct of unauthorised activities--holders of flight crew licences Division 61.A.2 -- Flight time and other aeronautical experience 61.070 Flight to which Division 61.A.2 applies 61.075 Definition of aeronautical experience for Part 61 61.080 Definition of flight time as pilot for Part 61 61.085 Definition of flight time as co-pilot for Part 61 61.090 Definition of flight time as pilot in command for Part 61 61.095 Definition of flight time as pilot in command under supervision for Part 61 61.100 Definition of flight time as flight engineer for Part 61 61.105 Definition of instrument flight time for Part 61 61.110 Definition of instrument ground time for Part 61 Division 61.A.3 -- Performing flight crew duties without licence, rating or endorsement 61.112 Flying as a student pilot 61.113 General requirements for student pilots 61.114 Solo flights--medical requirements for student pilots 61.115 Solo flights--recent experience requirements for student pilots 61.116 Student pilots authorised to taxi aircraft 61.117 Identity checks--student pilots 61.118 Production of medical certificates etc. and identification--student pilots 61.119 Flying without licence--flight engineer duties 61.120 Operation of aircraft radio without licence 61.125 Conducting flight activities without rating or endorsement 61.126 Conducting flight activities without having met proficiency check or flight review 61.130 Operation of helicopter using auto flight control system without licence or rating 61.135 Authorisation to conduct flight training or flight test without holding type rating 61.140 Authorisation to test aircraft without holding type rating 61.145 Piloting glider without holding glider pilot licence Subpart 61.B -- Grant of flight crew licences, ratings and endorsements Division 61.B.1 -- General 61.150 People who may grant flight crew licences, ratings and endorsements 61.155 Applications for flight crew licences, ratings and endorsements 61.160 Grant of flight crew licences 61.165 Grant of flight crew ratings 61.170 Grant of flight crew endorsements 61.175 How CASA issues flight crew licences, ratings and endorsements 61.180 How examiner, instructor or approval holder issues rating or endorsement 61.185 New licence document if licence, rating or endorsement cancelled 61.190 Licence holder to comply with limitations and requirements of Part 61 Division 61.B.2 -- Flight training and other training 61.195 Flight training requirements 61.200 Differences training requirements 61.205 When training must not be conducted in aircraft 61.210 Other approved courses of training or professional development Division 61.B.3 -- Aeronautical knowledge examinations 61.215 Aeronautical knowledge examinations--general 61.220 Aeronautical knowledge examinations--air transport pilot licence 61.225 Aeronautical knowledge examinations--pass standards 61.230 Aeronautical knowledge examinations--knowledge deficiency reports Division 61.B.4 -- Flight tests 61.235 Flight tests for flight crew licences and ratings--prerequisites 61.240 Consequences of taking flight test when ineligible 61.245 Conduct of flight tests for flight crew licences, ratings and endorsements 61.250 Pass standards for flight tests Division 61.B.5 -- English language proficiency 61.255 Aviation English language proficiency assessments 61.260 Duration of English language proficiency assessments 61.265 Recreational pilot licences--general English language proficiency 61.270 Approval of language proficiency assessors Division 61.B.6 -- Recognition of overseas flight crew authorisations 61.275 Overseas flight crew authorisations--recognition 61.280 Grant of flight crew licences, ratings or endorsements under bilateral agreements Division 61.B.7 -- Recognition of Australian Defence Force qualifications 61.285 Australian Defence Force qualifications--recognition Subpart 61.C -- Certificates of validation 61.290 Grant of certificates of validation 61.295 Privileges of certificates of validation 61.300 Limitations on exercise of privileges of certificates of validation--medical certificate 61.305 Limitations on exercise of privileges of certificates of validation--recent experience, flight review and proficiency check 61.310 Limitations on exercise of privileges of certificates of validation--carriage of documents 61.315 Conduct of unauthorised activities by holders of certificates of validation 61.320 Certificates of validation--period of validity 61.325 Certificates of validation--renewal Subpart 61.D -- General obligations of flight crew licence holders 61.335 Identity checks 61.336 Provision of photograph 61.340 Production of licence documents, medical certificates and identification 61.345 Personal logbooks--pilots 61.350 Personal logbooks--flight engineers 61.355 Retention of personal logbooks 61.360 False entries in personal logbooks 61.365 Production of personal logbooks Subpart 61.E -- Pilot licensing--general limitations and authorisations Division 61.E.1 -- General limitations on exercise of pilot licence privileges 61.375 Limitations on exercise of privileges of pilot licences--ratings 61.380 Limitations on exercise of privileges of pilot licences--flight activity and design feature endorsements 61.385 Limitations on exercise of privileges of pilot licences--general competency requirement 61.390 Limitations on exercise of privileges of pilot licences--operating requirements and limitations 61.395 Limitations on exercise of privileges of pilot licences--recent experience for certain passenger flight activities 61.400 Limitations on exercise of privileges of pilot licences--flight review 61.405 Limitations on exercise of privileges of pilot licences--medical requirements--recreational pilot licence holders 61.410 Limitations on exercise of privileges of pilot licences--medical certificates: private pilot licence holders 61.415 Limitations on exercise of privileges of pilot licences--medical certificates: commercial, multi-crew and air transport pilot licence holders 61.420 Limitations on exercise of privileges of pilot licences--carriage of documents 61.422 Limitations on exercise of privileges of pilot licences--aviation English language proficiency 61.425 Limitations on exercise of privileges of pilot licences--unregistered aircraft 61.427 Removal of certain pilot licence conditions about airspace Division 61.E.2 -- General authorisations for pilot licences 61.430 Holders of pilot licences authorised to taxi aircraft 61.435 When holders of pilot licences authorised to operate aircraft radio Subpart 61.G -- Recreational pilot licences Division 61.G.1 -- Privileges and grant of licences 61.460 Privileges of recreational pilot licences 61.465 Limitations on exercise of privileges of recreational pilot licences--general 61.470 Limitations on exercise of privileges of recreational pilot licences--endorsements 61.475 Requirements for grant of recreational pilot licences 61.480 Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations Division 61.G.2 -- Recreational pilot licence endorsements 61.485 Kinds of recreational pilot licence endorsements 61.490 Privileges of recreational pilot licence endorsements 61.495 Requirements for grant of recreational pilot licence endorsements 61.500 Grant of endorsement in recognition of other qualifications Subpart 61.H -- Private pilot licences Division 61.H.1 -- General 61.505 Privileges of private pilot licences 61.510 Limitations on exercise of privileges of private pilot licences--multi-crew operations 61.515 Requirements for grant of private pilot licences--general Division 61.H.2 -- Aeronautical experience requirements for private pilot licences--applicants who have completed integrated training courses 61.520 Application of Division 61.H.2 61.525 Aeronautical experience requirements for grant of private pilot licences--aeroplane category 61.530 Aeronautical experience requirements for grant of private pilot licences--helicopter category 61.535 Aeronautical experience requirements for grant of private pilot licences--gyroplane category Division 61.H.3 -- Aeronautical experience requirements for private pilot licences--applicants who have not completed integrated training courses 61.540 Application of Division 61.H.3 61.545 Aeronautical experience requirements for grant of private pilot licences--aeroplane category 61.550 Aeronautical experience requirements for grant of private pilot licences--helicopter category 61.555 Aeronautical experience requirements for grant of private pilot licences--powered-lift aircraft category 61.560 Aeronautical experience requirements for grant of private pilot licences--gyroplane category 61.565 Aeronautical experience requirements for grant of private pilot licences--airship category Subpart 61.I -- Commercial pilot licences Division 61.I.1 -- General 61.570 Privileges of commercial pilot licences 61.575 Limitations on exercise of privileges of commercial pilot licences--multi-crew operations 61.580 Requirements for grant of commercial pilot licences--general Division 61.I.2 -- Aeronautical experience requirements for commercial pilot licences--applicants who have completed integrated training courses 61.585 Application of Division 61.I.2 61.590 Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category 61.595 Aeronautical experience requirements for grant of commercial pilot licences--helicopter category 61.600 Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category Division 61.I.3 -- Aeronautical experience requirements for commercial pilot licences--applicants who have not completed integrated training courses 61.605 Application of Division 61.I.3 61.610 Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category 61.615 Aeronautical experience requirements for grant of commercial pilot licences--helicopter category 61.620 Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category 61.625 Aeronautical experience requirements for grant of commercial pilot licences--gyroplane category 61.630 Aeronautical experience requirements for grant of commercial pilot licences--airship category Subpart 61.J -- Multi-crew pilot licences 61.635 Privileges of multi-crew pilot licences 61.640 Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: general 61.645 Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: recent experience 61.650 Limitations on exercise of privileges of multi-crew pilot licences--instrument proficiency check 61.655 Requirements for grant of multi-crew pilot licences 61.660 Aeronautical experience requirements for grant of multi-crew pilot licences--aeroplane category Subpart 61.K -- Air transport pilot licences 61.665 Privileges of air transport pilot licences 61.670 Limitations on exercise of privileges of air transport pilot licences--helicopter IFR flight 61.675 Limitations on exercise of privileges of air transport pilot licences--single-pilot IFR flight 61.680 Limitations on exercise of privileges of air transport pilot licences--IFR flight: general 61.685 Limitations on exercise of privileges of air transport pilot licences--IFR flight: recent experience 61.695 Limitations on exercise of privileges of air transport pilot licences--instrument proficiency check 61.700 Requirements for grant of air transport pilot licences--general 61.705 Aeronautical experience requirements for grant of air transport pilot licences--aeroplane category 61.710 Aeronautical experience requirements for grant of air transport pilot licences--helicopter category 61.715 Aeronautical experience requirements for grant of air transport pilot licences--powered-lift aircraft category Subpart 61.L -- Aircraft ratings and endorsements for pilot licences Division 61.L.1 -- Preliminary 61.720 What Subpart 61.L is about Division 61.L.2 -- Aircraft category ratings 61.725 Privileges of aircraft category ratings 61.730 Requirements for grant of aircraft category ratings Division 61.L.3 -- Aircraft class ratings 61.735 Privileges of aircraft class ratings 61.745 Limitations on exercise of privileges of aircraft class ratings--flight review 61.747 Limitations on exercise of privileges of class ratings in certain aircraft--flight review 61.750 Requirements for grant of aircraft class ratings Division 61.L.4 -- Design feature endorsements 61.755 Design features that require design feature endorsement 61.760 Privileges of design feature endorsements 61.765 Requirements for grant of design feature endorsements Division 61.L.5 -- Pilot type ratings 61.770 Privileges of pilot type ratings 61.775 Limitations on exercise of privileges of pilot type ratings--flight test in flight simulator 61.780 Limitations on exercise of privileges of pilot type ratings--variants 61.785 Limitations on exercise of privileges of pilot type ratings--single-pilot operation and multi-crew operation 61.790 Limitations on exercise of privileges of pilot type ratings--IFR operation 61.795 Limitations on exercise of privileges of pilot type ratings--recent experience on aircraft models 61.800 Limitations on exercise of privileges of pilot type ratings--flight review 61.805 Limitations on exercise of privileges of pilot type ratings--instrument proficiency check 61.810 Requirements for grant of pilot type ratings 61.815 Person taken to meet requirements for grant of pilot type rating--multi-crew pilot licence holder 61.820 Person taken to meet requirements for grant of pilot type rating--new type rating 61.822 Removal of type rating condition about acting as pilot in command Division 61.L.6 -- Cruise relief type ratings 61.825 Kinds of cruise relief type rating 61.830 Privileges of cruise relief type ratings 61.835 Limitations on exercise of privileges of cruise relief type ratings--general 61.840 Limitations on exercise of privileges of cruise relief type ratings--recent experience 61.845 Requirements for grant of cruise relief type ratings 61.850 Person taken to meet requirements for grant of cruise relief type rating--new type rating Subpart 61.M -- Instrument ratings Division 61.M.1 -- Privileges and requirements for grant of instrument ratings 61.855 Privileges of instrument ratings 61.860 Limitations on exercise of privileges of instrument ratings--general 61.865 Limitations on exercise of privileges of instrument ratings--endorsements 61.870 Limitations on exercise of privileges of instrument ratings--recent experience: general 61.875 Limitations on exercise of privileges of instrument ratings--recent experience: single pilot 61.880 Limitations on exercise of privileges of instrument ratings--instrument proficiency check 61.885 Requirements for grant of instrument ratings 61.887 Removal of instrument rating conditions about acting as pilot in command under IFR Division 61.M.2 -- Privileges and requirements for grant of instrument endorsements 61.890 Kinds of instrument endorsement 61.895 Privileges of instrument endorsements 61.900 Limitations on exercise of privileges of instrument endorsements 61.905 Requirements for grant of instrument endorsements Subpart 61.N -- Private instrument ratings Division 61.N.1 -- Privileges and requirements for grant of private instrument ratings 61.910 Privileges of private instrument ratings 61.915 Limitations on exercise of privileges of private instrument ratings--endorsements 61.920 Limitations on exercise of privileges of private instrument ratings--recent experience 61.925 Limitations on exercise of privileges of private instrument ratings--flight review 61.930 Requirements for grant of private instrument ratings Division 61.N.2 -- Privileges and requirements for grant of private instrument endorsements 61.935 Kinds of private instrument endorsement 61.940 Privileges of private instrument endorsements 61.942 Limitations on exercise of privileges of private instrument endorsements--visibility and cloud 61.945 Limitations on exercise of privileges of private instrument endorsements 61.950 Requirements for grant of private instrument endorsements Subpart 61.O -- Night VFR ratings Division 61.O.1 -- Privileges and requirements for grant of night VFR ratings 61.955 Privileges of night VFR ratings 61.960 Limitations on exercise of privileges of night VFR ratings--endorsements 61.965 Limitations on exercise of privileges of night VFR ratings--recent experience 61.970 Limitations on exercise of privileges of night VFR ratings--flight review 61.975 Requirements for grant of night VFR ratings Division 61.O.2 -- Privileges and requirements for grant of night VFR endorsements 61.980 Kinds of night VFR endorsement 61.985 Privileges of night VFR endorsements 61.990 Requirements for grant of night VFR endorsements Subpart 61.P -- Night vision imaging system ratings Division 61.P.1 -- Privileges and requirements for grant of night vision imaging system ratings 61.995 Privileges of night vision imaging system ratings 61.1000 Limitations on exercise of privileges of night vision imaging system ratings--general 61.1005 Limitations on exercise of privileges of night vision imaging system ratings--endorsements 61.1010 Limitations on exercise of privileges of night vision imaging system ratings--recent experience 61.1015 Limitations on exercise of privileges of night vision imaging system ratings--night vision imaging system proficiency check 61.1020 Requirements for grant of night vision imaging system ratings Division 61.P.2 -- Privileges and requirements for grant of night vision imaging system endorsements 61.1025 Kinds of night vision imaging system endorsement 61.1030 Privileges of night vision imaging system endorsements 61.1035 Requirements for grant of night vision imaging system endorsements Subpart 61.Q -- Low-level ratings Division 61.Q.1 -- Privileges and requirements for grant of low-level ratings 61.1040 Privileges of low-level ratings 61.1045 Limitations on exercise of privileges of low-level ratings--general 61.1050 Limitations on exercise of privileges of low-level ratings--endorsements 61.1055 Limitations on exercise of privileges of low-level ratings--recent experience 61.1060 Limitations on exercise of privileges of low-level ratings--flight review 61.1070 Requirements for grant of low-level ratings Division 61.Q.2 -- Privileges and requirements for grant of low-level endorsements 61.1075 Kinds of low-level endorsement 61.1080 Privileges of low-level endorsements 61.1085 Requirements for grant of low-level endorsements Subpart 61.R -- Aerial application ratings Division 61.R.1 -- Privileges and requirements for grant of aerial application ratings 61.1090 Privileges of aerial application ratings 61.1100 Limitations on exercise of privileges of aerial application ratings--endorsements 61.1105 Limitations on exercise of privileges of aerial application ratings--recent experience 61.1110 Limitations on exercise of privileges of aerial application ratings--aerial application proficiency check 61.1115 Requirements for grant of aerial application ratings Division 61.R.2 -- Privileges and requirements for grant of aerial application endorsements 61.1120 Kinds of aerial application endorsement 61.1125 Privileges of aerial application endorsements 61.1130 Limitations on exercise of privileges of aerial application endorsements--supervision 61.1135 Limitations on exercise of privileges of night aerial application endorsements 61.1140 Requirements for grant of aerial application endorsements Subpart 61.S -- Flight activity endorsements 61.1145 Kinds of flight activity endorsement 61.1150 Privileges of flight activity endorsements 61.1155 Limitations on exercise of privileges of flight activity endorsements--medical certificates 61.1160 Requirements for grant of flight activity endorsements Subpart 61.T -- Pilot instructor ratings Division 61.T.1 -- Privileges and requirements for grant of flight instructor ratings 61.1165 Privileges of flight instructor ratings 61.1170 Limitations on exercise of privileges of flight instructor ratings--general 61.1172 Limitations on exercise of privileges of flight instructor rating--rating granted on basis of transitional provisions 61.1175 Limitations on exercise of privileges of flight instructor ratings--endorsements 61.1180 Limitations on exercise of privileges of flight instructor ratings--instructor proficiency check 61.1185 Requirements for grant of flight instructor ratings Division 61.T.2 -- Privileges and requirements for grant of simulator instructor ratings 61.1190 Privileges of simulator instructor ratings 61.1195 Limitations on exercise of privileges of simulator instructor ratings--general 61.1197 Limitations on exercise of privileges of simulator instructor rating--rating granted on basis of transitional provisions 61.1200 Limitations on exercise of privileges of simulator instructor ratings--endorsements 61.1205 Limitations on exercise of privileges of simulator instructor ratings--instructor proficiency check 61.1210 Requirements for grant of simulator instructor ratings Division 61.T.3 -- Obligations of pilot instructors 61.1215 Obligations of pilot instructors--training 61.1220 Obligations of pilot instructors--flight reviews 61.1225 Obligations of pilot instructors--student pilots 61.1227 Obligations of pilot instructors--approval to operate aircraft radio 61.1230 Obligations of pilot instructors--records of activities conducted independently of Part 141 or 142 operator Division 61.T.4 -- Privileges and requirements for grant of training endorsements 61.1235 Kinds of training endorsement 61.1240 Privileges of training endorsements 61.1245 Limitations on exercise of privileges of training endorsements--general 61.1246 Limitations on exercise of privileges of grade 3 training endorsements 61.1247 Limitations on exercise of privileges of low level training endorsements 61.1250 Requirements for grant of training endorsements Subpart 61.U -- Flight examiner ratings Division 61.U.1 -- Privileges and requirements for grant of flight examiner ratings 61.1255 Privileges of flight examiner ratings 61.1265 Limitations on exercise of privileges of flight examiner ratings--endorsements 61.1270 Limitations on exercise of privileges of flight examiner ratings--professional development 61.1275 Limitations on exercise of privileges of flight examiner ratings--recent experience 61.1280 Limitations on exercise of privileges of flight examiner ratings--flight reviews and subject matter proficiency checks 61.1285 Limitations on exercise of privileges of flight examiner ratings--examiner proficiency check 61.1290 Requirements for grant of flight examiner ratings Division 61.U.2 -- Obligations of flight examiners 61.1295 Obligations of flight examiners--flight tests: strict liability offences 61.1300 Obligations of flight examiners--flight tests: other offences 61.1305 Obligations of flight examiners--proficiency checks Division 61.U.3 -- Privileges and requirements for grant of flight examiner endorsements 61.1310 Kinds of flight examiner endorsement 61.1315 Privileges of flight examiner endorsements 61.1318 Limitations on exercise of privileges of flight examiner endorsements--flight tests in aircraft 61.1320 Requirements for grant of flight examiner endorsements Subpart 61.V -- Flight engineer licences 61.1325 Privileges of flight engineer licences 61.1330 Limitations on exercise of privileges of flight engineer licences--ratings 61.1335 Limitations on exercise of privileges of flight engineer licences--recent experience 61.1340 Limitations on exercise of privileges of flight engineer licences--flight review 61.1345 Limitations on exercise of privileges of flight engineer licences--current medical certificates 61.1350 Limitations on exercise of privileges of flight engineer licences--carriage of documents 61.1352 Limitations on exercise of privileges of flight engineer licences--aviation English language proficiency 61.1355 Certain holders of flight engineer licences authorised to operate aircraft radio 61.1360 Requirements for grant of flight engineer licences Subpart 61.W -- Flight engineer type ratings 61.1365 Privileges of flight engineer type ratings 61.1370 Limitations on exercise of privileges of flight engineer type ratings--general 61.1375 Limitations on exercise of privileges of flight engineer type ratings--recent experience on aircraft models 61.1380 Limitations on exercise of privileges of flight engineer type ratings--flight review 61.1385 Requirements for grant of flight engineer type ratings 61.1390 Person taken to meet requirements for grant of flight engineer type rating--new type rating Subpart 61.X -- Flight engineer instructor ratings Division 61.X.1 -- Privileges and requirements for grant of flight engineer instructor ratings 61.1395 Privileges of flight engineer instructor ratings 61.1400 Limitations on exercise of privileges of flight engineer instructor ratings--general 61.1402 Limitations on exercise of privileges of flight engineer instructor rating--rating granted on basis of transitional provisions 61.1405 Limitations on exercise of privileges of flight engineer instructor ratings--endorsements 61.1410 Limitations on exercise of privileges of flight engineer instructor ratings--instructor proficiency check 61.1415 Requirements for grant of flight engineer instructor ratings Division 61.X.2 -- Obligations of flight engineer instructors 61.1420 Obligations of flight engineer instructors--training 61.1425 Obligations of flight engineer instructors--flight review 61.1427 Obligations of flight engineer instructors--approval to operate aircraft radio Division 61.X.3 -- Privileges and requirements for grant of flight engineer training endorsements 61.1430 Kinds of flight engineer training endorsement 61.1435 Privileges of flight engineer training endorsements 61.1440 Requirements for grant of flight engineer training endorsements Subpart 61.Y -- Flight engineer examiner ratings Division 61.Y.1 -- Privileges and requirements for grant of flight engineer examiner ratings 61.1445 Privileges of flight engineer examiner ratings 61.1455 Limitations on exercise of privileges of flight engineer examiner ratings--endorsements 61.1460 Limitations on exercise of privileges of flight engineer examiner ratings--professional development 61.1465 Limitations on exercise of privileges of flight engineer examiner ratings--recent experience 61.1470 Limitations on exercise of privileges of flight engineer examiner ratings--examiner proficiency check 61.1475 Requirements for grant of flight engineer examiner ratings Division 61.Y.2 -- Obligations of flight engineer examiners 61.1480 Obligations of flight engineer examiners--flight tests: strict liability offences 61.1485 Obligations of flight engineer examiners--flight tests: other offences 61.1490 Obligations of flight engineer examiners--proficiency checks Division 61.Y.3 -- Privileges and requirements for grant of flight engineer examiner endorsements 61.1495 Kinds of flight engineer examiner endorsement 61.1500 Privileges of flight engineer examiner endorsements 61.1505 Requirements for grant of flight engineer examiner endorsements Subpart 61.Z -- Glider pilot licences 61.1510 Privileges of glider pilot licences 61.1515 Limitations on exercise of privileges of glider pilot licences--general 61.1520 Limitations on exercise of privileges of glider pilot licences--recent experience 61.1525 Limitations on exercise of privileges of glider pilot licences--flight review 61.1530 Limitations on exercise of privileges of glider pilot licences--medical certificates 61.1535 Limitations on exercise of privileges of glider pilot licences--carriage of documents 61.1540 Requirements for grant of glider pilot licences Subpart 61.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.005 What Part 61 is about (1) This Part sets out the licensing scheme for pilots and flight engineers of registered aircraft. (2) Subpart 61.A sets out: (a) preliminary matters; and (b) when a flight crew licence, rating or endorsement is not required. (3) Subpart 61.B sets out: (a) the general requirements for the grant of a flight crew licence, rating or endorsement; and (b) the requirements for the grant of a flight crew licence, rating or endorsement in recognition of an overseas or military qualification. Note: A reference to a flight crew licence includes a glider pilot licence: see the definition of flight crew licence in regulation 61.010. (4) Subpart 61.C sets out rules relating to a certificate of validation of an overseas qualification, including: (a) requirements for the grant of a certificate of validation; and (b) the effect of a certificate of validation. (5) Subpart 61.D sets out obligations that apply to all holders of flight crew licences, ratings and endorsements. (6) Subpart 61.E: (a) sets out limitations that apply to the exercise of the privileges of all pilot licences; and (b) provides for the authorisations to taxi an aircraft and to operate an aircraft radio. Note: A reference to a pilot licence does not include a glider pilot licence: see the definition of pilot licence in regulation 61.010. (7) Subparts 61.G to 61.K make particular provision for each kind of pilot licence, including: (a) the privileges of the licence; and (b) limitations on the exercise of the privileges; and (c) the requirements for the grant of the licence. (8) Subparts 61.L to 61.U provide for ratings and endorsements on pilot licences, setting out: (a) the privileges of each rating or endorsement; and (b) limitations on the exercise of the privileges of the rating or endorsement; and (c) the requirements for the grant of the rating or endorsement; and (d) for the flight instructor, simulator instructor and flight examiner ratings--obligations that apply to the holder of the rating. (9) Subparts 61.V to 61.Y provide for flight engineer licences, and ratings and endorsements on flight engineer licences. (10) Subpart 61.Z makes particular provision for glider pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.007 Application of Part 61 (1) This Part applies to flight in a registered aircraft of any of the following categories: (a) aeroplane; (b) helicopter; (c) powered-lift aircraft; (d) gyroplane; (e) airship. (2) The Part applies also to flight in a registered glider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.010 Definitions for Part 61 In this Part: " aerial application endorsement "means an endorsement mentioned in column 1 of table 61.1120. " aerial application operation " means a flight that is carried out by an aircraft to apply application material. " aerial application proficiency check " means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot's competency to exercise the privileges of an aerial application rating. " aeronautical experience ": see regulation 61.075. " aeronautical knowledge examination ", for a flight crew licence, rating or endorsement, means an examination set under regulation 61.215 for the grant of the licence, rating or endorsement. " aeroplane ": see regulation 61.025. " approved course of professional development , for a provision of this Part," means a course of professional development for which the provider holds an approval under regulation 61.040 for the provision. " approved course of training , for a provision of this Part," means a course of training: (a) for which the provider holds an approval under regulation 61.040 for the provision; or (b) that a Part 141 or 142 operator is authorised to conduct; or (c) that a person holds an approval under regulation 141.035 or 142.040 to conduct. " approved flight simulation training device " : a flight simulation training device is an approved flight simulation training device for a purpose if: (a) a Part 141 operator's operations manual, or a Part 142 operator's exposition, states that the device may be used for the purpose; or (b) the operator of the device holds an approval under regulation 60.055 or 61.040 to use the device for the purpose; or (c) the device is: (i) qualified (however described) by the national aviation authority of a recognised foreign State; and (ii) approved for the purpose by the national aviation authority. " approved flight simulator ": a flight simulator is an approved flight simulator for a purpose if: (a) a Part 141 operator's operations manual, or a Part 142 operator's exposition, states that the simulator may be used for the purpose; or (b) the operator of the simulator holds an approval under regulation 60.055 to use the simulator for the purpose; or (c) the simulator is: (i) qualified (however described) by the national aviation authority of a recognised foreign State; and (ii) approved for the purpose by the national aviation authority. " associated ": an aircraft category rating is associated with a pilot licence if: (a) for an application for the pilot licence--the application includes an application for the rating; or (b) in any other case--the rating was granted on the basis of the applicant having met the requirements for the grant of the pilot licence with the rating. Note: An aircraft category rating has effect only for the pilot licence with which it is associated: see regulation 61.725. " aviation English language proficiency assessment " means an aviation English language proficiency assessment conducted under regulation 61.255. " aviation English language proficiency assessor " means the holder of an approval under regulation 61.270 to conduct an aviation English language proficiency assessment. " azimuth guidance operation " means an instrument approach operation using azimuth bearings for lateral navigation guidance. " basic instrument flight training " means flight training in the units of competency for instrument flight mentioned in the Part 61 Manual of Standards for the grant of a private pilot licence or commercial pilot licence. " category "of aircraft: see regulation 61.015. " category specific ": a rating or endorsement is category specific if the rating or endorsement applies only to an aircraft category that is specified on the rating or endorsement. " Certificate IV in Training and Assessment " means a Certificate IV in Training and Assessment issued by a registered training organisation under the Australian Qualifications Framework. Note: See www.aqf.edu.au/. " certificate of validation "means a certificate of validation granted under Subpart 61.C. " circling approach " means an extension of an instrument approach operation that includes a visual circling manoeuvre to position an aircraft for a landing. " class "of aircraft: see regulation 61.020. " conduct ", as a verb, means: (a) in relation to a flight operation--to occupy a flight control seat in an aircraft while the operation takes place; or (b) in relation to a simulated flight operation--to occupy a flight control seat in a flight simulation training device while the simulated operation takes place; or (c) in relation to an operation of a tethered helicopter--to occupy a flight control seat in the tethered helicopter while the operation takes place. " course deviation indicator operation " means an instrument approach operation using a course deviation indicator for lateral navigation guidance. " cross-country flight "means a flight along a pre-planned route during which the pilot uses geometry, topography or radio navigation aids to determine the aircraft's position and course. " cross-country flight time "means flight time accrued during a cross-country flight. " cruise relief type rating "means: (a) a cruise relief co-pilot type rating; or (b) a cruise relief flight engineer type rating. " current ": (a) for an aviation English language proficiency assessment--see regulation 61.260; and (b) for a recreational aviation medical practitioner's certificate held by: (i) a student pilot--see subregulation 61.114(6); and (ii) a recreational pilot licence holder--see subregulation 61.405(3); and (c) for a certificate of validation or medical certificate--means a certificate that is in force. " differences training ", for a variant, means the training mentioned in regulation 61.200 for the variant. " dual cross-country flight time "means cross-country flight time that is conducted in dual flight. " dual flight "means flight conducted while receiving training from a pilot instructor occupying a flight control seat in an aircraft that is fitted with fully functional dual controls. " dual flight check " means an in-flight assessment by a flight instructor of the competency of a student pilot to conduct a solo training flight. " dual instrument flight time "means instrument flight time that is conducted in dual flight. " dual instrument ground time "means instrument ground time that is conducted in dual simulated flight. " dual instrument time "means: (a) dual instrument flight time; or (b) dual instrument ground time. " dual simulated flight "means simulated flight conducted while receiving training from a pilot instructor occupying a flight control seat in a flight simulation training device that is fitted with fully functional dual controls. " duration ", of a flight, means: (a) for a flight in an aeroplane or gyroplane--the time from the moment the aircraft begins moving, whether or not under its own power, in preparation for flight until the moment it comes to rest at the end of the flight; or (b) for a flight in a helicopter or powered-lift aircraft--the time from the moment the aircraft's rotor blades start turning until the moment the rotor blades stop turning after the aircraft comes to rest at the end of the flight; or (c) for a flight in an airship--the time from the moment the airship is released from its mooring until the moment it is tethered at the end of the flight; or (d) for a flight in a glider--the time from the moment the glider first begins moving in preparation for flight, whether being towed or not, until the moment it comes to rest at the end of the flight. " endorsement "means a flight crew endorsement. " equivalent ", for an overseas flight crew licence, rating or endorsement: an overseas flight crew licence, rating or endorsement (however described) is equivalent to a flight crew licence, rating or endorsement granted under this Part (an Australian authorisation) if it allows the holder to conduct substantially the same activities as the Australian authorisation. " examiner "means: (a) a flight examiner; or (b) a flight engineer examiner. " examiner rating "means: (a) a flight examiner rating; or (b) a flight engineer examiner rating. " flight "means flight in: (a) an aeroplane; or (b) a helicopter; or (c) an airship; or (d) a glider, other than a hang glider; or (e) a gyroplane; or (f) a powered-lift aircraft. " flight activity endorsement "means an endorsement mentioned in column 1 of table 61.1145. " flight crew endorsement "means an endorsement granted under this Part on a flight crew licence. " flight crew licence "means: (a) a pilot licence; or (b) a flight engineer licence; or (c) a glider pilot licence. " flight crew rating "means a rating granted under this Part on a flight crew licence. " flight engineer examiner "means the holder of a flight engineer examiner rating. " flight engineer examiner endorsement " means an endorsement mentioned in column 1 of table 61.1495. " flight engineer flight test endorsement " means an endorsement mentioned in column 1 of Part 1 of table 61.1495. " flight engineer instructor "means the holder of a flight engineer instructor rating. " flight engineer training endorsement " means an endorsement mentioned in column 1 of table 61.1430. " flight examiner "means the holder of a flight examiner rating. " flight examiner endorsement "means an endorsement mentioned in column 1 of table 61.1310. " flight instructor "means the holder of a flight instructor rating. " flight review "means an assessment of the competency of a flight crew member to perform: (a) for the holder of a pilot licence or flight engineer licence--an activity authorised by a flight crew rating that the crew member holds; or (b) for the holder of a glider pilot licence--an activity authorised by the licence. " flight simulation training device " means: (a) a qualified flight simulator; or (b) a qualified flight training device; or (c) a synthetic trainer that is approved under Civil Aviation Order 45.0; or (d) a device that meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or (e) a device that is qualified (however described) by the national aviation authority of a recognised foreign State. " flight test ", for a flight crew licence, rating or endorsement, means a test conducted under regulation 61.245 for the licence, rating or endorsement. " flight test endorsement "means an endorsement mentioned in column 1 of Part 1 of table 61.1310. " flight time "as: (a) a pilot: see regulation 61.080; and (b) a co-pilot: see regulation 61.085; and (c) a pilot in command: see regulation 61.090; and (d) a pilot in command under supervision: see regulation 61.095; and (e) a flight engineer: see regulation 61.100. " flight training ", for a flight crew licence, rating or endorsement, means the training mentioned in regulation 61.195 for the licence, rating or endorsement. " initial flight training " means dual flight conducted for training in the units of competency mentioned in the Part 61 Manual of Standards for the grant of a recreational pilot licence. " instructor "means: (a) a flight instructor; or (b) a simulator instructor; or (c) a flight engineer instructor. " instructor proficiency check " means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of an instructor's competency to conduct flight training. " instructor rating "means: (a) a flight instructor rating; or (b) a simulator instructor rating; or (c) a flight engineer instructor rating. " instrument endorsement "means an endorsement mentioned in column 1 of table 61.890. " instrument flight time ": see regulation 61.105. " instrument ground time ": see regulation 61.110. " instrument proficiency check "means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot's competency to pilot an aircraft under the IFR. " instrument time "means: (a) instrument flight time; or (b) instrument ground time. " knowledge deficiency report "means a report prepared, and given to a person, under regulation 61.230 . " licence "means a flight crew licence. " licence document ": see regulation 61.175. " low-level endorsement "means an endorsement mentioned in column 1 of table 61.1075. " low-level operation "means an operation below 500 ft AGL, other than the following: (a) climbing from take-off; (b) descending for the purpose of landing; (c) an aerial application operation. " maximum certificated passenger seating capacity", for an aircraft, means the maximum passenger seating capacity stated in the aircraft's type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate. " maximum certificated take-off weight ", for an aircraft, means the maximum take-off weight stated in the aircraft's type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate. " medical exemption " means: (a) for the conduct of a solo flight by a student pilot--an approval under regulation 61.040 to conduct the solo flight without holding a current medical certificate or recreational aviation medical practitioner's certificate; and (b) for the exercise of the privileges of a flight crew licence or rating--an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current medical certificate or recreational aviation medical practitioner's certificate. " medical practitioner "means a person entitled to practise as a medical practitioner under a law of a State or Territory. " multi-crew ", in relation to an aircraft, means that the aircraft is certificated for operation by a crew of at least 2 pilots. " multi-crew operation "means an operation that requires at least 2 pilots in: (a) a multi-crew aircraft; or (b) an aircraft that is equipped, and required by these Regulations, to be operated by a crew of at least 2 pilots. " multi-crew pilot licence training course "means a course of training for the grant of a multi-crew pilot licence conducted by a Part 142 operator. " multi-crew type rating "means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a multi-crew operation. " multi-engine aeroplane "means an aeroplane that has 2 or more engines, other than: (a) a multi-engine centre-line thrust aeroplane; or (b) an aeroplane that is prescribed by a legislative instrument under regulation 61.050 as an aeroplane that is included in the single-engine aeroplane class. " multi-engine centre-line thrust aeroplane" means an aeroplane with 2 or more engines that: (a) has the thrust line along the longitudinal axis of the aeroplane; and (b) has no asymmetric handling effect about the normal axis in the event of an engine failure. " night VFR endorsement "means an endorsement mentioned in column 1 of table 61.980. " night vision goggles "means a self-contained binocular night vision enhancement device that: (a) is helmet-mounted or otherwise worn by a person; and (b) can detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum. " night vision imaging system endorsement " means an endorsement mentioned in column 1 of table 61.1025. " night vision imaging system proficiency check " means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot's competency to pilot a helicopter using a night vision imaging system. " operational endorsement "means any of the following endorsements: (a) an aerial application endorsement; (b) a flight activity endorsement; (c) a flight examiner endorsement; (d) an instrument endorsement; (e) a low-level endorsement; (f) a night VFR endorsement; (g) a night vision imaging system endorsement; (h) a private instrument endorsement; (i) a training endorsement; (j) a flight engineer examiner endorsement; (k) a flight engineer training endorsement. " operational rating "means any of the following ratings: (a) an aerial application rating; (b) an examiner rating; (c) an instructor rating; (d) an instrument rating; (e) a low-level rating; (f) a night VFR rating; (g) a night vision imaging system rating; (h) a private instrument rating. " operator proficiency check "means an assessment conducted by an operator in accordance with its training and checking responsibilities under these Regulations of whether a person has the aeronautical skills and knowledge required by the operator. " overseas endorsement "means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew endorsement. " overseas flight crew licence "means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew licence. " overseas medical certificate "means a medical certificate (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a medical certificate. " overseas rating "means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew rating. " pilot ", used as a noun, means a person authorised under this Part to manipulate the flight controls of an aircraft during flight. " pilot ", used as a verb, means: (a) to manipulate the flight controls of an aircraft during flight; or (b) to occupy a flight control seat in an aircraft during flight. " pilot in command under supervision "means a pilot, other than a student pilot, who performs the duties and functions of the pilot in command of an aircraft under the supervision of a pilot who is authorised by the operator of the aircraft to conduct the supervision. " pilot instructor "means: (a) a flight instructor; or (b) a simulator instructor. " pilot licence "means any of the following licences: (a) an air transport pilot licence; (b) a commercial pilot licence; (c) a multi-crew pilot licence; (d) a private pilot licence; (e) a recreational pilot licence. " private instrument endorsement "means an endorsement mentioned in column 1 of table 61.935. " privilege ", in relation to a flight crew licence, rating or endorsement, means an activity that the holder of the licence, rating or endorsement is authorised, under this Part, to conduct. " published lowest safe altitude " has the meaning given by subregulation 178(7) of CAR. " rating "means a flight crew rating. " recent photograph ", at a particular time, means a photograph taken within 6 months before that time. " recognised aeroplane " means an aeroplane: (a) that is on the register of aircraft kept by a Contracting State; or (b) that is a State aircraft. " recognised foreign State "means any of the following: (a) Canada; (b) Hong Kong; (c) New Zealand; (d) United States of America; (e) the following EASA member States: (i) Belgium; (ii) Czech Republic; (iii) Denmark; (iv) Finland; (v) France; (vi) Germany; (vii) Ireland; (viii) Italy; (ix) Netherlands; (x) Norway; (xi) Portugal; (xii) Spain; (xiii) Sweden; (xiv) Switzerland; (xv) United Kingdom; (f) any other foreign country prescribed by a legislative instrument under regulation 61.047. " recognised gyroplane " means a gyroplane: (a) that is on the register of aircraft kept by a Contracting State; or (b) that is a State aircraft. " recognised helicopter "means a helicopter: (a) that is on the register of aircraft kept by a Contracting State; or (b) that is a State aircraft. " recognised powered-lift aircraft "means a powered-lift aircraft: (a) that is on the register of aircraft kept by a Contracting State; or (b) that is a State aircraft. " recreational aircraft " means a single-engine aircraft that: (a) is certificated for single-pilot operation; and (b) has a maximum certificated take-off weight of less than 1 500 kg; and (c) is not rocket-powered or turbine-powered. " recreational aviation administration organisation " means: (a) Recreational Aviation Australia Inc; or (b) Australian Sport Rotorcraft Association Inc; or (c) The Gliding Federation of Australia Inc. " recreational aviation medical practitioner's certificate " means a certificate from a medical practitioner to the effect that the holder meets the modified Austroads medical standards. " recreational pilot licence endorsement " means an endorsement mentioned in regulation 61.485. " simulated flight engineer time "means time spent in a flight simulation training device during which a flight engineer is performing the duties of a flight engineer. " simulated flight time "means time spent in a flight simulation training device during which a pilot is performing the duties of a pilot. " simulated IMC " means flight in an aircraft or flight simulation training device during which the pilot is prevented from viewing the external horizon. " simulator instructor " means the holder of a simulator instructor rating. " single-pilot operation "means an operation in an aircraft, other than a multi-crew operation. " single-pilot type rating "means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a single-pilot operation. " solo ", in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft. " standard instrument departure "means a departure under the IFR in accordance with an instrument departure procedure. " successfully participating ": a person is successfully participating in an operator's training and checking system for an operation if: (a) the person is employed by the operator; and (b) the operator's training and checking system covers the operation; and (c) the person has met the requirements under the system for entry into the system; and (d) the person is permitted under the system to be assigned by the operator for duty for the operation. " tethered flight time "means the duration of a flight in a tethered helicopter. " tethered helicopter "means a helicopter tethered to a base that allows hovering but not free flight. " training endorsement "means an endorsement mentioned in column 1 of table 61.1235. " training provider ", for a person undertaking flight training, means: (a) the Part 141 or 142 operator conducting the training; or (b) the person conducting the training who holds an approval under regulation 141.035 or 142.040 to conduct the training. " type rating "means: (a) a pilot type rating; or (b) a flight engineer type rating; or (c) a cruise relief type rating. " type specific ": a rating or endorsement is type specific if the rating or endorsement applies only to an aircraft type that is specified on the rating or endorsement. " variant , in relation to an aircraft model (the first model"), means another aircraft model that CASA has prescribed by a legislative instrument under regulation 61.055 as a variant of the first model. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.015 Definition of category of aircraft for Part 61 Each of the following is a category of aircraft: (a) aeroplane; (b) helicopter; (c) powered-lift aircraft; (d) gyroplane; (e) airship. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.020 Definition of class of aircraft for Part 61 (1) Each of the following is a class of aircraft: (a) single-engine aeroplane; (b) multi-engine aeroplane; (c) single-engine helicopter; (d) single-engine gyroplane; (e) airship. (2) For this Part, the single-engine aeroplane class includes: (a) multi-engine centre-line thrust aeroplanes; and (b) multi-engine aeroplanes that are prescribed by a legislative instrument under regulation 61.050 (Prescription of multi-engine aeroplanes included in single-engine aeroplane class). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.025 Definition of aeroplane for Part 61 Aeroplane means an aeroplane that has flight controls providing control of the aeroplane in 3 axes. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.035 Issue of Manual of Standards for Part 61 (1) For paragraph 98(5A)(a) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to flight crew licences. (2) In particular, the Manual of Standards may set out standards for the following: (a) approvals under regulation 61.040; (b) aeronautical and other knowledge required by this Part for the grant of a licence, rating or endorsement; (c) flight training; (d) other training and development requirements; (e) flight tests; (f) aviation and general English language proficiency; (g) general operating competencies for: (i) aircraft of a particular class or type; and (ii) activities authorised by operational ratings and endorsements; (h) competency in the use of an airborne collision avoidance system; (i) flight reviews; (k) instrument proficiency checks; (l) night vision imaging system proficiency checks; (m) aerial application proficiency checks; (n) instructor proficiency checks; (o) competencies for glider pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.040 Approvals by CASA for Part 61 (1) If a provision of this Part refers to a person or organisation holding an approval under this regulation, the person or organisation may apply to CASA for the approval. (2) Subject to regulation 11.055, CASA must grant the approval if the following requirements are met: (a) if the approval relates to a course or program: (i) the course or program covers all the units of competency mentioned in the Part 61 Manual of Standards for the course or program; and (ii) the course or program meets the standards (if any) mentioned in the Part 61 Manual of Standards for the course or program; (b) if the approval relates to any other thing for which there are standards in the Part 61 Manual of Standards--the thing meets the standards; (c) for any other approval--the applicant meets the requirements (if any) for the approval mentioned in the provision. (3) Subregulation 11.055(1B) applies to the granting of an approval mentioned in paragraph 61.1515(1)(b) (Limitations on exercise of privileges of glider pilot licences--general). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.045 Prescription of qualification standards for flight simulation training devices For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe qualification standards for flight simulation training devices. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.047 Prescription of recognised foreign States For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe foreign countries as recognised foreign States. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.050 Prescription of multi- engine aeroplanes included in single-engine aeroplane class For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe aeroplanes that are included in the single-engine aeroplane class. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.055 Prescription of type ratings and variants--multi -crew aircraft (1) For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe, for multi-crew aircraft: (a) the type ratings that may be granted for multi-crew operation; and (b) the aircraft models that are variants of each other; and (c) in relation to each variant--the variants for which differences training is required; and (d) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and (e) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check. (2) For paragraph 98(5A)(a) of the Act, if 2 or more aircraft models are variants of each other, CASA may, by legislative instrument, prescribe that the models are no longer variants of each other only if satisfied that: (a) the complexity of one of the models' systems; or (b) a difference in their performance or handling characteristics; requires the provision of additional flight training to enable a person to pilot an aircraft of that model safely. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.060 Prescription of type ratings--single-pilot aircraft (1) For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe: (a) for a type of aircraft that is certificated for single-pilot operation--whether a single-pilot type rating is required; and (b) for aircraft for which single-pilot type ratings are required: (i) the type ratings that may be granted for single-pilot operation; and (ii) the aircraft models that are variants of each other; and (iii) in relation to each variant--the variants for which differences training is required; and (c) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and (d) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check. (2) However, CASA may prescribe that a single-pilot type rating is required for an aircraft only if satisfied that: (a) the complexity of the aircraft's systems; or (b) its performance or handling characteristics; requires the provision of additional flight training to enable a person to pilot an aircraft of that type safely. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.061 Prescription of type-rated aircraft--flight review requirements for class ratings For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the conduct of a flight review or instrument proficiency check for a pilot type rating meets the flight review requirements for a class rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.062 Prescription of types of aircraft for additional limitations on class ratings For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the privileges of a class rating may not be exercised unless the holder of the rating has completed flight training and a flight review in an aircraft of the type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.063 Prescription of types of single engine helicopters for flight reviews For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of single-engine helicopters that may be used to conduct flight reviews for other types of single-engine helicopters. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.065 Conduct of unauthorised activities--holders of flight crew licences (1) The holder of a flight crew licence commits an offence if: (a) the holder conducts an activity mentioned in this Part while: (i) piloting a registered aircraft; or (ii) acting as flight engineer of a registered aircraft; or (iii) acting as an instructor or examiner; and (b) the holder is not authorised under this Part to conduct the activity. Penalty: 50 penalty units. (2) An offence against this regulation, other than an offence for a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences--general competency requirement), is an offence of strict liability. Note: See also subsection 20AB(1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.070 Flight to which Division 61.A.2 applies For this Division: " flight " means flight in: (a) an aeroplane; or (b) a helicopter, other than a tethered helicopter; or (c) an airship; or (d) a glider, other than a hang glider; or (e) a gyroplane; or (f) a powered-lift aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.075 Definition of aeronautical experience for Part 61 A person's aeronautical experience is as follows: (a) for a pilot--the total of: (i) the person's flight time as a pilot; and (ii) the person's simulated flight time; and (iii) the person's tethered flight time; (b) for a flight engineer--the total of: (i) the person's flight time as a flight engineer; and (ii) the person's simulated flight engineer time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.080 Definition of flight time as pilot for Part 61 A person's flight time as a pilot is: (a) the duration of the following flights: (i) a solo flight by the person; (ii) a flight in which the person receives flight training; (iii) if the person is a flight instructor--a flight during which the person exercises the privileges of his or her flight instructor rating; (iv) if the person is a flight examiner--a flight during which the person exercises the privileges of his or her flight examiner rating; and (b) the person's flight time as pilot in command; and (c) the person's flight time as pilot in command under supervision; and (d) the person's flight time as a co-pilot. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.085 Definition of flight time as co-pilot for Part 61 A person's flight time as a co-pilot is any period, during flight in an aircraft that, under these Regulations, must be flown with a flight crew of at least 2 pilots, in which the person is performing co-pilot duties other than as pilot in command under supervision. Note: A co-pilot is a pilot on board an aircraft in a piloting capacity other than the pilot in command or a pilot who is on board the aircraft for the sole purpose of receiving flight training: see the definition of co-pilot in Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.090 Definition of flight time as pilot in command for Part 61 A person's flight time as pilot in command of an aircraft is the duration of a flight for which the person is the pilot in command of the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.095 Definition of flight time as pilot in command under supervision for Part 61 (1) A person's flight time as pilot in command under supervision is the duration of a flight if: (a) the person holds a pilot licence; and (b) the person performs all the duties of the pilot in command for the flight; and (c) subregulation (2) or (3) applies to the flight. (2) For paragraph (1)(c), this subregulation applies to the flight if: (a) the flight is conducted by an operator that has training and checking responsibilities; and (b) the pilot in command of the flight is authorised by the operator or the operator's Part 142 operator to conduct the supervision of the person. (3) For paragraph (1)(c), this subregulation applies to the flight if: (a) the person is supervised by a flight instructor or flight examiner; and (b) the person is not receiving flight training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.100 Definition of flight time as flight engineer for Part 61 A person's flight time as a flight engineer is: (a) if the person is a flight engineer--the duration of a flight during which the person performs the duties of a flight engineer; and (b) if the person is a flight engineer instructor--the duration of a flight during which the person exercises the privileges of his or her flight engineer instructor rating; and (c) if the person is a flight engineer examiner--the duration of a flight during which the person exercises the privileges of his or her flight engineer examiner rating; and (d) if the person is the holder of a cruise relief flight engineer type rating--any time spent performing the duties of a flight engineer during flight. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.105 Definition of instrument flight time for Part 61 (1) A person's instrument flight time is: (a) for the holder of an authorisation mentioned in subregulation (2) other than a flight instructor or flight examiner--any time spent piloting an aircraft solely by reference to instruments and without external visual reference points in IMC or simulated IMC; and (b) for a person who does not hold an authorisation mentioned in subregulation (2)--any dual instrument flight time; and (c) for a flight instructor--any time spent conducting training mentioned in regulation 61.1165, or a flight review, during dual instrument flight time in IMC; and (d) for a flight examiner--any time spent conducting a flight test or proficiency check during instrument flight time in IMC. (2) For paragraph (1)(a), the authorisations are as follows: (a) an instrument rating; (b) a private instrument rating; (c) for flight in an aeroplane or powered-lift aircraft--an air transport pilot licence; (d) for flight in an aeroplane--a multi-crew pilot licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.110 Definition of instrument ground time for Part 61 A person's instrument ground time is: (a) for the holder of an authorisation mentioned in subregulation 61.105(2) other than a simulator instructor or flight examiner--any time spent conducting simulated flight in a flight simulation training device solely by reference to instruments and without simulated external visual reference points; and (b) for a person who does not hold an authorisation mentioned in subregulation 61.105(2)--any dual instrument ground time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.112 Flying as a student pilot (1) Subject to regulations 61.113 to 61.115, a person who does not hold a pilot licence is authorised to pilot an aircraft if: (a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of the person receiving flight training; or (b) the flight is for a flight test for a pilot licence, or a rating or endorsement on a pilot licence, for the person; or (c) the flight is: (i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and (ii) conducted under the VFR; and (iii) conducted in accordance with the flight instructor's approval. (2) Subject to regulations 61.113 to 61.115, the holder of a recreational pilot licence is authorised to pilot a recreational aircraft under the VFR at night, or a non-recreational aircraft, if: (a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of receiving flight training; or (b) the flight is for a flight test for another pilot licence or a rating or endorsement on a pilot licence; or (c) the flight is: (i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and (ii) conducted under the VFR; and (iii) conducted in accordance with the flight instructor's approval. (3) For subparagraphs (1)(c)(i) and (2)(c)(i), a flight is conducted under the supervision of a flight instructor if the instructor: (a) provides guidance to the person in relation to the flight; and (b) during the flight: (i) is on board the aircraft; or (ii) is at the aerodrome from which the flight began; or (iii) is flying within 15 nautical miles of the aerodrome reference point for the aerodrome from which the flight began; and (c) can be contacted during the flight by radio or other electronic means. (4) For regulations 61.405 to 61.415 (which are about medical requirements), piloting an aircraft in accordance with subregulation (3) does not constitute the exercise of the privileges of a pilot licence. Note: A person authorised to pilot an aircraft by this regulation is a student pilot: see Part 1 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.113 General requirements for student pilots (1) A student pilot is authorised to conduct a solo flight in an aircraft only if the student pilot: (a) has an ARN; and (b) is at least 15. (2) A student pilot is not authorised to pilot an aircraft carrying passengers. (3) A student pilot is authorised to pilot an aircraft on a solo flight in another Contracting State's airspace only if the student pilot has the permission (however described) of the Contracting State. (4) A student pilot is not authorised to pilot an aircraft other than a registered aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.114 Solo flights--medical requirements for student pilots (1) Subregulation (2) applies to: (a) the conduct of a solo flight in an aircraft other than a recreational aircraft; or (b) the conduct of a solo flight in a recreational aircraft under the VFR at night. (2) A student pilot is authorised to conduct the flight only if: (a) the student pilot: (i) holds a class 1 or 2 medical certificate; and (ii) carries the medical certificate on the flight; or (b) the student pilot: (i) holds a medical exemption for the flight; and (ii) carries a copy of the exemption on the flight. (3) Subregulation (4) applies to the conduct of a solo flight in a recreational aircraft by day, other than by the holder of a recreational pilot licence. (4) A student pilot is authorised to conduct the flight only if: (a) the student pilot: (i) holds a class 1 or 2 medical certificate; and (ii) carries the medical certificate on the flight; or (b) the student pilot: (i) holds a current recreational aviation medical practitioner's certificate; and (ii) meets the requirements mentioned in subregulation (5); or (c) the student pilot: (i) holds a medical exemption for the flight; and (ii) carries a copy of the exemption on the flight. (5) For subparagraph (4)(b)(ii), the requirements are as follows: (a) the student pilot must have: (i) given CASA a copy of his or her recreational aviation medical practitioner's certificate; and (ii) received from CASA a written acknowledgement of the receipt of the copy; (b) the student pilot must carry both of the following on the flight: (i) a copy of the certificate; (ii) a copy of the acknowledgement mentioned in subparagraph (a)(ii); (c) the student pilot must comply with any limitations or conditions stated on the certificate; (d) the student pilot must meet the modified Austroads medical standards. Note: For when a person meets the modified Austroads medical standards, see regulation 67.262. (6) In this regulation: " current ": a recreational aviation medical practitioner's certificate for a student pilot is current for the shortest of the following periods: (a) the period beginning on the day the certificate is signed by the medical practitioner and ending 24 months after that day; (b) if, when the student pilot conducts a solo flight the student pilot is at least 65--the period beginning on the day the certificate is signed by the medical practitioner and ending 12 months after that day; (c) if the certificate states the period for which it applies--the period beginning on the day the certificate is signed by the medical practitioner and ending at the end of the stated period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.115 Solo flights--recent experience requirements for student pilots (1) A student pilot is authorised to conduct a solo flight in an aircraft only if: (a) the student pilot has, within the previous 14 days and in the same type of aircraft, successfully completed a dual flight check; and (b) as a result of the flight, his or her solo flight time since he or she last successfully completed a dual flight check would not exceed 3 hours. (2) However, paragraph (1)(b) does not apply to the student pilot if the student pilot is enrolled in an integrated training course. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.116 Student pilots authorised to taxi aircraft A student pilot is authorised to taxi an aircraft if the student pilot is approved to taxi the aircraft by a flight instructor. Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.117 Identity checks--student pilots (1) CASA may, by written notice given to a student pilot, require the student pilot to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005. (2) The student pilot commits an offence if: (a) CASA has not told the student pilot, in writing, that he or she has complied with the requirement; and (b) the student pilots an aircraft. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.118 Production of medical certificates etc. and identification--student pilots (1) CASA may direct a student pilot to produce any or all of the following documents for inspection by CASA: (a) unless the student pilot holds a medical exemption to conduct a solo flight--the student pilot's medical certificate or recreational aviation medical practitioner's certificate; (b) a document that includes a photograph of the student pilot showing the student's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. (2) The student pilot commits an offence if: (a) CASA directs the student pilot to produce a document under subregulation (1); and (b) the student pilot does not produce the document before the earlier of the following: (i) when the student pilot next conducts a solo flight; (ii) within 7 days after the direction is given. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.119 Flying without licence--flight engineer duties A person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while: (a) receiving flight training from a flight engineer instructor; or (b) taking a flight test for a flight engineer licence or a flight crew rating or endorsement on a flight engineer licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.120 Operation of aircraft radio without licence A person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if: (a) the transmission is made while receiving training for a flight crew licence or flight radio endorsement; and (b) the transmission is approved by an instructor; and (c) the transmission is for the purpose of: (i) safely conducting a flight that is approved by a flight instructor; or (ii) receiving training in the use of an aircraft radio. Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.125 Conducting flight activities without rating or endorsement (1) A person who holds a pilot licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if: (a) the activity is conducted while: (i) receiving flight training for the rating or endorsement; or (ii) taking a flight test for the rating or endorsement; or (iii) meeting the aeronautical experience requirements for the rating or endorsement; and (b) the activity is approved by, and conducted under the supervision of, a flight instructor. (2) A person who holds a flight engineer licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if: (a) the activity is conducted while: (i) receiving flight training for the rating or endorsement; or (ii) taking a flight test for the rating or endorsement; or (iii) meeting the aeronautical experience requirements for the rating or endorsement; and (b) the activity is approved by, and conducted under the supervision of, a flight engineer instructor. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.126 Conducting flight activities without having met proficiency check or flight review (1) A person who holds a flight crew licence, but has not met the proficiency check requirements for the conduct of an activity for which a proficiency check is required under this Part, is authorised to conduct the activity while the person undertakes the proficiency check. (2) A person who holds a flight crew licence, but has not met the flight review requirements for the conduct of an activity for which a flight review is required under this Part, is authorised to conduct the activity while the person undertakes the flight review. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.130 Operation of helicopter using auto flight control system without licence or rating (1) This regulation applies to a person who, apart from this regulation, would not be authorised under this Part to pilot a helicopter. (2) The person is authorised to pilot the helicopter using the helicopter's auto flight control system if: (a) the person is approved to do so by the helicopter's: (i) operator; and (ii) pilot in command; and (b) the person does so under the supervision of the pilot in command. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.135 Authorisation to conduct flight training or flight test without holding type rating (1) An instructor may apply to CASA, in writing, for authorisation to conduct training for the grant of a pilot type rating or flight engineer type rating in an aircraft for which the instructor does not hold the rating. (2) An examiner may apply to CASA, in writing, for authorisation to conduct a flight test required for the grant of a pilot type rating or flight engineer type rating for an aircraft for which the examiner does not hold: (a) the pilot type rating or flight engineer type rating; or (b) a training endorsement; or (c) a flight test endorsement. (3) Subject to regulation 11.055, CASA must grant the authorisation. (4) Subject to regulations 141.050 and 142.050, if CASA grants the authorisation, the person is authorised to conduct the training or flight test in accordance with the authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.140 Authorisation to test aircraft without holding type rating (1) The holder of a flight crew licence may apply to CASA, in writing, for authorisation to act as a flight crew member of an aircraft for which the person does not hold a pilot type rating or flight engineer type rating during a flight conducted for the purpose of: (a) testing the aircraft; or (b) conducting an experiment in relation to the aircraft. (2) Subject to regulation 11.055, CASA must grant the authorisation. (3) If CASA grants the authorisation, the person is authorised to act as a flight crew member during the flight in accordance with the authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.145 Piloting glider without holding glider pilot licence (1) A person is authorised to pilot a glider without holding a glider pilot licence if the person: (a) holds an authorisation, granted by a glider organisation, that permits the holder to pilot a glider or motorised glider as pilot in command; and (b) operates the glider in accordance with the organisation's operations manual. (2) A person (a student pilot) is authorised to pilot a glider without holding a glider pilot licence if: (a) the pilot in command of the glider holds an authorisation from a glider organisation that permits the holder to conduct training and assessment in a glider; and (b) the flight is for the purpose of training, or assessing the competency of, the student pilot to pilot a glider; and (c) the student pilot meets the requirements (if any) set out in the glider organisation's operations manual for a student pilot conducting a flight. (3) A person (a student pilot) is authorised to pilot a glider without holding a glider pilot licence if: (a) the flight is: (i) approved by, and conducted under the supervision of, a pilot who holds an authorisation from a glider organisation that permits the holder to conduct training and assessment in a glider (the glider instructor); and (ii) conducted under the VFR; and (iii) conducted in accordance with the glider instructor's approval; and (b) the student pilot meets the requirements (if any) set out in the glider organisation's operations manual for a student pilot conducting a flight. (4) In this regulation: " glider organisation " means a recreational aviation administration organisation that administers glider activities.Subpart 61.B --Grant of flight crew licences, ratings and endorsements CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.150 People who may grant flight crew licences, ratings and endorsements (1) CASA may grant any flight crew licence, rating or endorsement. (2) Subject to subregulation (8) and regulation 61.1265, a flight examiner may grant the following: (a) a rating on a pilot licence, other than: (i) an aircraft category rating; or (ii) a flight examiner rating; or (iii) a cruise relief flight engineer type rating; (b) an endorsement on a pilot licence, other than a flight test endorsement. (3) Subject to subregulation (8) and regulations 61.1175 and 61.1200, a pilot instructor may grant an endorsement on a pilot licence, other than: (a) a flight examiner endorsement; or (b) a training endorsement mentioned in Part 1 or 2 of table 61.1235; or (c) an endorsement for which a flight test is required under this Part. (4) Subject to subregulation (8) and regulation 61.1455, a flight engineer examiner may grant the following: (a) a rating on a flight engineer licence, other than a flight engineer examiner rating; (b) an endorsement on a flight engineer licence, other than a flight engineer flight test endorsement; (c) a cruise relief flight engineer type rating. (5) Subject to subregulation (8) and regulation 61.1405, a flight engineer instructor may grant a flight engineer training endorsement. (6) Subject to subregulation (8) and the limitations (if any) of the person's approval, the holder of an approval under regulation 141.035 or 142.040 (an approval holder) may grant a flight crew endorsement for which the holder is approved to conduct flight training. (7) Subject to subregulation (8) and the limitations (if any) of the person's approval, the holder of an approval under regulation 61.040 (also an approval holder) may grant the following: (a) a flight crew rating, other than an examiner rating; (b) a flight crew endorsement, other than a flight test endorsement or a flight engineer flight test endorsement. (8) An examiner, instructor or approval holder cannot grant a flight crew rating or endorsement to a person if the person is taken to meet the requirements for the rating or endorsement under: (a) regulation 61.275 (Overseas flight crew authorisations--recognition); or (b) regulation 61.285 (Australian Defence Force qualifications--recognition). Note: A flight crew licence, rating or endorsement granted under a bilateral agreement may only be granted by CASA: see regulation 61.280. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.155 Applications for flight crew licences, ratings and endorsements (1) An application for a flight crew licence, rating or endorsement must be made to a person who may grant the licence, rating or endorsement. Note: See Subpart 11.B, in particular, regulation 11.030, about applications for authorisations. (2) The application must: (a) be in writing; and (b) if the application is for a pilot licence--include an application for an aircraft category rating. (2A) Subregulation (2B) applies if the application is for a flight crew licence and the applicant has not: (a) applied to CASA for another flight crew licence in the previous 10 years and submitted with the application a photograph of the applicant; or (b) given to CASA, within the previous 10 years, a photograph of the applicant in response to a direction or request in writing by CASA to the applicant. (2B) The applicant must also submit to CASA a recent photograph of the applicant, showing the applicant's full face and his or her head and shoulders. (3) If the requirements for the grant of a flight crew licence, rating or endorsement (the second authorisation) include a requirement that the applicant hold, or be eligible for, another flight crew licence, rating or endorsement (the first authorisation), a person may: (a) apply for the first and second authorisations at the same time; or (b) apply for the second authorisation at any time after applying for the first authorisation, whether or not the first authorisation has been granted before the person applies for the second authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.160 Grant of flight crew licences Subject to regulation 11.055, CASA must grant a flight crew licence to an applicant for the licence if: (a) the application complies with regulation 61.155; and (b) the applicant: (i) meets the requirements mentioned in this Part for the grant of the licence; and (ii) for a flight crew licence other than a recreational pilot licence--has a current aviation English language proficiency assessment; and (iii) for a recreational pilot licence--meets the general English language proficiency requirements mentioned in regulation 61.265. Note: Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.165 Grant of flight crew ratings Subject to regulation 11.055, CASA, or an examiner or an approval holder within the meaning of regulation 61.150, must grant a flight crew rating to an applicant for the rating if: (a) the application complies with regulation 61.155; and (b) for an application to an examiner or approval holder--the examiner or approval holder may, under regulation 61.150, grant the rating; and (c) the applicant meets the requirements mentioned in this Part for the grant of the rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.170 Grant of flight crew endorsements Subject to regulation 11.055, CASA, or an examiner, instructor or an approval holder within the meaning of regulation 61.150, must grant a flight crew endorsement to an applicant for the endorsement if: (a) the application complies with regulation 61.155; and (b) for an application to an examiner, instructor or approval holder--the examiner, instructor or approval holder may, under regulation 61.150, grant the endorsement; and (c) the applicant meets the requirements mentioned in this Part for the grant of the endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.175 How CASA issues flight crew licences, ratings and endorsements (1) Subregulation (2) applies if: (a) CASA grants a flight crew licence to a person under regulation 61.160; and (b) the person does not already hold a flight crew licence. (2) For subregulation (1), CASA must issue to the person a document (the licence document) indicating that the person is authorised to exercise the privileges of: (a) the flight crew licence; and (b) if, at the same time, CASA also grants a flight crew rating or endorsement to the person under regulation 61.165 or 61.170--the rating or endorsement. (3) Subregulation (4) applies if: (a) CASA grants a flight crew licence (the new licence) to a person under regulation 61.160; and (b) the person already holds a flight crew licence (the existing licence). (4) For subregulation (3), CASA must issue to the person a new licence document indicating that the person is authorised to exercise the privileges of: (a) the new licence; and (b) the existing licence; and (c) any flight crew ratings and endorsements that the person already holds or that CASA grants at the same time as the new licence. (5) Subregulation (6) applies if: (a) CASA grants a flight crew rating or endorsement to a person under regulation 61.165 or 61.170, other than a rating or endorsement granted at the same time as a flight crew licence; and (b) the person already holds a flight crew licence. (6) For subregulation (5), CASA must endorse the person's licence document to the effect that the person is authorised to exercise the privileges of the rating or endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.180 How examiner, instructor or approval holder issues rating or endorsement (1) If an examiner or approval holder grants a flight crew rating to a person under regulation 61.165, the examiner or approval holder must: (a) endorse the person's licence document to the effect that the person is authorised to exercise the privileges of the rating; and (b) give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the rating. (2) If an examiner, instructor or approval holder grants a flight crew endorsement to a person under regulation 61.170, the examiner, instructor or approval holder must: (a) endorse the person's licence document to the effect that the person is authorised to exercise the privileges of the endorsement; and (b) give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the endorsement. (3) An examiner, instructor or approval holder commits an offence if he or she contravenes subregulation (1) or (2). Penalty: 50 penalty units. (4) If CASA is satisfied that the rating or endorsement was issued in error, CASA must cancel the rating or endorsement. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.185 New licence document if licence, rating or endorsement cancelled (1) This regulation applies if: (a) a flight crew licence, rating or endorsement is cancelled under Part 16 of CAR or Subpart 11.D; and (b) the holder of the licence, rating or endorsement holds a licence that is not cancelled (the continuing licence). (2) CASA must issue to the holder a new licence document indicating that the holder is authorised to exercise the privileges of: (a) the continuing licence; and (b) any ratings or endorsements that the holder continues to hold. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.190 Licence holder to comply with limitations and requirements of Part 61 It is a condition of a flight crew licence, rating or endorsement that the holder must comply with: (a) the limitations on the exercise of the privileges of the licence, rating or endorsement set out in this Part; and (b) the requirements set out in this Part that apply to the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.195 Flight training requirements (1) Subregulation (2) applies to flight training for: (a) a flight crew licence; or (b) a flight crew rating; or (c) a flight crew endorsement, other than a design feature endorsement or a flight activity endorsement. Note: For training, other than flight training, see regulation 61.210. (2) For subregulation (1), a requirement in this Part for an applicant for a flight crew licence, rating or endorsement to have completed flight training for the licence, rating or endorsement is met only if: (a) the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; and (b) the training is conducted by: (i) an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the licence, rating or endorsement; or (ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and (c) the applicant has been assessed as competent in each unit of competency by the instructor or approval holder; and (d) for flight training for the grant of an aircraft class rating or type rating--the training is conducted in accordance with regulation 61.205; and (e) the applicant's training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met. (3) Subregulation (4) applies to flight training for a design feature endorsement or a flight activity endorsement. (4) For subregulation (3), a requirement in this Part for an applicant for a flight crew endorsement to have completed flight training for the endorsement is met only if: (a) the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the endorsement; and (b) the training is conducted by: (i) an instructor; or (ii) the holder of an approval under regulation 61.040 to conduct the training; and (c) the applicant has been assessed as competent in each unit of competency by the instructor or approval holder. (5) For paragraphs (2)(c) and (4)(c), the assessment must be conducted against the standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.200 Differences training requirements A requirement in this Part for the holder of a type rating to have completed differences training for a variant of the aircraft type covered by the rating is met only if: (a) the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the rating that are necessary to ensure that the holder is able to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and (b) the training is conducted by: (i) an instructor for a Part 141 or 142 operator that is authorised to conduct differences training for the variant; or (ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and (c) the holder has been assessed by the instructor or approval holder as competent to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and (d) the training is conducted in accordance with regulation 61.205; and (e) the applicant's training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.205 When training must not be conducted in aircraft (1) For paragraphs 61.195(2)(d), 61.200(d) and 61.747(3)(c), the training must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if: (a) there is an approved flight simulator for the training available in Australia; or (b) for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated take-off weight of more than 8 618 kg--there is an approved flight simulator for the training available outside Australia. (2) In this regulation: " available ", for training, means able to be used for the training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.210 Other approved courses of training or professional development (1) A requirement in this Part for a student pilot or an applicant for a flight crew licence, rating or endorsement to have completed an approved course of training or professional development is met only if: (a) for a course that is approved under regulation 61.040--the student or applicant: (i) has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the course; and (ii) has been assessed as competent by the person conducting the course against the standards mentioned in the Part 61 Manual of Standards for the course; or (b) for a course that is conducted by a Part 141 or 142 operator--the student or applicant: (i) has received training in all the units of competency mentioned in the course's syllabus; and (ii) has been assessed by a person mentioned in subregulation (2) as competent against the standards mentioned in the course's syllabus. (2) For subparagraph (1)(b)(ii), the persons are as follows: (a) the head of operations of the Part 141 or 142 operator that conducted the training; (b) an instructor who is authorised by the head of operations to conduct the assessment; (c) the holder of an approval under regulation 141.035 or 142.040 to conduct the training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.215 Aeronautical knowledge examinations--general (1) CASA may set aeronautical knowledge examinations for the grant of a flight crew licence, rating or endorsement in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement. (2) A Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of: (a) a recreational pilot licence; or (b) a flight crew rating other than an instrument rating; or (c) a flight crew endorsement. (3) However, a Part 141 or 142 operator may set an aeronautical knowledge examination only if: (a) the examination is set in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; and (b) the operator holds an approval under regulation 61.040 for the examination. (4) The examinations may be conducted at the times and places, and in accordance with arrangements, decided by the body setting the examination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.220 Aeronautical knowledge examinations--air transport pilot licence To be eligible to sit the aeronautical knowledge examination for an air transport pilot licence with a particular aircraft category rating, an applicant must: (a) hold a commercial pilot licence with that rating; or (b) have passed the aeronautical knowledge examination for a commercial pilot licence with that rating; or (c) hold an approval under regulation 61.040 to sit the examination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.225 Aeronautical knowledge examinations--pass standards (1) A requirement in this Part for a person to have passed an aeronautical examination for a flight crew licence, rating or endorsement is met if the person meets the standards mentioned in the Part 61 Manual of Standards for the examination. (2) However, a person is taken to have passed an aeronautical knowledge examination only if the person passes all parts of the examination within a period of 2 years. (3) If on 3 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again within 3 months beginning on the day the person attempts the examination or part for the third time. (4) If on 4 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again until CASA is satisfied that the person has completed appropriate training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.230 Aeronautical knowledge examinations--knowledge deficiency reports (1) This regulation applies if a candidate for an aeronautical knowledge examination: (a) passes the examination with a score of less than 100%; or (b) fails the examination with a score of at least 51%. (2) The body that conducts the examination must: (a) prepare a report about the competency standards in which the candidate's knowledge is deficient; and (b) give a copy of the report to the candidate; and (c) if the examination was not conducted by the candidate's training provider--give a copy of the report to the candidate's training provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.235 Flight tests for flight crew licences and ratings--prerequisites Flight crew licence prerequisites (1) Subregulation (2) applies to an applicant for a flight crew licence, other than an applicant who is eligible for the licence under subregulation 61.275(1) (Overseas flight crew authorisations--recognition) . (2) For subregulation (1), the applicant is eligible to take a flight test for the licence only if: (a) the applicant: (i) is at least the minimum age to hold the licence; and (ii) has passed the aeronautical knowledge examination for the licence; and (iii) has met the flight training requirements for the grant of the licence; and (iv) has met the aeronautical experience requirements for the grant of the licence; and (v) for a flight crew licence other than a recreational pilot licence--has a current aviation English language proficiency assessment; and (vi) for a recreational pilot licence--meets the general English language proficiency requirements mentioned in regulation 61.265; and (aa) for a flight crew licence other than an air transport pilot licence--a person mentioned in subregulation (5), (6) or (7) has certified in writing that the applicant has met the requirements mentioned in paragraph (a); and (b) if the applicant passed the aeronautical knowledge examination for the licence with a score of less than 100%: (i) the applicant's training provider has given the examiner who is to conduct the applicant's flight test a copy of the applicant's knowledge deficiency report; and (ii) the applicant satisfies the examiner that the applicant has sufficient knowledge in any competency standard mentioned in the knowledge deficiency report to safely exercise the privileges of the licence; and (c) if the flight test is to be conducted in an aircraft: (i) the applicant holds a current medical certificate of the class required for the exercise of the privileges of the licence; or (ii) if the test is for a recreational pilot licence--the applicant holds a current recreational aviation medical practitioner's certificate; or (iii) the applicant holds a medical exemption for the exercise of the privileges of the licence. Flight crew rating prerequisites (3) Subregulation (4) applies to an applicant for a flight crew rating, other than an applicant who is eligible for the rating under subregulation 61.275(2) or (3). (4) For subregulation (3), the applicant is eligible to take a flight test for the rating only if: (a) a person mentioned in subregulation (5) , (6) or (7) has certified in writing that the applicant : (i) if the application is for an operational rating--has passed the aeronautical knowledge examination for the rating; and (ii) has met the flight training requirements for the grant of the rating; and (iii) has met the aeronautical experience requirements for the rating; and (b) if the test is to be conducted in an aircraft: (i) the applicant holds a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate; or (ii) the applicant holds a medical exemption for the exercise of the privileges of the licence. (5) For paragraphs (2)(aa) and (4)(a), if the applicant's training provider is a Part 141 operator, the person is: (a) the operator's head of operations; or (b) a person named in the operator's operations manual as responsible for the flight training to which the flight test relates. (6) For paragraphs (2)(aa) and (4)(a), if the applicant's training provider is a Part 142 operator, the person is: (a) the operator's head of operations; or (b) a person named in the operator's exposition as responsible for the flight training to which the flight test relates. (7) For paragraphs (2)(aa) and (4)(a), if the applicant's training provider is the holder of an approval under regulation 141.035 or 142.040 to conduct the training, the person is the approval holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.240 Consequences of taking flight test when ineligible An applicant for a flight crew licence or rating is taken not to have passed a flight test if, when the applicant took the flight test, the applicant was not eligible under regulation 61.235 to take the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.245 Conduct of flight tests for flight crew licences, ratings and endorsements (1) The flight test for a flight crew licence, rating or endorsement must be conducted in: (a) an aircraft or an approved flight simulator for the purpose; and (b) if the flight test is for a rating or endorsement that is limited to a particular category, class or type of aircraft: (i) an aircraft of that category, class or type; or (ii) an approved flight simulator for that category, class or type of aircraft that is appropriate for the flight test. (2) However, the flight test for an aircraft class rating or type rating must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if: (a) there is an approved flight simulator for the flight test available in Australia; or (b) for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated take-off weight of more than 8 618 kg--there is an approved flight simulator for the flight test available outside Australia. (3) The flight test must be conducted by an examiner or the holder of an approval under regulation 61.040 to conduct the flight test (the Part 61 approval holder) who: (a) is nominated by the applicant's training provider; and (b) for a flight test for a flight crew licence other than a recreational or private pilot licence--is not the person who provided the certification under paragraph 61.235(2)(aa) (Flight tests for flight crew licences and ratings--prerequisites) for the applicant. (4) However, at any time before the test begins, CASA may, by written notice to the training provider and, if the training provider has nominated an examiner or Part 61 approval holder to conduct the flight test, the examiner or Part 61 approval holder: (a) nominate a different examiner or Part 61 approval holder to conduct the flight test; or (b) require that CASA will conduct the flight test. (5) In this regulation: " available ", for a flight test, means able to be used for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.250 Pass standards for flight tests An applicant for a flight crew licence, rating or endorsement passes the flight test for the licence, rating or endorsement if the examiner assesses the applicant's performance in the flight test as meeting the competency standards mentioned in the Part 61 Manual of Standards for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.255 Aviation English language proficiency assessments (1) A person may apply, in writing, to CASA or an examiner for an assessment of the person's aviation English language proficiency. (2) The applicant passes the assessment if CASA or the examiner is satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards. (3) If CASA or the examiner is not satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards, CASA or the examiner must refer the application to an aviation English language proficiency assessor. (4) The applicant passes the assessment if the assessor is satisfied that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.260 Duration of English language proficiency assessments A person's aviation English language proficiency assessment is current as follows: (a) if the person was assessed as meeting the ICAO level 6 aviation English language proficiency standards--indefinitely; (b) if the person was assessed as meeting the ICAO level 5 aviation English language proficiency standards--for 6 years beginning on the day the assessment is conducted; (c) if the person was assessed as meeting the ICAO level 4 aviation English language proficiency standards--for 3 years beginning on the day the assessment is conducted. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.265 Recreational pilot licences--general English language proficiency (1) For subparagraph 61.160(b)(iii), an applicant for a recreational pilot licence must: (a) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (b) satisfy a person mentioned in subregulation (2) that the applicant: (i) has successfully completed one of the general English language proficiency tests mentioned in the Part 61 Manual of Standards; and (ii) has sufficient general English language proficiency to safely exercise the privileges of the licence. (2) For paragraph (1)(b), the persons are as follows: (a) the head of operations of a Part 141 or 142 operator; (b) an instructor who is authorised by the head of operations to assess the applicant's English language proficiency. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.270 Approval of language proficiency assessors (1) A person may apply to CASA, in writing, for approval to conduct aviation English language proficiency assessments. (2) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that the person has successfully completed an approved course of training in assessment of aviation English language. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.275 Overseas flight crew authorisations--recognition (1) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew licence (an Australian licence) with an aircraft category rating if: (a) CASA is satisfied that the overseas flight crew licence and any ratings on that licence are at least equivalent to the Australian licence with that aircraft category rating; and (b) the applicant is at least the minimum age for the grant of the Australian licence; and (c) the applicant holds an authorisation to operate an aircraft radio granted by the national aviation authority of a Contracting State; and (d) either: (i) the applicant's overseas licence states that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards; or (ii) the applicant has a current aviation English language proficiency assessment; and (e) for an application for a commercial pilot licence, multi-crew pilot licence or air transport pilot licence: (i) a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian licence; and (ii) the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian licence; and (f) the applicant has passed the overseas conversion aeronautical knowledge examination mentioned in the Part 61 Manual of Standards for the Australian licence and aircraft category rating. Note: Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005. (2) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an aircraft class rating, pilot type rating or flight engineer type rating (an Australian rating) if: (a) the applicant holds, or has held, an overseas rating; and (b) CASA is satisfied that the overseas rating is at least equivalent to the Australian rating. (3) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an operational rating (an Australian rating) if: (a) the applicant holds, or has held, an overseas rating; and (b) CASA is satisfied that the overseas rating is at least equivalent to the Australian rating; and (c) a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian rating; and (d) the applicant passes the aeronautical knowledge examination for the Australian rating; and (e) CASA is satisfied that the applicant has completed the aeronautical experience required for the grant of the Australian rating; and (f) the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian rating. (4) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew endorsement (an Australian endorsement) if: (a) the applicant holds, or has held, an overseas endorsement; and (b) CASA is satisfied that the overseas endorsement is at least equivalent to the Australian endorsement; and (c) if the requirements for the grant of the endorsement include passing a flight test--the applicant passes the flight test. (5) For subparagraph (1)(e)(i) and paragraph (3)(c), the persons are as follows: (a) the head of operations of a Part 141 or 142 operator that is authorised to conduct flight training for the Australian licence or rating ; (b) a person named in the Part 141 operator's operations manual, or the Part 142 operator's exposition, as responsible for flight training for the licence or rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.280 Grant of flight crew licences, ratings or endorsements under bilateral agreements CASA may grant a flight crew licence, rating or endorsement to the holder of an overseas flight crew licence in accordance with a bilateral agreement between Australia and the Contracting State whose licensing authority granted the overseas licence. Note: The holder of a commercial pilot licence or an airline transport pilot licence granted by the Civil Aviation Authority of New Zealand is eligible for an equivalent Australian licence and equivalent ratings and other endorsements: see the Trans-Tasman Mutual Recognition Act 1997. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.285 Australian Defence Force qualifications--recognition Despite anything else in this Part, a member or former member of the Australian Defence Force is taken to meet the requirements under this Part for the grant of a flight crew licence, rating or endorsement, other than an examiner rating, if the member: (a) holds, or has held, a flight crew qualification granted by the Australian Defence Force that CASA is satisfied is at least equivalent to the licence, rating or endorsement; and (b) for a flight crew licence: (i) is at least the minimum age for the grant of the licence; and (ii) has a current aviation English language proficiency assessment; and (c) meets the aeronautical experience requirements for the licence, rating or endorsement; and (f) for an air transport pilot licence: (i) passes the Australian Defence Force conversion aeronautical knowledge examination for the air transport pilot licence mentioned in the Part 61 Manual of Standards; and (ii) completes an approved course of training in multi-crew cooperation; and (iii) passes the flight test mentioned in the Part 61 Manual of Standards for the air transport pilot licence; and (g) for an instrument rating--passes: (i) the aeronautical knowledge examination for the rating; and (ii) the flight test mentioned in the Part 61 Manual of Standards for the rating; and (h) for an instructor rating--passes the flight test mentioned in the Part 61 Manual of Standards for the rating. Subpart 61.C --Certificates of validation CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.290 Grant of certificates of validation (1) The holder of an overseas flight crew licence may apply to CASA for the grant of a certificate of validation of the licence and any overseas rating or endorsement attached to the licence. (2) Subject to regulation 11.055, CASA must grant the certificate of validation if: (a) the applicant is authorised (however described) to exercise the privileges of the overseas flight crew licence and any rating or endorsement attached to the licence; and (b) the applicant has passed any examination or flight test that CASA has, under subregulation (4), determined is required for the applicant. (3) For paragraph (2)(a), if the overseas flight crew licence is equivalent to a commercial pilot licence, multi-crew pilot licence or air transport pilot licence, CASA must verify with the issuing authority for the licence that the licence holder is authorised (however described) to exercise the privileges of the licence and any rating or endorsement attached to the licence. (4) For paragraph (2)(b), if it is necessary for an applicant to pass an examination or flight test to satisfy CASA that the applicant can safely exercise the privileges of the certificate of validation, CASA may determine that the examination or flight test is required for the applicant. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.295 Privileges of certificates of validation Subject to regulations 61.300 and 61.305, the holder of a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to an Australian flight crew licence, rating or endorsement is authorised to conduct any activity that the holder of the equivalent Australian flight crew licence, rating or endorsement is authorised to conduct. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.300 Limitations on exercise of privileges of certificates of validation--medical certificate (1) The holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate mentioned in subregulation (2). (2) For subregulation (1), the medical certificate must be of at least the class required for the exercise of the privileges of the overseas flight crew licence by the Contracting State whose national aviation authority granted the licence to the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.305 Limitations on exercise of privileges of certificates of validation--recent experience, flight review and proficiency check (1) The holder of a certificate of validation for an overseas flight crew licence that is equivalent to an Australian pilot licence is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in regulation 61.395 for the exercise of the privileges of the Australian pilot licence. (2) The holder of a certificate of validation for an overseas rating that is equivalent to an Australian rating is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in this Part for the exercise of the privileges of the Australian rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.310 Limitations on exercise of privileges of certificates of validation--carriage of documents The holder of a certificate of validation is authorised to exercise the privileges of the certificate on a flight only if the holder carries the following documents on the flight: (a) his or her certificate of validation; (b) his or her overseas flight crew licence; (c) his or her overseas medical certificate; (d) a document that: (i) includes a photograph of the holder showing the holder's full face and his or her head and shoulders; and (ii) was issued within the previous 10 years by the government, or a government authority, of any of the following: (A) the Commonwealth or a State or Territory; (B) a foreign country, or a state or province (however described) of a foreign country; and (iii) has not expired or been cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.315 Conduct of unauthorised activities by holders of certificates of validation (1) The holder of a certificate of validation commits an offence if: (a) the holder conducts an activity while: (i) piloting an aircraft; or (ii) acting as flight engineer of an aircraft; or (iii) operating a flight simulation training device; and (b) the holder is not authorised under this Part to conduct the activity. Penalty: 50 penalty units. (2) An offence against this regulation, other than an offence relating to a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences--general competency requirement), is an offence of strict liability. Note: See also subsection 20AB(1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty. (3) It is a condition of a certificate of validation that the holder must comply with: (a) the limitations on the exercise of the privileges of the certificate of validation set out in this Subpart; and (b) the requirements set out in this Part that apply to the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.320 Certificates of validation--period of validity (1) A certificate of validation must: (a) not be granted for a period of more than one year; and (b) state the date on which it expires. (2) However, a certificate of validation ends on the earliest of the following events: (a) the end of the day stated in the certificate as the date on which it expires; (b) when the holder ceases to be authorised (however described) to exercise the privileges of the overseas flight crew licence, or any rating or endorsement on the licence, to which the certificate relates; (c) when the holder's overseas medical certificate expires. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.325 Certificates of validation--renewal (1) CASA may renew a certificate of validation only if: (a) the person has passed the aeronautical knowledge examination for a flight crew licence under this Part that is equivalent to the overseas flight crew licence to which the certificate relates; or (b) CASA is satisfied that exceptional circumstances justify the renewal. (2) In this regulation: " renew ", a certificate of validation, includes grant a new certificate of validation to the holder of: (a) a current certificate of validation; or (b) a certificate of validation that has expired within the previous 3 months; in respect of the same overseas flight crew licence, rating or endorsement. Subpart 61.D --General obligations of flight crew licence holders CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.335 Identity checks (1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005. (2) The holder commits an offence if: (a) CASA has not told the holder, in writing, that he or she has complied with the requirement; and (b) the holder exercises the privileges of the licence or certificate. Penalty: 50 penalty units. (3) For subregulation (2), CASA is taken to have told the holder that he or she has complied with the requirement if CASA issues a new licence document or certificate of validation to the holder after giving the holder the notice. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.336 Provision of photograph (1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to give CASA, within 30 days of receiving the notice, a photograph of the holder: (a) showing the holder's full face and his or her head and shoulders; and (b) taken not earlier than 6 months before the date of the notice. (2) The holder commits an offence if the holder: (a) has not complied with the requirement; and (b) exercises the privileges of the licence or certificate of validation. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.340 Production of licence documents, medical certificates and identification (1) CASA may direct the holder of a flight crew licence to produce any or all of the following documents for inspection by CASA: (a) the holder's licence document; (b) unless the holder also holds a medical exemption for the exercise of the privileges of the licence--the holder's medical certificate or recreational aviation medical practitioner's certificate; (c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. (2) CASA may direct the holder of a certificate of validation to produce any or all of the following documents for inspection by CASA: (a) the holder's certificate of validation; (b) the holder's overseas medical certificate; (c) the holder's overseas flight crew licence; (d) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. (3) The holder of a flight crew licence or certificate of validation commits an offence if: (a) CASA directs the holder to produce a document under subregulation (1) or (2); and (b) the holder does not produce the document within the period mentioned in subregulation (4). Penalty: 50 penalty units. (4) For paragraph (3)(b), the period is as follows: (a) if, when the direction was given, the holder was exercising, had just finished exercising, or was about to exercise, the privileges of the licence or certificate of validation--immediately; (b) in any other case--7 days after the day the direction is given. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.345 Personal logbooks--pilots (1) A person who holds a pilot licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a pilot licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation. Penalty: 50 penalty units. (2) The person must record his or her full name and date of birth in the person's logbook. (3) The person must, as soon as practicable after completing each flight, record the following information in the person's logbook for the flight: (a) the date the flight began; (b) the type of aircraft; (c) whether it was a single-engine or multi-engine aircraft; (d) the aircraft's nationality and registration marks; (e) the take-off and landing points for the flight, and for each segment of the flight; (f) the flight time (if any) flown in each of the following capacities: (i) pilot in command; (ii) co-pilot; (iii) pilot in command under supervision; (iv) pilot receiving flight training; (g) if the person is a flight instructor--any flight time spent exercising the privileges of his or her flight instructor rating; (h) if the person is a flight examiner--any flight time spent exercising the privileges of his or her flight examiner rating; (i) whether the flight was by day or night, or both; (j) any instrument flight time; (k) whether the person conducted an instrument approach operation and, if so, the type of instrument approach procedure. (4) The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in the person's logbook for the simulated flight: (a) the date the simulated flight began; (b) the type of aircraft represented by the device; (c) the simulated flight time (if any) performed in each of the following capacities: (i) pilot in command; (ii) co-pilot; (iii) pilot in command under supervision; (iv) pilot receiving flight training; (d) if the person is a flight instructor or simulator instructor--any time spent exercising the privileges of his or her instructor rating; (e) whether the flight was conducted in simulated day or night conditions, or both; (f) a description of the simulated flight activity. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.350 Personal logbooks--flight engineers (1) A person who holds a flight engineer licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation. Penalty: 50 penalty units. (2) The person must record his or her full name and date of birth in the person's logbook. (3) The person must, as soon as practicable after completing each flight, record the following information in the person's logbook for the flight: (a) the date the flight began; (b) the type of aircraft; (c) the aircraft's nationality and registration marks; (d) the name of the pilot in command; (e) the take-off and landing points for the flight; (f) whether the holder was operating under training or supervision, or was conducting training or supervision; (g) the amount of flight time for which the holder performed the duties of a flight engineer; (h) if the person is a flight engineer instructor--any flight time spent exercising the privileges of his or her flight engineer instructor rating. (4) The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in his or her personal logbook for the simulated flight: (a) the date the simulated flight began; (b) the type of aircraft represented by the device; (c) if a person acted as pilot in command for the simulated flight--that person's name; (d) a description of the activities conducted during the simulated flight; (e) whether the holder was operating under training or supervision, or was conducting training or supervision; (f) the amount of time for which the holder performed the duties of flight engineer; (g) if the person is a flight engineer instructor--any flight time spent exercising the privileges of his or her flight engineer instructor rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.355 Retention of personal logbooks (1) A person commits an offence if: (a) the person is required to keep a personal logbook under regulation 61.345 or 61.350; and (b) the person does not retain the logbook for 7 years after the day the last entry is made in it. Penalty: 50 penalty units. (2) A person commits an offence if: (a) the person is required to keep a personal logbook under regulation 61.345 or 61.350; and (b) the person does not ensure that each entry in the logbook is retained unaltered throughout the period mentioned in subregulation (1). Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.360 False entries in personal logbooks (1) The holder of a flight crew licence or certificate of validation commits an offence if: (a) the holder makes an entry in his or her personal logbook; and (b) the entry is false or misleading. Penalty: 50 penalty units. (2) Paragraph (1)(b) does not apply if the entry is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2): see subsection 13.3(3) of the Criminal Code. (3) CASA may give the holder of a flight crew licence or certificate of validation a written direction to correct an entry in his or her personal logbook in accordance with the direction. (4) The holder commits an offence if the holder does not comply with the direction within 14 days after the day the direction is given to the person. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.365 Production of personal logbooks (1) CASA may direct the holder of a flight crew licence or certificate of validation to produce the holder's personal logbook for inspection by CASA. (2) The holder of a flight crew licence or certificate of validation commits an offence if: (a) CASA directs the holder to produce his or her personal logbook under subregulation (1); and (b) the holder does not produce an up to date version of the personal logbook within 7 days after the day the direction is given. Penalty: 50 penalty units. (3) If the holder's personal logbook is kept in electronic form, a requirement to produce the logbook is met if: (a) the holder produces a printed copy of the logbook; and (b) each page is certified by the holder as a true copy of the logbook records set out on the page. (4) An offence against this regulation is an offence of strict liability. Subpart 61.E --Pilot licensing--general limitations and authorisations Note: Subpart 61.E does not apply to glider pilot licences: see the definition of pilot licence in regulation 61.010. Subpart 61.Z deals with glider pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.375 Limitations on exercise of privileges of pilot licences--ratings (1) This regulation applies to the holder of a pilot licence. (2) The holder is authorised to exercise the privileges of the licence in an aircraft of a particular category only if the holder also holds, as the associated aircraft category rating for the licence, the aircraft category rating for that category of aircraft. Note: An aircraft category rating has effect only in conjunction with the licence for which it is granted. It does not authorise the exercise, in the aircraft category covered by the rating, of the privileges of any other licence held by the holder of the rating: see the definition of associated in regulation 61.010. (3) The holder is authorised to exercise the privileges of the licence in an aircraft, other than an aircraft mentioned in subregulation (5), only if the holder also holds an appropriate aircraft class rating for the aircraft. (4) For subregulation (3), either of the following is an appropriate aircraft class rating for an aeroplane in the single-engine aeroplane class: (a) the single-engine aeroplane class rating; (b) the multi-engine aeroplane class rating. (5) The holder is authorised to exercise the privileges of the licence in: (a) a multi-crew aircraft; or (b) an aircraft: (i) that is certificated for single-pilot operation; and (ii) for which a single-pilot type rating is required by a legislative instrument under regulation 61.060; only if the holder also holds the appropriate pilot type rating for the aircraft type. (6) However, the holder is not required to hold the pilot type rating for the aircraft if: (a) the person is acting as a cruise relief co-pilot for the aircraft; and (b) the person holds a cruise relief co-pilot type rating for the aircraft type. (7) The holder is authorised to conduct an activity mentioned in column 1 of an item in table 61.375 in the exercise of the privileges of the licence only if the holder also holds the rating mentioned in column 2 of the item. (8) However: (a) the holder of a multi-crew pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane in a multi-crew operation: (i) under the IFR; or (ii) at night under the VFR; and (b) the holder of an air transport pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane: (i) under the IFR; or (ii) at night under the VFR; and (c) the holder of an air transport pilot licence with a powered-lift category rating is authorised, without holding an instrument rating, to pilot a powered-lift aircraft: (i) under the IFR; or (ii) at night under the VFR. Table 61.375 Activities for which ratings are required Item Column 1 Activity Column 2 Rating 1 An operation under the IFR, other than an operation mentioned in item 2 Instrument rating 2 A private operation under the IFR Either: (a) instrument rating; or (b) private instrument rating 3 An operation at night under the VFR, other than: (a) an operation using a night vision imaging system; or (b) a night aerial application operation below 500 ft AGL Either: (a) night VFR rating; or (b) instrument rating 4 An operation at night under the VFR using a night vision imaging system Night vision imaging system rating 5 A low-level operation Either: (a) low-level rating; or (b) aerial application rating 6 An aerial application operation below 500 ft AGL Aerial application rating 7 An activity mentioned in paragraph 61.1165(a), (c), (d), (e) or (f) in an aircraft An activity mentioned in paragraph 61.1165(g), (h) or (i) Flight instructor rating 8 An activity mentioned in paragraph 61.1190(a), (c), (d), (e) or (f) in a flight simulation training device An activity mentioned in paragraph 61.1165(b), (j) or (k) or 61.1190(b), (g) or (h) Either: (a) flight instructor rating; or (b) simulator instructor rating 9 An activity mentioned in regulation 61.1255 Flight examiner rating CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.380 Limitations on exercise of privileges of pilot licences--flight activity and design feature endorsements (1) The holder of a pilot licence is authorised to conduct a flight activity mentioned in column 2 of an item in table 61.1145 only if the holder also holds the endorsement mentioned in column 1 of the item. (2) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has a design feature mentioned in regulation 61.755 for the aircraft only if the holder also holds the design feature endorsement for the design feature. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.385 Limitations on exercise of privileges of pilot licences--general competency requirement (1) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft only if the holder is competent in operating the aircraft to the standards mentioned in the Part 61 Manual of Standards for the class or type to which the aircraft belongs, including in all of the following areas: (a) operating the aircraft's navigation and operating systems; (b) conducting all normal, abnormal and emergency flight procedures for the aircraft; (c) applying operating limitations; (d) weight and balance requirements; (e) applying aircraft performance data, including take-off and landing performance data, for the aircraft. (1A) Subregulation (1B) applies if the holder of a pilot licence also holds an operational rating or endorsement. (1B) The holder is authorised to exercise the privileges of his or her pilot licence in an activity in an aircraft under the rating or endorsement only if the holder is competent in operating the aircraft in the activity to the standards mentioned in the Part 61 Manual of Standards (if any) for: (a) the class or type to which the aircraft belongs; and (b) the activity. (2) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has an operative airborne collision avoidance system only if the holder is competent in the use of an airborne collision avoidance system to the standards mentioned in the Part 61 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.390 Limitations on exercise of privileges of pilot licences--operating requirements and limitations (1) The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence in an aircraft if: (a) engaging in the activity is a prescribed purpose for subsection 27(9) of the Act; and (b) the operator of the aircraft does not hold an AOC that authorises the conduct of the activity. (2) The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence if the conduct of the activity would be an offence against the Act or another provision of these Regulations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.395 Limitations on exercise of privileges of pilot licences--recent experience for certain passenger flight activities (1) The holder of a pilot licence is authorised to pilot, during take-off or landing, an aircraft of a particular category carrying a passenger by day only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, by day or night: (a) at least 3 take-offs; and (b) at least 3 landings; while controlling the aircraft or flight simulator. (2) The holder of a pilot licence is authorised to pilot, during take-off or landing, an aircraft of a particular category carrying a passenger at night only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, at night: (a) at least 3 take-offs; and (b) at least 3 landings; while controlling the aircraft or flight simulator. (3) For paragraphs (1)(a) and (2)(a), each take-off must be followed by a climb to at least 500 ft AGL. (4) The holder is taken to meet the requirements of subregulation (1) if: (a) within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has: (i) successfully completed a relevant check or review; or (ii) passed a flight test for a pilot licence or a rating on a pilot licence; that includes at least one take-off and at least one landing; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of that category; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category. (5) Also, the holder is taken to meet the requirements of subregulation (2) if: (a) within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has: (i) successfully completed a relevant check or review; or (ii) passed a flight test for a pilot licence or a rating on a pilot licence; that includes at least one take-off, and at least one landing, at night; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation at night in an aircraft of that category; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category. (6) In this regulation: " relevant check or review " means any of the following: (a) an instrument proficiency check; (b) a night vision imaging system proficiency check; (c) an instructor proficiency check; (d) an operator proficiency check; (e) a flight review. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.400 Limitations on exercise of privileges of pilot licences--flight review (1) For this Part, successful completion of a flight review for a rating on a pilot licence requires demonstration, to a person mentioned in subregulation (2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating. (2) For subregulation (1), the persons are as follows: (a) CASA; (b) the holder of an approval under regulation 61.040 for this regulation; (c) a pilot instructor who is authorised to conduct a flight review for the rating. (3) The flight review must be conducted in: (a) an aircraft that can be flown under the rating; or (b) an approved flight simulator for the flight review. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.405 Limitations on exercise of privileges of pilot licences--medical requirements--recreational pilot licence holders (1) The holder of a recreational pilot licence is authorised to exercise the privileges of the licence only if: (a) the holder also holds a current class 1 or 2 medical certificate; or (b) the holder: (i) also holds a current recreational aviation medical practitioner's certificate; and (ii) meets the requirements mentioned in subregulation (2); or (c) the holder also holds a medical exemption for the exercise of the privileges of the licence. (2) For subparagraph (1)(b)(ii), the requirements are as follows: (a) the holder must have: (i) given CASA a copy of the holder's recreational aviation medical practitioner's certificate; and (ii) received from CASA a written acknowledgement of the receipt of the copy; (b) while exercising the privileges of the licence in an aircraft, the holder must carry both of the following on the aircraft: (i) the certificate; (ii) the acknowledgement mentioned in subparagraph (a)(ii); (c) the holder must comply with any limitations or conditions stated on the certificate; (d) the holder must meet the modified Austroads medical standards. Note: For when a person meets the modified Austroads medical standards, see regulation 67.262. (3) In this regulation: " current ": a recreational aviation medical practitioner's certificate for the holder of a recreational pilot licence is current for the shortest of the following periods: (a) the period beginning on the day the certificate was signed by the medical practitioner and ending 24 months after that day; (b) if, when the holder exercises the privileges of the licence, the holder is at least 65--the period beginning on the day the certificate was signed by the medical practitioner and ending 12 months after that day; (c) if the certificate states the period for which it applies--the period beginning on the day the certificate was signed by the medical practitioner and ending at the end of the stated period. Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.410 Limitations on exercise of privileges of pilot licences--medical certificates: private pilot licence holders (1) The holder of a private pilot licence is authorised to exercise the privileges of the licence only if the holder also holds: (a) a current class 1 or 2 medical certificate; or (b) a medical exemption for the exercise of the privileges of the licence. (2) However, subject to subregulation (3), the holder of a private pilot licence is authorised to exercise the privileges of the licence in a recreational aircraft if: (a) the holder: (i) also holds a current recreational aviation medical practitioner's certificate; and (ii) meets the requirements mentioned in subregulation 61.405(2); and (b) the flight is conducted by day under the VFR. (3) Regulation 61.465 applies to the holder as if each reference in that regulation to a recreational pilot licence included a reference to a private pilot licence. Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.415 Limitations on exercise of privileges of pilot licences--medical certificates: commercial, multi-crew and air transport pilot licence holders (1) The holder of a commercial pilot licence, multi-crew pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence only if the holder also holds: (a) a current class 1 medical certificate; or (b) a medical exemption for the exercise of the privileges of the licence. (2) However, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a private pilot licence if the holder also holds a current class 2 medical certificate. (3) Also, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder: (a) also holds a current recreational aviation medical practitioner's certificate; and (b) meets the requirements mentioned in subregulation 61.405(2). Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.420 Limitations on exercise of privileges of pilot licences--carriage of documents The holder of a pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the following documents on the flight: (a) his or her licence document; (b) if the holder holds a current class 1 or 2 medical certificate--the medical certificate; (c) if the holder holds a recreational aviation medical practitioner's certificate: (i) the medical practitioner's certificate; and (ii) the acknowledgement of receipt mentioned in paragraph 61.405(2)(a); (ca) if the holder holds a medical exemption for the flight--a copy of the medical exemption; (d) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.422 Limitations on exercise of privileges of pilot licences--aviation English language proficiency (1) The holder of a pilot licence other than a recreational pilot licence is authorised to exercise the privileges of the licence only if the holder has a current aviation English language proficiency assessment. (2) Subregulation (3) applies to the holder of a pilot licence that was granted on the basis of regulation 202.272 if the licence was granted in recognition of a continued authorisation (within the meaning of regulation 202.261) that was granted on or before 4 March 2008. (3) Subregulation (1) does not apply to the holder in relation to the exercise of the privileges of his or her licence in Australian Territory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.425 Limitations on exercise of privileges of pilot licences--unregistered aircraft The holder of a pilot licence is authorised to pilot an aircraft only if the aircraft is registered. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.427 Removal of certain pilot licence conditions about airspace (1) Subregulation (2) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations are limited to: (a) flight within 25 nautical miles of the departure aerodrome; or (b) flight within a flight training area; or (c) flight direct between the departure aerodrome and a flight training area. (2) CASA must remove the condition if: (a) the licence holder applies to CASA for the removal of the condition; and (b) the licence holder meets the requirements under this Part for the grant of a private pilot licence or a commercial pilot licence. (3) Subregulation (4) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder's personal log book by an instructor before 1 September 2014. (4) CASA must remove the condition if: (a) the licence holder applies to CASA for the removal of the condition; and (b) the licence holder meets the requirements under this Part for the grant of any of the following: (i) a controlled airspace endorsement; (ii) a private pilot licence; (iii) a commercial pilot licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.430 Holders of pilot licences authorised to taxi aircraft (1) A person is authorised to taxi an aircraft of a particular class or type if the person holds: (a) a pilot licence; and (b) the category rating for the category to which aircraft of that class or type belong; and (c) the class rating or type rating for aircraft of that class or type. (2) For regulations 61.405 to 61.415, taxiing an aircraft does not constitute the exercise of the privileges of a licence. Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.435 When holders of pilot licences authorised to operate aircraft radio (1) A person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the person: (a) holds a private pilot licence, commercial pilot licence, multi-crew pilot licence or air transport pilot licence; or (b) holds a recreational pilot licence with a flight radio endorsement. (3) For regulations 61.405 to 61.415, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation does not constitute the exercise of the privileges of a licence. Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. Subpart 61.G --Recreational pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.460 Privileges of recreational pilot licences Subject to Subpart 61.E and regulations 61.465 and 61.470, the holder of a recreational pilot licence is authorised to pilot a single-engine aircraft as pilot in command or co-pilot if: (a) the aircraft is certificated for single-pilot operation; and (b) the aircraft has a maximum certificated take-off weight of not more than 1 500 kg; and (c) the aircraft is not rocket-powered or turbine-powered; and (d) the flight is conducted by day under the VFR; and (e) either: (i) the aircraft is engaged in a private operation; or (ii) the holder is receiving flight training. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The holder of a recreational pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430. Note 3: The holder of a recreational pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the holder also holds a flight radio endorsement: see regulation 61.435. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.465 Limitations on exercise of privileges of recreational pilot licences--general (1) The holder of a recreational pilot licence is authorised to pilot an aircraft in a Contracting State's airspace only if the holder has the permission (however described) of the Contracting State to do so. (2) The holder of a recreational pilot licence is authorised to pilot an aircraft carrying more than one passenger only if the holder: (a) also holds a current class 1 or 2 medical certificate; or (b) is accompanied by another pilot who: (i) holds a current class 1 or 2 medical certificate; and (ii) occupies a flight control seat in the aircraft; and (iii) is authorised to pilot the aircraft. (3) The holder of a recreational pilot licence is authorised to pilot an aircraft above 10 000 ft above mean sea level only if the holder: (a) also holds a current class 1 or 2 medical certificate; or (b) is accompanied by another pilot who: (i) holds a current class 1 or 2 medical certificate; and (ii) occupies a flight control seat in the aircraft; and (iii) is authorised to pilot the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.470 Limitations on exercise of privileges of recreational pilot licences--endorsements (1) The holder of a recreational pilot licence is authorised to pilot an aircraft outside the following areas only if the holder also holds a recreational navigation endorsement: (a) the area within 25 nautical miles of the departure aerodrome; (b) a flight training area; (c) the area that is a direct route between the departure aerodrome and a flight training area. (2) The holder of a recreational pilot licence is authorised to pilot an aircraft in controlled airspace only if the holder also holds a controlled airspace endorsement. (3) The holder of a recreational pilot licence is authorised to pilot an aircraft at a controlled aerodrome only if the holder also holds a controlled aerodrome endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.475 Requirements for grant of recreational pilot licences (1) An applicant for a recreational pilot licence must be at least 16. (2) Subject to regulation 61.480, the applicant must also have: (a) passed the aeronautical knowledge examination for a recreational pilot licence and the associated aircraft category rating; and (b) completed flight training for a recreational pilot licence and the associated aircraft category rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for a recreational pilot licence and the associated aircraft category rating; and (d) completed at least 25 hours of flight time as pilot of an aircraft of the category for which the associated aircraft category rating is sought, including: (i) at least 20 hours of dual flight; and (ii) at least 5 hours of solo flight time. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft. (4) The applicant is taken to meet the requirements of subregulation (2) if the applicant holds a private pilot licence, commercial pilot licence or air transport pilot licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.480 Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations (1) This regulation applies to an applicant for a recreational pilot licence if: (a) the applicant holds a pilot certificate, granted by a recreational aviation administration organisation that administers activities involving aircraft of a particular category; and (b) the certificate permits the holder to act as the pilot in command of an aircraft of that category. (2) For subregulation 61.475(2), the applicant is taken to have passed: (a) the aeronautical knowledge examination; and (b) the flight test; for the licence and the associated aircraft category rating. (3) The applicant is also taken to have met the requirements for the grant of: (a) the aircraft category rating for each category of aircraft in which the person is permitted by the certificate to act as pilot in command; and (b) the aircraft class rating for each class of aircraft in which the person is permitted by the certificate to act as pilot in command; and (c) the design feature endorsement for each design feature of an aircraft in which the applicant is permitted by the certificate to act as pilot in command. Note: The holder of an aircraft class rating must successfully complete a flight review for the rating to be authorised to exercise the privileges of the rating, and is not taken to have met the flight review requirement on the basis of being taken to have met the requirements for the grant of the rating under subregulation (3): see subregulation 61.745(4). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.485 Kinds of recreational pilot licence endorsements The following are recreational pilot licence endorsements: (a) a controlled aerodrome endorsement; (b) a controlled airspace endorsement; (c) a flight radio endorsement; (d) a recreational navigation endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.490 Privileges of recreational pilot licence endorsements (1) Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled aerodrome endorsement is authorised to pilot an aircraft, as pilot in command, at a controlled aerodrome. (2) Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled airspace endorsement is authorised to pilot an aircraft, as pilot in command, in controlled airspace. (3) Subject to Subpart 61.E, the holder of a recreational pilot licence with a flight radio endorsement is authorised to operate an aircraft radio on the ground or in flight to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation. (4) Subject to Subpart 61.E, the holder of a recreational pilot licence with a recreational navigation endorsement is authorised to pilot an aircraft, as pilot in command, on a cross-country flight. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.495 Requirements for grant of recreational pilot licence endorsements (1) This regulation applies to a person other than a person who is eligible to be granted a recreational pilot licence endorsement under regulation 61.500. (2) An applicant for a recreational pilot licence endorsement must: (a) have passed the aeronautical knowledge examination for the endorsement; and (b) have completed flight training for the endorsement; and (c) if the endorsement is a recreational navigation endorsement--have completed, in addition to the flight time mentioned in paragraph 61.475(2)(d): (i) at least 5 hours of solo cross-country flight time; and (ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time; and (d) if the endorsement is a flight radio endorsement--have a current aviation English language proficiency assessment. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. (3) The cross-country flight time required by paragraph (2)(c) must include a flight of at least 100 nautical miles, during which a full-stop landing is made at each of 2 aerodromes or landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.500 Grant of endorsement in recognition of other qualifications (1) An applicant for a recreational pilot licence endorsement is eligible to be granted the endorsement if the applicant: (a) holds a recreational pilot licence; and (b) holds another flight crew licence that authorises the exercise of the privileges of the endorsement. (2) An applicant for a controlled aerodrome endorsement is eligible to be granted the endorsement if: (a) regulation 61.480 applies to the applicant; and (b) the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft at a controlled aerodrome. (3) An applicant for a controlled airspace endorsement is eligible to be granted the endorsement if: (a) regulation 61.480 applies to the applicant; and (b) the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft in controlled airspace. (4) An applicant for a flight radio endorsement is eligible to be granted the endorsement if: (a) regulation 61.480 applies to the applicant; and (b) the applicant holds an approval from the recreational aviation administration organisation to operate an aircraft radio; and (c) the applicant has a current aviation English language proficiency assessment. (5) An applicant for a recreational navigation endorsement is eligible to be granted the endorsement if: (a) regulation 61.480 applies to the applicant; and (b) the applicant holds a cross-country navigation approval from the recreational aviation administration organisation; and (c) the applicant has completed the following flight time that complies with subregulation 61.495(3): (i) at least 5 hours of solo cross-country flight time; (ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time. Subpart 61.H --Private pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.505 Privileges of private pilot licences Subject to Subpart 61.E and regulation 61.510, the holder of a private pilot licence is authorised to pilot an aircraft as pilot in command or co-pilot if: (a) the aircraft is engaged in a private operation; or (b) the holder is receiving flight training. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The holder of a private pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430. Note 3: The holder of a private pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.510 Limitations on exercise of privileges of private pilot licences--multi-crew operations (1) On and after 1 September 2015, the holder of a private pilot licence is authorised to exercise the privileges of the licence in a multi-crew operation only if the holder has completed an approved course of training in multi-crew cooperation. (2) The holder of a private pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2015, the holder conducted a multi-crew operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.515 Requirements for grant of private pilot licences--general (1) An applicant for a private pilot licence must be at least 17. (2) The applicant must also have: (a) passed the aeronautical knowledge examination for the private pilot licence and the associated aircraft category rating; and (b) completed flight training for the private pilot licence and the associated aircraft category rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the private pilot licence and the associated aircraft category rating; and (d) met the aeronautical experience requirements mentioned in Division 61.H.2 or 61.H.3. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft. (4) An applicant who meets the requirements for the grant of a commercial pilot licence is taken to meet the requirements for the grant of a private pilot licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.520 Application of Division 61.H.2 This Division applies to an applicant for a private pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.525 Aeronautical experience requirements for grant of private pilot licences--aeroplane category (1) An applicant for a private pilot licence with the aeroplane category rating must have at least 35 hours of aeronautical experience that includes: (a) at least 30 hours of flight time as a pilot; and (b) at least 20 hours of flight time as pilot of an aeroplane; and (c) at least 10 hours of solo flight time in an aeroplane; and (d) at least 5 hours of solo cross-country flight time in an aeroplane; and (e) at least 2 hours of dual instrument time; and (f) at least one hour of dual instrument flight time in an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began. (4) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.530 Aeronautical experience requirements for grant of private pilot licences--helicopter category (1) An applicant for a private pilot licence with the helicopter category rating must have at least 35 hours of aeronautical experience that includes: (a) at least 30 hours of flight time as pilot of a helicopter; and (b) at least 10 hours of solo flight time in a helicopter; and (c) at least 5 hours of solo cross-country flight time in a helicopter; and (d) at least 2 hours of dual instrument time; and (e) at least one hour of dual instrument flight time in a helicopter. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began. (4) The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.535 Aeronautical experience requirements for grant of private pilot licences--gyroplane category (1) An applicant for a private pilot licence with the gyroplane category rating must have at least 35 hours of aeronautical experience that includes: (a) at least 30 hours of flight time as a pilot; and (b) at least 20 hours of flight time as pilot of a gyroplane; and (c) at least 10 hours of solo flight time in a powered aircraft; and (d) at least 5 hours of solo flight time in a gyroplane; and (e) at least 5 hours of solo cross-country flight time in a powered aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(e) must include a flight of at least 100 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. (4) The flight time in a gyroplane required by subregulation (1) must be completed in a registered or recognised gyroplane. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.540 Application of Division 61.H.3 This Division applies to an applicant for a private pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.545 Aeronautical experience requirements for grant of private pilot licences--aeroplane category (1) An applicant for a private pilot licence with the aeroplane category rating must have at least 40 hours of aeronautical experience that includes: (a) at least 35 hours of flight time as a pilot; and (b) at least 20 hours of flight time as pilot of an aeroplane; and (c) at least 10 hours of solo flight time in an aeroplane; and (d) at least 5 hours of solo cross-country flight time in an aeroplane; and (e) at least 2 hours of dual instrument time; and (f) at least one hour of dual instrument flight time in an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.550 Aeronautical experience requirements for grant of private pilot licences--helicopter category (1) An applicant for a private pilot licence with the helicopter category rating must have at least 40 hours of aeronautical experience that includes: (a) at least 35 hours of flight time as a pilot; and (b) at least 30 hours of flight time as pilot of a helicopter; and (c) at least 10 hours of solo flight time in a helicopter; and (d) at least 5 hours of solo cross-country flight time in a helicopter; and (e) at least 2 hours of dual instrument time; and (f) at least one hour of dual instrument flight time in a helicopter. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) The cross-country flight time required by paragraph (1)(d) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.555 Aeronautical experience requirements for grant of private pilot licences--powered-lift aircraft category (1) An applicant for a private pilot licence with the powered-lift aircraft category rating must have at least 40 hours of aeronautical experience that includes: (a) at least 35 hours of flight time as a pilot; and (b) at least 30 hours of flight time as pilot of a powered-lift aircraft or helicopter; and (c) at least 20 hours of flight time as pilot of a powered-lift aircraft; and (d) at least 10 hours of solo flight time in a powered-lift aircraft; and (e) at least 5 hours of solo cross-country flight time in a powered-lift aircraft; and (f) at least 2 hours of dual instrument time; and (g) at least one hour of dual instrument flight time in a powered-lift aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) The cross-country flight time required by paragraph (1)(e) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.560 Aeronautical experience requirements for grant of private pilot licences--gyroplane category (1) An applicant for a private pilot licence with the gyroplane category rating must have at least 40 hours of aeronautical experience that includes: (a) at least 35 hours of flight time as a pilot; and (b) at least 20 hours of flight time as pilot of a gyroplane; and (c) at least 10 hours of solo flight time in a powered aircraft; and (d) at least 5 hours of solo flight time in a gyroplane; and (e) at least 5 hours of solo cross-country flight time in a powered aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(e) must include a flight of at least 100 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.565 Aeronautical experience requirements for grant of private pilot licences--airship category (1) An applicant for a private pilot licence with the airship category rating must have completed at least 25 hours of flight time as pilot of an airship that includes: (a) at least 3 hours of cross-country flight time; and (b) at least 3 hours of dual instrument flight time; and (c) at least 5 hours of flight time as pilot in command under supervision. (2) The cross-country flight time required by paragraph (1)(a) must include a flight of at least 25 nautical miles. (3) The applicant must have completed, at an aerodrome: (a) at least 5 take-offs; and (b) at least 5 full-stop landings. (4) For paragraph (3)(b), each landing must involve a flight in traffic patterns at the aerodrome. Subpart 61.I --Commercial pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.570 Privileges of commercial pilot licences Subject to Subpart 61.E and regulation 61.575, the holder of a commercial pilot licence is authorised: (a) to pilot, as pilot in command, any aircraft in any operation, other than: (i) a multi-crew aircraft in a charter or regular public transport operation; or (ii) an aeroplane certificated for single-pilot operation, that has a maximum certificated take-off weight of more than 5 700 kg, in a regular public transport operation; or (iii) a turbojet aeroplane with a maximum certificated take-off weight of more than 3 500 kg in a regular public transport operation; and (b) to pilot, as co-pilot, any aircraft in any operation. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The holder of a commercial pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430. Note 3: The holder of a commercial pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.575 Limitations on exercise of privileges of commercial pilot licences--multi-crew operations (1) On and after 1 September 2015, the holder of a commercial pilot licence is authorised to exercise the privileges of the licence in a multi-crew operation only if the holder has completed an approved course of training in multi-crew cooperation. (2) The holder of a commercial pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2015, the holder conducted a multi-crew operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.580 Requirements for grant of commercial pilot licences--general (1) An applicant for a commercial pilot licence must be at least 18. (2) The applicant must also have: (a) passed the aeronautical knowledge examination for the commercial pilot licence and the associated aircraft category rating; and (b) completed flight training for the commercial pilot licence and the associated aircraft category rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the commercial pilot licence and the associated aircraft category rating; and (d) met the aeronautical experience requirements mentioned in Division 61.I.2 or 61.I.3. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft. (4) The applicant is taken to meet the requirements of paragraph (2)(b) if the applicant holds an air transport pilot licence with the associated aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.585 Application of Division 61.I.2 This Division applies to an applicant for a commercial pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.590 Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category (1) An applicant for a commercial pilot licence with the aeroplane category rating must have at least 150 hours of aeronautical experience that includes: (a) at least 140 hours of flight time as pilot of an aeroplane; and (b) at least 70 hours of flight time as pilot in command of an aeroplane; and (c) at least 20 hours of cross-country flight time as pilot in command of an aeroplane; and (d) at least 10 hours of instrument time; and (e) at least 5 hours of instrument flight time in an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began. (4) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.595 Aeronautical experience requirements for grant of commercial pilot licences--helicopter category (1) An applicant for a commercial pilot licence with the helicopter category rating must have at least 100 hours of aeronautical experience that includes: (a) at least 90 hours of flight time as pilot of a helicopter; and (b) at least 35 hours of flight time as pilot in command of a helicopter; and (c) at least 10 hours of cross-country flight time as pilot in command of a helicopter; and (d) at least 10 hours of instrument time; and (e) at least 5 hours of instrument flight time in a helicopter. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time. (4) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began. (5) The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.600 Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category (1) An applicant for a commercial pilot licence with the powered-lift aircraft category rating must have at least 150 hours of aeronautical experience that includes: (a) at least 140 hours of flight time as pilot of a powered-lift aircraft; and (b) at least 50 hours of flight time as pilot in command of a powered-lift aircraft; and (c) at least 10 hours of cross-country flight time as pilot in command of a powered-lift aircraft; and (d) at least 10 hours of instrument time; and (e) at least 5 hours of instrument flight time in a powered-lift aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time. (4) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. (5) The flight time in a powered-lift aircraft required by subregulation (1) must be completed in a registered or recognised powered-lift aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.605 Application of Division 61.I.3 This Division applies to an applicant for a commercial pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.610 Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category (1) An applicant for a commercial pilot licence with the aeroplane category rating must have at least 200 hours of aeronautical experience that includes: (a) at least 190 hours of flight time as a pilot; and (b) at least 100 hours of flight time as pilot in command of an aeroplane; and (c) at least 20 hours of cross-country flight time as pilot in command of an aeroplane; and (d) at least 10 hours of instrument time; and (e) at least 5 hours of instrument flight time in an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.615 Aeronautical experience requirements for grant of commercial pilot licences--helicopter category (1) An applicant for a commercial pilot licence with the helicopter category rating must have at least 150 hours of aeronautical experience that includes: (a) at least 140 hours of flight time as a pilot; and (b) at least 70 hours of flight time as pilot of a helicopter; and (c) at least 35 hours of flight time as pilot in command of a helicopter; and (d) at least 10 hours of cross-country flight time as pilot in command of a helicopter; and (e) at least 10 hours of instrument time; and (f) at least 5 hours of instrument flight time in a helicopter. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time. (4) The cross-country flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.620 Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category (1) An applicant for a commercial pilot licence with the powered-lift aircraft category rating must have at least 200 hours of aeronautical experience that includes: (a) at least 190 hours of flight time as a pilot; and (b) at least 50 hours of flight time as pilot in command of a powered-lift aircraft; and (c) at least 10 hours of cross-country flight time as pilot in command of a powered-lift aircraft; and (d) at least 10 hours of instrument time; and (e) at least 5 hours of instrument flight time in a powered-lift aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time. (4) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.625 Aeronautical experience requirements for grant of commercial pilot licences--gyroplane category (1) An applicant for a commercial pilot licence with the gyroplane category rating must have completed at least 150 hours of aeronautical experience that includes: (a) at least 75 hours of flight time as pilot of a gyroplane; and (b) at least 35 hours of flight time as pilot in command of a gyroplane; and (c) at least 20 hours of dual flight in a gyroplane; and (d) at least 20 hours of cross-country flight time as pilot in command of a powered aircraft; and (e) at least 10 hours of cross-country flight time as pilot in command of a gyroplane; and (f) at least 10 hours of dual instrument time in an aircraft or approved flight simulation training device for the purpose. (2) The cross-country flight time required by paragraph (1)(e) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.630 Aeronautical experience requirements for grant of commercial pilot licences--airship category (1) An applicant for a commercial pilot licence with the airship category rating must have at least 200 hours of aeronautical experience that includes: (a) at least 180 hours of flight time as a pilot; and (b) at least 50 hours of flight time as pilot of an airship; and (c) at least 30 hours of flight time as pilot in command, or pilot in command under supervision, of an airship; and (d) at least 10 hours of cross-country flight time as pilot in command, or pilot in command under supervision, of an airship; and (e) at least 10 hours of flight time at night as pilot in command, or pilot in command under supervision, of an airship; and (f) at least 40 hours of instrument time; and (g) at least 20 hours of instrument flight time; and (h) at least 10 hours of instrument flight time in an airship. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. Subpart 61.J --Multi-crew pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.635 Privileges of multi-crew pilot licences Subject to Subpart 61.E and regulations 61.640 to 61.650, the holder of a multi-crew pilot licence is authorised to pilot an aeroplane as co-pilot for an operator that is approved as a training and checking organisation under regulation 217 of CAR. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The holder of a multi-crew pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430. Note 3: The holder of a multi-crew pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.640 Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: general (1) The holder of a multi-crew pilot licence is authorised to conduct a circling approach under the IFR on a flight only if: (a) the holder passed the flight test for the licence within the previous 12 months, and the flight test included a circling approach; or (b) the holder's most recent instrument proficiency check included a circling approach; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes circling approaches under the IFR; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (1A) The holder of a multi-crew pilot licence is authorised to conduct a 3D instrument approach operation only if: (a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or (b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (2) For paragraphs (1)(b) and (1A)(b), an instrument proficiency check includes an operator proficiency check: (a) that covers IFR operations; and (b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement. (3) The holder of a multi-crew pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has: (a) completed training in the conduct of instrument approach operations using the procedure; and (b) demonstrated, to a person mentioned in subregulation (4), his or her competence in the conduct of instrument approach operations using the procedure. (4) For paragraph (3)(b), the persons are as follows: (a) CASA; (b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure; (c) a person who holds an approval under regulation 61.040 to assess the holder's competence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.645 Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: recent experience (1) Subject to subregulation (1A), this regulation applies to the holder of a multi-crew pilot licence. (1A) This regulation does not apply to the holder if: (a) the holder has successfully completed an operator proficiency check that covers IFR operations within the previous 3 months; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (2) The holder is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approach operations within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (3) The holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach operation within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose. (4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.650 Limitations on exercise of privileges of multi-crew pilot licences--instrument proficiency check (1) The holder of a multi-crew pilot licence is authorised to exercise the privileges of the licence under the IFR only if the holder has a valid instrument proficiency check for the aeroplane category. (2) However, the holder is authorised to exercise the privileges of the licence under the IFR in a multi-engine aeroplane only if the holder has a valid instrument proficiency check for multi-engine aeroplanes. (3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aeroplane category, or for multi-engine aeroplanes, during the following periods: (a) if the holder passes the flight test for the multi-crew pilot licence in a relevant aeroplane--the period from when the holder passes the flight test to the end of the 12th month after the month in which the holder passes the flight test; (b) if the holder successfully completes an operator proficiency check that covers IFR operations in the relevant aeroplane, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (c) if: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation in the relevant aeroplane; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the relevant aeroplane; the period during which the holder is successfully participating in the system; (d) if the holder successfully completes an instrument proficiency check for the relevant aeroplane--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (e) if: (i) the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (d) for the relevant aeroplane (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the relevant aeroplane; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for: (a) the aeroplane category; or (b) multi-engine aeroplanes. (4A) For subregulation (4), the failed check may be any of the following: (a) an instrument proficiency check for the aeroplane category; (b) an instrument proficiency check for multi-engine aeroplanes; (c) an instrument proficiency check for a type of aeroplane. (4B) If the holder is taken to have a valid instrument proficiency check for the relevant aeroplane only because of the holder's participation in an operator's training and checking system, the check is taken to be valid only for operations conducted by the operator. (5) For paragraphs (3)(d) and (e), the holder successfully completes an instrument proficiency check for the relevant aeroplane if: (a) CASA or a flight examiner: (i) assesses the holder's competency to conduct operations under the IFR in a relevant aeroplane as meeting the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check in the relevant aeroplane; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8); or (b) a person mentioned in subregulation (7) assesses the holder as competent to conduct operations under the IFR in a relevant aeroplane, and CASA or a flight examiner: (i) conducts an oral assessment of the holder's knowledge of IFR operation procedures to the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8). (6) For paragraphs (3)(d) and (e), the instrument proficiency check must be conducted in a relevant aeroplane or an approved flight simulation training device for the proficiency check. (7) For paragraph (5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check. (8) For subparagraphs (5)(a)(iii) and (b)(iii), the matters are: (a) the date on which the instrument proficiency check is conducted; and (b) whether the instrument proficiency check is for the aeroplane category or multi-engine aeroplanes. (9) In this regulation: " relevant aeroplane ", for an instrument proficiency check, means: (a) if the instrument proficiency check is for the aeroplane category--a single-engine or multi-engine aeroplane; or (b) if the instrument proficiency check is for multi-engine aeroplanes--a multi-engine aeroplane. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.655 Requirements for grant of multi-crew pilot licences (1) An applicant for a multi-crew pilot licence must be at least 18. (2) The applicant must also: (a) have passed the aeronautical knowledge examination for the multi-crew pilot licence and the aeroplane category rating; and (b) have completed a multi-crew pilot licence training course; and (c) have passed the flight test mentioned in the Part 61 Manual of Standards for the multi-crew pilot licence; and (d) have met the aeronautical experience requirements mentioned in regulation 61.660; and (e) hold a pilot type rating for a multi-crew aeroplane. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 3: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) For paragraph (2)(c), the flight test must be conducted under the IFR in: (a) a multi-engine turbine-powered aeroplane for which a pilot type rating is prescribed by a legislative instrument under regulation 61.055; or (b) an approved flight simulator for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.660 Aeronautical experience requirements for grant of multi-crew pilot licences--aeroplane category (1) An applicant for a multi-crew pilot licence with the aeroplane category rating must have at least 240 hours of aeronautical experience that includes: (a) at least 40 hours of flight time as pilot of an aeroplane; and (b) at least 10 hours of solo flight time in an aeroplane; and (c) at least 5 hours of cross-country flight time as pilot in command of an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) The cross-country flight time required by paragraph (1)(c) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began. (4) The applicant must have completed at least 12 take-offs, and at least 12 landings, in an aeroplane of the type used for the applicant's flight test. (5) The applicant is taken to meet the requirements of subregulation (4) if: (a) the applicant holds an approval under regulation 61.040 for a number of take-offs and landings that is less than 12 but not less than 6; and (b) the applicant has completed at least that number of take-offs, and at least that number of landings, in an aeroplane of the type used for the applicant's flight test. (6) CASA may grant an approval mentioned in paragraph (5)(a) only if: (a) the lower number does not adversely affect the acquisition of the required skill by the applicant; and (b) the Part 142 operator conducting the training course mentioned in paragraph 61.655(2)(b) has made arrangements to ensure that corrective action can be taken if in-training or post-training evaluation indicates a need for corrective action. (7) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane. Subpart 61.K --Air transport pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.665 Privileges of air transport pilot licences Subject to Subpart 61.E and regulations 61.670 to 61.695, the holder of an air transport pilot licence is authorised to pilot an aeroplane, helicopter or powered-lift aircraft as pilot in command or co-pilot. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The holder of an air transport pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430. Note 3: The holder of an air transport pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.670 Limitations on exercise of privileges of air transport pilot licences--helicopter IFR flight The holder of an air transport pilot licence is authorised to pilot a helicopter under the IFR only if the holder also holds an instrument rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.675 Limitations on exercise of privileges of air transport pilot licences--single-pilot IFR flight The holder of an air transport pilot licence is authorised to pilot an aircraft in a single-pilot operation under the IFR only if the holder has: (a) passed the flight test for an instrument rating in a single-pilot aircraft; or (b) completed an instrument proficiency check in a single-pilot aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.680 Limitations on exercise of privileges of air transport pilot licences--IFR flight: general (1) The holder of an air transport pilot licence is authorised to conduct an instrument approach operation of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of approach. (2) The holder of an air transport pilot licence is authorised to conduct a circling approach under the IFR on a flight only if: (a) the holder passed the flight test for the licence within the previous 12 months, and the flight test included a circling approach; or (b) the holder's most recent instrument proficiency check included a circling approach; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes circling approaches under the IFR; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (2A) The holder of an air transport pilot licence is authorised to conduct a 3D instrument approach operation only if: (a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or (b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (3) For paragraphs (2)(b) and (2A)(b), an instrument proficiency check includes an operator proficiency check: (a) that covers IFR operations; and (b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement. (4) The holder of an air transport pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has: (a) completed training in the conduct of instrument approach operations using the procedure; and (b) demonstrated, to a person mentioned in subregulation (5), his or her competence in the conduct of instrument approach operations using the procedure. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure; (c) a person who holds an approval under regulation 61.040 to assess the holder's competence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.685 Limitations on exercise of privileges of air transport pilot licences--IFR flight: recent experience (1) Subject to subregulation (1A), this regulation applies to the holder of an air transport pilot licence. (1A) This regulation does not apply to the holder if: (a) the holder has successfully completed an operator proficiency check that covers IFR operations within the previous 3 months; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation; and (ii) the operator holds an approval under this regulation for the system for this subregulation. (2) The holder is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approach operations within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (3) The holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach operation within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose. (4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.695 Limitations on exercise of privileges of air transport pilot licences--instrument proficiency check (1) The holder of an air transport pilot licence is authorised to exercise the privileges of the licence under the IFR in an aircraft of a particular category only if the holder has a valid instrument proficiency check for the aircraft category. (2) However: (a) the holder is authorised to exercise the privileges of the licence in a multi-engine aeroplane only if the holder has a valid instrument proficiency check for multi-engine aeroplanes; and (b) the holder is authorised to exercise the privileges of the licence in a multi-engine helicopter only if the holder has a valid instrument proficiency check for multi-engine helicopters. (3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi-engine aeroplanes or helicopters, during the following periods: (a) if the holder passes the flight test for the air transport pilot licence in a relevant aircraft--the period from when the holder passes the flight test to the end of the 12th month after the month in which the holder passes the flight test; (b) if the holder successfully completes an operator proficiency check that covers IFR operations in the relevant aircraft, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (c) if: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation in the relevant aircraft; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the relevant aircraft; the period during which the holder is successfully participating in the system; (d) if the holder successfully completes an instrument proficiency check for the relevant aircraft--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (e) if: (i) the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (d) for the relevant aircraft (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the relevant aircraft; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for: (a) the aircraft category in which the holder attempted the failed check; or (b) multi-engine aircraft of the category in which the holder attempted the failed check. (4A) For subregulation (4), the failed check may be any of the following: (a) an instrument proficiency check for an aircraft category; (b) an instrument proficiency check for multi-engine aeroplanes or helicopters; (c) an instrument proficiency check for an aircraft type. (4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder's participation in an operator's training and checking system, the check is taken to be valid only for operations conducted by the operator. (5) For paragraphs (3)(d) and (e), the holder successfully completes an instrument proficiency check for the relevant aircraft if: (a) CASA or a flight examiner: (i) assesses the holder's competency to conduct operations under the IFR in a relevant aircraft as meeting the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check in the relevant aircraft; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8); or (b) a person mentioned in subregulation (7) assesses the holder as competent to conduct operations under the IFR in a relevant aircraft, and CASA or a flight examiner: (i) conducts an oral assessment of the holder's knowledge of IFR operation procedures to the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8). (6) For paragraphs (3)(d) and (e), the instrument proficiency check must be conducted in a relevant aircraft or an approved flight simulation training device for the proficiency check. (7) For paragraph (5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check. (8) For subparagraphs (5)(a)(iii) and (b)(iii), the matters are: (a) the date on which the instrument proficiency check is conducted; and (b) the aircraft to which the instrument proficiency check relates. (9) In this regulation: " relevant aircraft ", for an instrument proficiency check, means: (a) if the instrument proficiency check is for an aircraft category--a single-engine or multi-engine aircraft of that category; or (b) if the instrument proficiency check is for multi-engine aeroplanes--a multi-engine aeroplane; or (c) if the instrument proficiency check is for multi-engine helicopters--a multi-engine helicopter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.700 Requirements for grant of air transport pilot licences--general (1) An applicant for an air transport pilot licence must be at least 21. (2) The applicant must also hold a commercial pilot licence or multi-crew pilot licence with the same aircraft category rating. (3) The applicant must also have: (a) passed the aeronautical knowledge examination for the air transport pilot licence and the associated aircraft category rating; and (b) completed flight training for the air transport pilot licence and the associated aircraft category rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the air transport pilot licence and the associated aircraft category rating; and (d) met the aeronautical experience requirements of this Subpart; and (e) completed an approved course of training in multi-crew cooperation. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (4) An applicant for an air transport pilot licence with the aeroplane category rating is taken to meet the requirements of paragraph (3)(a) if the applicant holds a multi-crew pilot licence. (5) For paragraph (3)(c), the flight test for the air transport pilot licence with the aeroplane category rating must be conducted under the IFR in: (a) a multi-engine turbine-powered aeroplane that is configured for flight, and operated, with a co-pilot; or (b) an approved flight simulator for the flight test. (6) For paragraph (3)(c), the flight test for the air transport pilot licence with the helicopter category rating must be conducted in: (a) a turbine-powered helicopter that is: (i) certificated for night VFR operations; and (ii) configured for flight, and operated, with a co-pilot; or (b) an approved flight simulator for the flight test. (7) For paragraph (3)(c), the flight test for the air transport pilot licence with the powered-lift aircraft category rating must be conducted in: (a) a powered-lift aircraft operated and configured for flight with a co-pilot and equipped for IFR flight; or (b) an approved flight simulator for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.705 Aeronautical experience requirements for grant of air transport pilot licences--aeroplane category (1) An applicant for an air transport pilot licence with the aeroplane category rating must have at least 1 500 hours of aeronautical experience that includes: (a) at least 1 400 hours of flight time as a pilot; and (b) at least 750 hours of flight time as pilot of an aeroplane; and (c) either: (i) at least 500 hours of flight time in an aeroplane as pilot in command under supervision; or (ii) at least 250 hours of flight time in an aeroplane as pilot in command or pilot in command under supervision, of which at least 70 hours must be as pilot in command; and (d) at least 200 hours of cross-country flight time in an aeroplane; and (e) at least 100 hours of cross-country flight time as pilot in command, or pilot in command under supervision, of an aeroplane; and (f) at least 100 hours of flight time at night as pilot of an aeroplane, other than dual flight; and (g) at least 75 hours of instrument time; and (h) at least 45 hours of instrument flight time in an aeroplane. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose. (3) However, no more than 25 hours may be completed in a flight simulation training device that is not a flight simulator. (4) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.710 Aeronautical experience requirements for grant of air transport pilot licences--helicopter category (1) An applicant for an air transport pilot licence with the helicopter category rating must have at least 1 000 hours of aeronautical experience that includes: (a) at least 900 hours of flight time as a pilot; and (b) at least 750 hours of flight time as pilot of a helicopter; and (c) at least 250 hours of flight time as pilot in command, or pilot in command under supervision, of a helicopter; and (d) at least 70 hours of flight time as pilot in command of a helicopter; and (e) at least 200 hours of cross-country flight time in a helicopter; and (f) at least 100 hours of cross-country flight time as pilot in command, or pilot in command under supervision, of a helicopter; and (g) at least 50 hours of flight time at night as pilot of a helicopter; and (h) at least 30 hours of instrument time; and (i) at least 20 hours of instrument flight time in a helicopter. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However: (a) no more than 25 hours of the required aeronautical experience may be completed in a flight simulation training device that is not a flight simulator; and (b) no more than 5 hours of the required aeronautical experience may be completed as tethered flight time. (4) The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.715 Aeronautical experience requirements for grant of air transport pilot licences--powered-lift aircraft category (1) An applicant for an air transport pilot licence with the powered-lift aircraft category rating must have at least 1 500 hours of aeronautical experience that includes: (a) at least 1 400 hours of flight time as a pilot; and (b) at least 750 hours of flight time as pilot of a powered-lift aircraft; and (c) at least 250 hours of flight time as pilot in command, or pilot in command under supervision, of a powered-lift aircraft; and (d) at least 70 hours of flight time as pilot in command of a powered-lift aircraft; and (e) at least 100 hours of cross-country flight time in a powered-lift aircraft; and (f) at least 50 hours of cross-country flight time as pilot in command, or pilot in command under supervision, of a powered-lift aircraft; and (g) at least 25 hours of flight time at night as pilot of a powered-lift aircraft; and (h) at least 75 hours of instrument time; and (i) at least 45 hours of instrument flight time in a powered-lift aircraft. (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as: (a) simulated flight time in an approved flight simulation training device for the purpose; or (b) tethered flight time. (3) However: (a) no more than 25 hours may be completed in a flight simulation training device that is not a flight simulator; and (b) no more than 5 hours may be completed as tethered flight time. (4) The flight time in a powered-lift aircraft required by subregulation (1) must be completed in a registered or recognised powered-lift aircraft. Subpart 61.L --Aircraft ratings and endorsements for pilot licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.720 What Subpart 61.L is about Subpart 61.L provides for ratings and endorsements that are required to authorise the holder of a pilot licence to exercise the privileges of the licence in an aircraft of a particular category, class or type. Note 1: For the aircraft categories, see regulation 61.015. Note 2: For the aircraft classes, see regulation 61.020. Note 3: A design feature endorsement is required for the exercise of the privileges of a pilot licence in an aircraft that has the design feature to which the design endorsement relates: see regulation 61.760. Note 4: A pilot type rating is required for the exercise of the privileges of a pilot licence in a multi-crew aircraft or an aircraft for which a single-pilot type rating is required by a legislative instrument under regulation 61.060: see subregulation 61.375(3). The type ratings that may be granted are set out in legislative instruments under regulations 61.055 (multi-crew aircraft) and 61.060 (single-pilot aircraft). Note 5: However, the holder of a pilot licence may conduct some activities in an aircraft of a particular type without holding a pilot type rating if he or she holds a cruise relief type rating for the type of aircraft: see subregulation 61.375(6). The cruise relief type ratings that may be granted are those set out in a legislative instrument under regulation 61.055. Note 6: For ratings and endorsements to conduct particular operations in an aircraft, see Subparts 61.M to 61.U. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.725 Privileges of aircraft category ratings Subject to Subpart 61.E, the holder of an aircraft category rating is authorised to exercise the privileges of the pilot licence with which the category rating is associated in an aircraft of that category. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: An aircraft category rating has effect only in conjunction with the pilot licence for which it is granted. It does not authorise the exercise, in the aircraft category covered by the rating, of the privileges of any other pilot licence held by the holder of the rating: see the definition of associated in regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.730 Requirements for grant of aircraft category ratings (1) An applicant for an aircraft category rating must be an applicant for, or the holder of, a pilot licence. Note: Subregulation (1) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a pilot licence: see item 36 of Part 2 of the Dictionary. (2) If the application for the aircraft category rating is made at the same time as an application for a pilot licence, the applicant meets the requirements for the grant of the category rating if the applicant meets the requirements for the grant of the pilot licence with the aircraft category rating. (3) An applicant for an aircraft category rating for an existing pilot licence must meet the requirements for the grant of the pilot licence with the aircraft category rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.735 Privileges of aircraft class ratings Subject to Subpart 61.E and regulations 61.740 and 61.745, the holder of an aircraft class rating is authorised to exercise the privileges of the holder's pilot licence in an aircraft of that class, other than an aircraft that: (a) is certificated for multi-crew operation; or (b) is of a type for which a single-pilot type rating is required by a legislative instrument under regulation 61.060 (Prescription of type ratings--single-pilot aircraft). Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.745 Limitations on exercise of privileges of aircraft class ratings--flight review (1) The holder of an aircraft class rating is authorised to exercise the privileges of the rating only if the holder has a valid flight review for the rating. (1A) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (2) and ending: (a) at the end of the 24th month after the month in which the holder completes the review; or (b) if: (i) the holder already has a valid flight review for the rating (the previous flight review) when the holder successfully completes the flight review; and (ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully completes the flight review; at the end of the 24th month after the validity of the previous flight review expires. (2) The flight review must be conducted in: (a) an aircraft of the class covered by the rating; or (b) an approved flight simulator for the flight review. (3) For subregulation (1A), the holder is taken to have successfully completed a flight review for the rating if the holder: (a) passes the flight test for the rating; or (b) passes the flight test for an operational rating in an aircraft of the class covered by the aircraft class rating; or (c) completes flight training for a design feature endorsement in an aircraft of the class covered by the aircraft class rating; or (d) successfully completes a flight review for a pilot type rating in an aircraft of a type prescribed in an instrument under regulation 61.061 for the class rating; or (e) successfully completes: (i) an operator proficiency check that covers operations in the class; or (ii) a proficiency check mentioned in subregulation (3A) in an aircraft of the class or an approved flight simulation training device for the purpose. (3A) For subparagraph (3)(e)(ii), the proficiency checks are as follows: (a) an instrument proficiency check; (b) a night vision imaging system proficiency check; (c) an aerial application proficiency check; (d) an instructor proficiency check; (e) an examiner proficiency check. (3B) For subregulation (1), the holder is taken to have a valid flight review for the rating if: (a) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of the class covered by the rating; and (b) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that class. (4) However, paragraph (3)(a) does not apply if the holder was taken to have met the requirements for the grant of the rating under subregulation 61.480(3). Note: For general rules in relation to flight reviews, see regulation 61.400. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.747 Limitations on exercise of privileges of class ratings in certain aircraft--flight review (1) The holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft of a type mentioned in subregulation (2) only if the holder has: (a) completed the flight training mentioned in subregulation (3) for the aircraft type; and (b) successfully completed a flight review in: (i) an aircraft of the type; or (ii) an approved flight simulator for the flight review. (2) For subregulation (1), the aircraft types are prescribed in an instrument under regulation 61.062. (3) For paragraph (1)(a), the holder completes flight training for the aircraft type only if: (a) the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type; and (b) the training is conducted by: (i) an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the aircraft type; or (ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and (c) the training is conducted in accordance with regulation 61.205; and (d) the instructor is satisfied that the holder meets the competency standards mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type. (4) The holder of a class rating that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) for a type of aircraft if, immediately before 1 September 2014, the holder held an aircraft endorsement that was in force for the type of aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.750 Requirements for grant of aircraft class ratings (1) An applicant for an aircraft class rating must hold: (a) a pilot licence; and (b) the aircraft category rating for the aircraft category to which aircraft of that class belong. Note: Subregulation (1) is satisfied, in relation to a required licence or rating, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence or rating: see item 36 of Part 2 of the Dictionary. (2) However, an applicant for a multi-engine aeroplane class rating must hold a private pilot licence, commercial pilot licence, multi-crew pilot licence or air transport pilot licence. (3) The applicant must also have: (a) completed flight training for the rating; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the aircraft class rating in an aircraft of the class covered by the rating. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.755 Design features that require design feature endorsement Aeroplanes (2) The following design features on an aeroplane require a design feature endorsement: (a) tailwheel undercarriage; (b) retractable undercarriage; (c) manual propeller pitch control (piston engine); (d) gas turbine engine; (e) multi-engine centre-line thrust; (f) pressurisation system; (g) floatplane; (h) floating hull; (i) ski landing gear. Helicopters (3) The following design features on a helicopter require a design feature endorsement: (a) float alighting gear; (b) retractable undercarriage; (c) gas turbine engine. Gyroplanes (4) The following design features on a gyroplane require a design feature endorsement: (a) retractable undercarriage; (b) pressurisation system; (c) gas turbine engine. Airships (5) The following design features on an airship require a design feature endorsement: (a) pressurisation system; (b) gas turbine engine. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.760 Privileges of design feature endorsements Subject to Subpart 61.E, the holder of a design feature endorsement is authorised to exercise the privileges of his or her pilot licence in an aircraft that: (a) has that design feature; and (b) is: (i) of a class for which the holder holds an aircraft class rating; or (ii) of a type for which the holder holds an aircraft type rating. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.765 Requirements for grant of design feature endorsements (1) An applicant for a design feature endorsement must: (a) hold an aircraft class rating that covers an aircraft with the design feature; and (b) either: (i) have passed the flight test for the class rating in an aircraft with the design feature; or (ii) have completed flight training for the endorsement. Note 1: For paragraph (a), paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the rating: see item 36 of Part 2 of the Dictionary. Note 2: For subparagraph (b)(i), for the conduct of flight tests, see Division 61.B.4. Note 3: For subparagraph (b)(ii), for the requirements for flight training, see Division 61.B.2. (2) A pilot who holds a type rating for an aircraft that has a design feature mentioned for the aircraft in regulation 61.755 is taken to meet the requirements of subregulation (1) for that design feature. Note: Subregulation (2) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the rating: see item 36 of Part 2 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.770 Privileges of pilot type ratings Subject to Subpart 61.E and regulations 61.775 to 61.805, the holder of a pilot licence and a pilot type rating is authorised to exercise the privileges of the licence in an aircraft of the type covered by the rating. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The aircraft types for which pilot type ratings may be granted are set out in legislative instruments under regulations 61.055 (multi-crew aircraft) and 61.060 (single-pilot aircraft). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.775 Limitations on exercise of privileges of pilot type ratings--flight test in flight simulator (1) This regulation applies to the holder of a pilot type rating for a type rated aircraft that is a multi-engine turbine-powered aircraft if the holder passed the flight test for the rating in a flight simulator. (2) The holder is authorised to exercise the privileges of the rating as pilot in command only if the holder has at least 25 hours of flight time as pilot of an aircraft covered by the rating. (3) The holder is taken to meet the requirements of subregulation (2) if the holder has: (a) for a type rating for a turbojet-powered aeroplane: (i) at least 1 000 hours of flight time as pilot of a turbojet-powered aeroplane; or (ii) at least 2 000 hours of flight time, including at least 500 hours of flight time as pilot of a turbojet-powered aeroplane; or (b) for a type rating for a turboprop-powered aeroplane: (i) at least 1 000 hours of flight time as pilot of a turboprop-powered aeroplane; or (ii) at least 2 000 hours of flight time, including at least 500 hours of flight time as pilot of a turboprop-powered aeroplane; or (c) for a type rating for a turbine-powered helicopter: (i) at least 1 000 hours of flight time as pilot of a turbine-powered helicopter; or (ii) at least 2 000 hours of flight time, including at least 500 hours of flight time as pilot of a turbine-powered helicopter; or (d) for a type rating for a powered-lift aircraft: (i) at least 1 000 hours of flight time as pilot of a multi-engine turbine-powered helicopter or powered-lift aircraft; or (ii) at least 2 000 hours of flight time, including at least 500 hours of flight time as pilot of a multi-engine turbine-powered helicopter or powered-lift aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.780 Limitations on exercise of privileges of pilot type ratings--variants (1) This regulation applies if: (a) the holder of a pilot type rating passed the flight test for the rating in: (i) an aircraft model covered by the rating (the first variant); or (ii) an approved flight simulator for the first variant; and (b) differences training is required by a legislative instrument under regulation 61.055 or 61.060 for another aircraft model covered by the rating (the second variant). (2) The holder is authorised to exercise the privileges of the rating in an aircraft of the second variant only if the holder has completed the differences training for the second variant. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.785 Limitations on exercise of privileges of pilot type ratings--single-pilot operation and multi-crew operation (1) On and after 1 September 2015, the holder of a single-pilot type rating is authorised to exercise the privileges of the rating in a multi-crew operation only if: (a) the holder also holds a multi-crew type rating; or (b) the holder has completed an approved course of training in multi-crew cooperation. (2) The holder of a multi-crew type rating is authorised to exercise the privileges of the rating only in a multi-crew operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.790 Limitations on exercise of privileges of pilot type ratings--IFR operation The holder of a pilot type rating is authorised to pilot an aircraft under the IFR only if: (a) the flight test for the rating is conducted under the IFR; or (b) the holder has completed an instrument proficiency check in an aircraft covered by the rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.795 Limitations on exercise of privileges of pilot type ratings--recent experience on aircraft models The holder of a pilot type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating only if: (a) within the previous 24 months, the holder has: (i) exercised the privileges of the rating in the aircraft model; or (ii) passed the flight test for the rating in the aircraft model; or (iii) successfully completed a flight review in the aircraft model; or (iv) if differences training is required by an instrument under regulation 61.055 or 61.060 for the aircraft model--completed the differences training; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in the aircraft model; and (ii) the operator holds an approval under regulation 61.040 for the system for this regulation and operations in that aircraft model. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.800 Limitations on exercise of privileges of pilot type ratings--flight review (1) The holder of a pilot type rating is authorised to exercise the privileges of the rating as the pilot in command of an aircraft only if the holder has a valid flight review for the rating. (2) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (3) and ending: (a) at the end of the 24th month after the month in which the holder completes the review; or (b) if: (i) the holder already has a valid flight review for the rating (the previous flight review) when the holder successfully completes the flight review; and (ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully complete the flight review; at the end of the 24th month after the validity of the previous flight review expires. (3) For subregulation (2), the flight review must be conducted in: (a) if the aircraft covered by the rating is a type of single-engine helicopter prescribed by an instrument under regulation 61.063: (i) a helicopter of the type covered by the rating; or (ii) an approved flight simulator for that type of helicopter; or (iii) a type of single-engine helicopter prescribed by the instrument as equivalent to the type covered by the rating; or (iv) an approved flight simulator for that type of helicopter; or (b) in any other case: (i) an aircraft of the type covered by the rating; or (ii) an approved flight simulator for that type of aircraft. (4) For subregulation (2), the holder is taken to have successfully completed a flight review for the rating if the holder: (a) passes the flight test for the rating; or (b) passes the flight test for an operational rating in an aircraft of the class covered by the type rating; or (c) completes flight training for a design feature endorsement in an aircraft of the class covered by the type rating; or (d) successfully completes: (i) an operator proficiency check that covers operations in the type; or (ii) a proficiency check mentioned in subregulation (5) in an aircraft of the type or an approved flight simulation training device for the purpose. (5) For subparagraph (4)(d)(ii), the proficiency checks are as follows: (a) an instrument proficiency check; (b) a night vision imaging system proficiency check; (c) an aerial application proficiency check; (d) an instructor proficiency check; (e) an examiner proficiency check. (6) For subregulation (1), the holder is taken to have a valid flight review for the rating if: (a) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of the type covered by the rating; and (b) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type. Note: For general rules in relation to flight reviews, see regulation 61.400. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.805 Limitations on exercise of privileges of pilot type ratings--instrument proficiency check (1) The holder of a pilot type rating is authorised to exercise the privileges of the rating under the IFR only if the holder has a valid instrument proficiency check for the aircraft type covered by the rating. (2) Subject to subregulations (4) and (4B), for subregulation (1), the holder is taken to have a valid instrument proficiency check for an aircraft type, other than a single-pilot turbojet aeroplane type, during the following periods: (a) if the holder passes the flight test for an instrument rating, private IFR rating, multi-crew pilot licence or air transport pilot licence in an aircraft of that type--the period from when the holder passes the flight test to the end of the 24th month after the month in which the holder passes the flight test; (aa) if the holder passes the flight test for the pilot type rating in an aircraft under the IFR--the period from when the holder passes the flight test to the end of the 24th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for an instrument endorsement in an aircraft of that type; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers IFR operations in an aircraft of that type, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation in an aircraft of that type; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instrument proficiency check for the aircraft type--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (e) for the aircraft type (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the aircraft type; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) Subject to subregulations (4) and (4B), for subregulation (1), the holder is taken to have a valid instrument proficiency check for a single-pilot turbojet aeroplane type during the following periods: (a) if the holder passes the flight test for the instrument rating or private IFR rating that is conducted as a single-pilot operation in an aircraft of that type--the period from when the holder passes the flight test to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for an instrument endorsement in an aircraft of that type; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 12th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers IFR operations in an aircraft of that type, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation in an aircraft of that type; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instrument proficiency check for the aircraft type--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (e) for the aircraft type (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the aircraft type; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for a type of aircraft belonging to the aircraft category in which the holder attempted the failed check. (4A) For subregulation (4), the failed check may be any of the following: (a) an instrument proficiency check for an aircraft category; (b) an instrument proficiency check for multi-engine aeroplanes or helicopters; (c) an instrument proficiency check for an aircraft type. (4B) If the holder is taken to have a valid instrument proficiency check for the aircraft type only because of the holder's participation in an operator's training and checking system, the check is taken to be valid only for operations conducted by the operator. (5) For paragraphs (2)(e) and (f) and (3)(e) and (f), the holder successfully completes an instrument proficiency check for the relevant aircraft if: (a) CASA or a flight examiner: (i) assesses the holder's competency to conduct operations under the IFR in a relevant aircraft as meeting the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check in the relevant aircraft; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8); or (b) a person mentioned in subregulation (7) assesses the holder as competent to conduct operations under the IFR in a relevant aircraft, and CASA or a flight examiner: (i) conducts an oral assessment of the holder's knowledge of IFR operation procedures to the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8). (6) For paragraphs (2)(e) and (f) and (3)(e) and (f), the instrument proficiency check must be conducted in a relevant aircraft or an approved flight simulation training device for the proficiency check. (7) For paragraph (5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check. (8) For subparagraphs (5)(a)(iii) and (b)(iii), the matters are: (a) the date on which the instrument proficiency check is conducted; and (b) the aircraft type to which the instrument proficiency check relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.810 Requirements for grant of pilot type ratings (1) This regulation applies to an applicant for a pilot type rating if the applicant is not taken to meet the requirements for the grant of the rating under regulation 61.815 or 61.820. (2) The applicant must hold: (a) a pilot licence; and (b) an aircraft category rating for the category of aircraft that includes aircraft of the type covered by the pilot type rating. Note: Subregulation (2) is satisfied, in relation to a licence or rating, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the licence or rating: see item 36 of Part 2 of the Dictionary. (3) The applicant must also have: (a) completed an approved course of training for the rating that includes: (i) theory and technical training; and (ii) flight training in accordance with the approved course, consisting of: (A) dual flight in an aircraft of the type covered by the rating; or (B) dual simulated flight in an approved flight simulator for the training; and (b) passed an examination, conducted by the operator or organisation that conducted the training mentioned in paragraph (a), testing the applicant's aeronautical knowledge against the standards mentioned in the Part 61 Manual of Standards for the rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the rating. Note 1: For paragraph (a), for the requirements for an approved course of training, see Division 61.B.2. Note 2: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (4) For paragraph (3)(a), the approved course of training must be conducted by: (a) a Part 141 or 142 operator that is authorised under Part 141 or 142 to conduct the course; or (b) the holder of an approval under regulation 141.035 or 142.040 to conduct the training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.815 Person taken to meet requirements for grant of pilot type rating--multi-crew pilot licence holder A person is taken to meet the requirements for the grant of a pilot type rating for a type of aircraft if: (a) the person meets the requirements for the grant of a multi-crew pilot licence; and (b) the flight test for the multi-crew pilot licence is conducted in: (i) an aircraft of that type; or (ii) an approved flight simulator for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.820 Person taken to meet requirements for grant of pilot type rating--new type rating (1) A person is taken to meet the requirements for the grant of a pilot type rating (the new type rating) if: (a) the person holds a pilot type rating (the old type rating) covering 2 or more aircraft models that were, in accordance with a legislative instrument under regulation 61.055 or 61.060 (the old legislative instrument), variants of each other; and (b) as a result of a change to the legislative instrument, or the making of a new legislative instrument: (i) the models are no longer variants of each other; and (ii) one or more of the models is covered by the new type rating; and (c) one of the following applies: (i) the person passed the flight test for the old type rating in: (A) an aircraft model that is covered by the new type rating; or (B) an approved flight simulator for an aircraft model covered by the new type rating; (ii) differences training was not required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; (iii) both: (A) differences training was required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; and (B) the person has completed the differences training. (2) A person is taken to meet the requirements for the grant of a single-pilot type rating for a type of aircraft if: (a) a single-pilot type rating is required for that type of aircraft; and (b) a single-pilot type rating was not previously required for that type of aircraft; and (c) the person holds a class rating for the class that includes that type of aircraft; and (d) the person has piloted an aircraft of that type; and (e) a person who may grant the rating is satisfied that the person is competent to pilot an aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.822 Removal of type rating condition about acting as pilot in command (1) This regulation applies to the holder of a type rating granted on the basis of regulation 202.272 or 202.274 if the rating is subject to the condition that the holder must not act as pilot in command of the relevant aircraft type. (2) CASA must remove the condition if: (a) the holder applies to CASA for the removal of the condition; and (b) the holder meets the requirements under this Part for the grant of the type rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.825 Kinds of cruise relief type rating The kinds of cruise relief type rating are set out in column 1 of table 61.825. Table 61.825 Cruise relief type ratings Item Column 1 Rating Column 2 Activities authorised 1 Cruise relief co-pilot rating (type specific) Act as co-pilot of an aircraft of the specified type 2 Cruise relief flight engineer rating (type specific) Act as flight engineer of an aircraft of the specified type CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.830 Privileges of cruise relief type ratings Subject to Subpart 61.E and regulations 61.835 and 61.840, the holder of a rating mentioned in an item in column 1 of table 61.825 is authorised to undertake the activity mentioned in column 2 of the item. Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. Note 2: The types for which cruise relief type ratings may be granted are set out in legislative instruments made under regulations 61.055 (multi-crew aircraft) and 61.060 (single-pilot aircraft). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.835 Limitations on exercise of privileges of cruise relief type ratings--general (1) The holder of a cruise relief co-pilot type rating is authorised to act as co-pilot of an aircraft: (a) only if the aircraft is operated by an operator that: (i) has a training and checking system; and (ii) holds an approval under regulation 61.040 for the system for this subregulation; and (b) only while the aircraft is at flight level 200 or above. (2) The holder of a cruise relief flight engineer type rating is authorised to act as flight engineer of an aircraft only while the aircraft is at flight level 200 or above. (3) Subregulation (4) applies if: (a) the holder of a cruise relief type rating passed the flight test for the rating in: (i) an aircraft model covered by the rating (the first variant); or (ii) an approved flight simulator for the first variant; and (b) differences training is required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating (the second variant). (4) The holder is authorised to exercise the privileges of the rating in the second variant only if the holder has completed the differences training for the second variant. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.840 Limitations on exercise of privileges of cruise relief type ratings--recent experience (1) The holder of a cruise relief co-pilot type rating is authorised to act as co-pilot of an aircraft of a particular type only if: (a) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of that type; and (b) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type; and (b) the holder has, within the previous 90 days: (i) completed at least 2 hours of simulated flight time as co-pilot in an approved flight simulation training device; or (ii) passed the flight test for the grant of the rating; or (iii) exercised the privileges of the rating in an aircraft. (2) The holder of a cruise relief flight engineer type rating is authorised to act as a cruise relief flight engineer of an aircraft of a particular type only if: (a) the holder has acted as a cruise relief flight engineer of an aircraft of that type, or in an approved flight simulator for the purpose, for a period of at least one hour in the previous 90 days; or (b) the holder has successfully completed an operator proficiency check in an aircraft of that type or an approved flight simulator for the purpose in the previous 90 days ; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of that type; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type; or (d) the holder is acting as a cruise relief flight engineer under the supervision of a flight engineer instructor. (3) Subregulation (4) applies if: (a) the holder of a cruise relief type rating passed the flight test for the rating in: (i) an aircraft model covered by the rating (the first variant); or (ii) an approved flight simulator for the first variant; and (b) differences training is required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating (the second variant). (4) The holder is authorised to exercise the privileges of the rating in the second variant only if: (a) within the previous 24 months, the holder has: (i) exercised the privileges of the rating in the second variant; or (ii) completed the differences training for the second variant; or (iii) completed a recurrent training course for the second variant; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in the second variant; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the second variant. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.845 Requirements for grant of cruise relief type ratings (1) This regulation applies to an applicant for a cruise relief type rating for an aircraft of a particular type if the applicant is not taken to meet the requirements for the grant of the rating under regulation 61.850. (2) The applicant must hold: (a) a commercial pilot licence, multi-crew pilot licence or air transport pilot licence; and (b) the aircraft category rating for the aircraft category that includes aircraft of that type; and (c) for a cruise relief flight engineer type rating for an aircraft type: (i) the cruise relief co-pilot type rating for the aircraft type; or (ii) the pilot type rating for the aircraft type. Note: Subregulation (2) is satisfied, in relation to a required licence or rating, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence or rating: see item 36 of Part 2 of the Dictionary. (3) The applicant must also have: (a) completed an approved course of training for the rating that includes: (i) at least one hour of flight training consisting of: (A) dual flight in an aircraft of that type; or (B) dual simulated flight in an approved flight simulator for the training; and (ii) theory and technical training; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the rating. Note 1: For the requirements for an approved course of training, see Division 61.B.2. Note 2: For the conduct of flight tests, see Division 61.B.4. (3A) If the applicant applies on or after 1 September 2015, the applicant must also have completed an approved course of training in multi-crew cooperation. (4) For paragraph (3)(a) and subregulation (3A), the approved course of training must be conducted by: (a) a Part 142 operator that is authorised under Part 142 to conduct the course; or (b) the holder of an approval under regulation 142.040 to conduct the training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.850 Person taken to meet requirements for grant of cruise relief type rating--new type rating A person is taken to meet the requirements for the grant of a cruise relief type rating (the new type rating) if: (a) the person holds a cruise relief type rating (the old type rating) covering 2 or more aircraft models that were, in accordance with a legislative instrument under regulation 61.055 (the old legislative instrument), variants of each other; and (b) as a result of a change to the legislative instrument, or the making of a new legislative instrument: (i) the models are no longer variants of each other; and (ii) one or more of the models is covered by the new type rating; and (c) one of the following applies: (i) the person passed the flight test for the old type rating in: (A) an aircraft model that is covered by the new type rating; or (B) an approved flight simulator for an aircraft model covered by the new type rating; (ii) differences training was not required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; (iii) both: (A) differences training was required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; and (B) the person has completed the differences training. Subpart 61.M --Instrument ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.855 Privileges of instrument ratings Subject to Subpart 61.E and regulations 61.860 to 61.880, the holder of an instrument rating is authorised to pilot an aircraft: (a) under the IFR; or (b) at night under the VFR. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.860 Limitations on exercise of privileges of instrument ratings--general (1) The holder of an instrument rating is authorised to conduct an instrument approach operation of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of operation. (2) The holder of an instrument rating is authorised to pilot an aircraft in a single-pilot operation under the IFR only if the holder has: (a) passed the flight test for the rating in a single-pilot aircraft; or (b) completed an instrument proficiency check in a single-pilot aircraft. (3) The holder of an instrument rating is authorised to conduct a circling approach under the IFR on a flight only if: (a) the holder passed the flight test for the rating within the previous 12 months, and the flight test included a circling approach; or (b) the holder's most recent instrument proficiency check included a circling approach; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes circling approaches; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (4) For paragraph (3)(b), an instrument proficiency check includes an operator proficiency check: (a) that covers IFR operations; and (b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement. (5) The holder of an instrument rating is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has: (a) completed training in the conduct of instrument approach operations using the procedure; and (b) demonstrated, to a person mentioned in subregulation (6), his or her competence in the conduct of instrument approach operations using the procedure. (6) For paragraph (5)(b), the persons are as follows: (a) CASA; (b) an examiner who is authorised to conduct an instrument approach operation using the same procedure; (c) a person who holds an approval under regulation 61.040 to assess the holder's competence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.865 Limitations on exercise of privileges of instrument ratings--endorsements (1) The holder of an instrument rating is authorised to pilot an aircraft mentioned in column 2 of an item in Part 1 of table 61.890 under the IFR, or at night under the VFR, only if the holder also holds the endorsement mentioned in column 1 of the item. (2) The holder of an instrument rating is authorised to conduct an instrument approach operation mentioned in column 2 of an item in Part 2 of table 61.890 only if the holder also holds the endorsement mentioned in column 1 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.870 Limitations on exercise of privileges of instrument ratings--recent experience: general (1) This regulation applies to the holder of an instrument rating subject to subregulation (1A). (1A) This regulation does not apply to the holder if: (a) the holder has successfully completed an operator proficiency check that covers IFR operations within the previous 3 months; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (2) The holder is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approach operations within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (3) The holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach operation within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose. (4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. (7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose. Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.875 Limitations on exercise of privileges of instrument ratings--recent experience: single pilot (1) The holder of an instrument rating is authorised to pilot an aircraft under the IFR in a single-pilot operation only if the holder has conducted a flight or simulated flight under the IFR in a single-pilot operation within the previous 6 months. (2) For subregulation (1), the flight or simulated flight must: (a) have a duration of at least one hour; and (b) include at least one instrument approach or simulated instrument approach. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.880 Limitations on exercise of privileges of instrument ratings--instrument proficiency check (1) The holder of an instrument rating is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has a valid instrument proficiency check for the aircraft category. (2) However: (a) the holder is authorised to exercise the privileges of the rating in a multi-engine aeroplane only if the holder has a valid instrument proficiency check for multi-engine aeroplanes; and (b) the holder is authorised to exercise the privileges of the rating in a multi-engine helicopter only if the holder has a valid instrument proficiency check for multi-engine helicopters. (3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi-engine aeroplanes or helicopters, during the following periods: (a) if the holder passes the flight test for the instrument rating in a relevant aircraft--the period from when the holder passes the flight test to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for an instrument endorsement in a relevant aircraft; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 12th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers IFR operations in the relevant aircraft, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an IFR operation in the relevant aircraft; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the relevant aircraft; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instrument proficiency check for the relevant aircraft--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (e) for the relevant aircraft (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the relevant aircraft; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for: (a) the aircraft category in which the holder attempted the failed check; or (b) multi-engine aircraft of the category in which the holder attempted the failed check. (4A) For subregulation (4), the failed check may be any of the following: (a) an instrument proficiency check for an aircraft category; (b) an instrument proficiency check for multi-engine aeroplanes or helicopters; (c) an instrument proficiency check for an aircraft type. (4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder's participation in an operator's training and checking system, the check is taken to be valid only for operations conducted by the operator. (5) For paragraphs (3)(e) and (f), the holder successfully completes an instrument proficiency check for the relevant aircraft if: (a) CASA or a flight examiner: (i) assesses the holder's competency to conduct operations under the IFR in a relevant aircraft as meeting the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check in the relevant aircraft; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8); or (b) a person mentioned in subregulation (7) assesses the holder as competent to conduct operations under the IFR in a relevant aircraft, and CASA or a flight examiner: (i) conducts an oral assessment of the holder's knowledge of IFR operation procedures to the standards mentioned in the Part 61 Manual of Standards for an instrument proficiency check; and (ii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check; and (iii) includes in the endorsement the matters mentioned in subregulation (8). (6) For paragraphs (3)(e) and (f), the instrument proficiency check must be conducted in a relevant aircraft or an approved flight simulation training device for the proficiency check. (7) For paragraph (5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check. (8) For subparagraphs (5)(a)(iii) and (b)(iii), the matters are: (a) the date on which the instrument proficiency check is conducted; and (b) the aircraft to which the instrument proficiency check relates. (9) In this regulation: " relevant aircraft ", for an instrument proficiency check, means: (a) if the instrument proficiency check is for an aircraft category--a single-engine or multi-engine aircraft of that category; or (b) if the instrument proficiency check is for multi-engine aeroplanes--a multi-engine aeroplane; or (c) if the instrument proficiency check is for multi-engine helicopters--a multi-engine helicopter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.885 Requirements for grant of instrument ratings (1) An applicant for an instrument rating must: (a) hold a private pilot licence, commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of: (i) at least one instrument endorsement mentioned in column 1 of an item in Part 1 of table 61.890; and (ii) at least one instrument endorsement mentioned in column 1 of an item in Part 2 of table 61.890. Note 1: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. Note 2: An application for a pilot licence mentioned in paragraph (a) and an instrument rating may be made at the same time: see subregulation 61.155(2). (2) The applicant must also have: (a) passed the aeronautical knowledge examination for the instrument rating; and (b) completed flight training for the instrument rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the instrument rating and the aircraft category rating associated with the applicant's pilot licence; and (d) met the aeronautical experience requirements mentioned in subregulation (5). Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) For paragraph (2)(b), the flight training must have been conducted in an aircraft of the same category as the aircraft in which, or the aircraft represented by the flight simulation training device in which, the flight test is conducted. (4) For paragraph (2)(c), the flight test must be conducted in an aircraft unless the applicant has previously held: (a) an instrument rating; or (b) an overseas rating that CASA is satisfied is equivalent to an instrument rating; or (c) a qualification issued by the Australian Defence Force that CASA is satisfied is equivalent to an instrument rating. (5) For paragraph (2)(d), the applicant must have aeronautical experience that includes: (a) at least 50 hours of cross-country flight time as pilot in command; and (b) at least 40 hours of instrument time, including: (i) at least 10 hours of dual instrument time; and (ii) either: (A) if subregulation (6) applies--at least 10 hours of instrument flight time; or (B) in any other case--at least 20 hours of instrument flight time. (6) This subregulation applies if any instrument ground time relied on by an applicant for paragraph (5)(b) is: (a) completed in an approved flight simulator for the purpose; and (b) supervised by a pilot instructor who holds an instrument rating training endorsement. (7) For subregulation (5), the cross-country flight time and instrument flight time must have been conducted in an aircraft of the same category as the aircraft in which, or the aircraft represented by the flight simulation training device in which, the flight test is conducted. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.887 Removal of instrument rating conditions about acting as pilot in command under IFR (1) This regulation applies to the holder of an instrument rating granted on the basis of regulation 202.272 or 202.274 if the rating is subject to the condition that the holder is not authorised to act as pilot in command under the IFR. (2) CASA must remove the condition, to the extent that it relates to a particular aircraft category or class, if: (a) the holder applies to CASA for the removal of the condition; and (b) the holder meets the requirements under this Part for the grant of: (i) an instrument rating; and (ii) an instrument endorsement that would authorise the holder to pilot an aircraft of that category or class under the IFR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.890 Kinds of instrument endorsement The kinds of instrument endorsement are set out in column 1 of table 61.890. Table 61.890 Instrument endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Aircraft category/class endorsements 1 Single-engine aeroplane instrument endorsement Pilot an aeroplane of the single-engine aeroplane class under the IFR or at night under the VFR Single-engine aeroplane class rating or type rating for a type of single-engine aeroplane At least 10 hours of dual instrument time in an aeroplane or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of an aeroplane or an approved flight simulation training device for the purpose, including at least one hour of dual flight and one hour of solo night circuits 2 Multi-engine aeroplane instrument endorsement Pilot an aeroplane under the IFR or at night under the VFR Multi-engine aeroplane class rating or type rating for a type of multi-engine aeroplane At least 10 hours of dual instrument time in a multi-engine aeroplane or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of an aeroplane or an approved flight simulation training device for the purpose, including at least one hour of dual flight and one hour of solo night circuits 3 Single-engine helicopter instrument endorsement Pilot a single-engine helicopter under the IFR or at night under the VFR Single-engine helicopter class rating or type rating for a type of single-engine helicopter At least 10 hours of dual instrument time in a helicopter or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of a helicopter or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits 4 Multi-engine helicopter instrument endorsement Pilot a helicopter under the IFR or at night under the VFR Type rating for a type of multi-engine helicopter At least 10 hours of dual instrument time in a multi-engine helicopter or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of a helicopter or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits 5 Powered-lift aircraft instrument endorsement Pilot a powered-lift aircraft under the IFR or at night under the VFR Type rating for a type of powered-lift aircraft At least 10 hours of dual instrument time in a powered-lift aircraft or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of a helicopter or powered-lift aircraft or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits 6 Gyroplane instrument endorsement Pilot a gyroplane under the IFR or at night under the VFR Gyroplane aircraft class rating or type rating for a type of gyroplane At least 10 hours of dual instrument flight time in a gyroplane At least 5 hours of aeronautical experience at night as pilot of a helicopter or gyroplane or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits 7 Airship instrument endorsement Pilot an airship under the IFR or at night under the VFR Airship class rating or type rating for a type of airship At least 10 hours of dual instrument time in an airship or an approved flight simulation training device for the purpose At least 5 hours of aeronautical experience at night as pilot of an airship or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits Part 2--Instrument approach endorsements 8 IAP 2D instrument endorsement Conduct a 2D instrument approach operation 9 IAP 3D instrument endorsement Conduct a 3D instrument approach operation IAP 2D instrument endorsement CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.895 Privileges of instrument endorsements Subject to Subpart 61.E, Division 61.M.1 and regulation 61.900, the holder of an endorsement mentioned in column 1 of an item in table 61.890 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.900 Limitations on exercise of privileges of instrument endorsements (1) The holder of an endorsement mentioned in column 1 of an item in Part 2 of table 61.890 is authorised to conduct an instrument approach operation in IMC using a navigation system of a particular kind only if the holder has previously conducted: (a) an instrument approach operation; or (b) a simulated instrument approach operation in a flight simulation training device; using a navigation system of that kind. (2) The holder of an IAP 3D instrument endorsement is authorised to conduct a 3D instrument approach operation only if: (a) the holder passed the flight test for the endorsement within the previous 24 months; or (b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. (3) For paragraph (2)(b), an instrument proficiency check includes an operator proficiency check: (a) that covers IFR operations; and (b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.905 Requirements for grant of instrument endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.890 must hold: (a) an instrument rating; and (b) the rating or endorsement (if any) mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required licence, rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence, rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement; and (b) met the aeronautical experience requirements (if any) mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Subpart 61.N --Private instrument ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.910 Privileges of private instrument ratings (1) Subject to Subpart 61.E and regulations 61.915 to 61.925, the holder of a private instrument rating is authorised to pilot an aircraft mentioned in subregulation (2) under the IFR in a private operation in Australian territory. (2) For subregulation (1), the aircraft: (a) must be certificated for single-pilot operation; and (b) must have a maximum certificated take-off weight of not more than 5 700 kg. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.915 Limitations on exercise of privileges of private instrument ratings--endorsements (1) The holder of a private instrument rating is authorised to pilot an aircraft mentioned in column 2 of an item in Part 1 of table 61.935 under the IFR only if the holder also holds the endorsement mentioned in column 1 of the item. (2) The holder of a private instrument rating is authorised to conduct an activity mentioned in column 2 of an item in Part 2, 3, 4 or 5 of table 61.935 only if the holder also holds the endorsement mentioned in column 1 of the item. (3) The holder of a private instrument rating is authorised to pilot an aircraft at night under the IFR only if the holder also holds a night private instrument endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.920 Limitations on exercise of privileges of private instrument ratings--recent experience (1) The holder of a private instrument rating is authorised to conduct an instrument approach as pilot in command of an aircraft in IMC only if the holder has conducted an instrument approach of the same kind: (a) within the previous 6 months; and (b) in an aircraft of the same category or an approved flight simulation training device for the purpose. (2) The holder of a private instrument rating is authorised to pilot an aircraft under the IFR as pilot in command only if the holder has piloted an aircraft under the IFR within the previous 6 months. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.925 Limitations on exercise of privileges of private instrument ratings--flight review (1) The holder of a private instrument rating is authorised to pilot an aircraft of a particular category, other than a multi-engine aeroplane or multi-engine helicopter, under the IFR only if the holder: (a) has successfully completed a flight review for the rating in an aircraft of the same category or an approved flight simulator for the flight review within the previous 24 months; or (b) has passed a flight test for the rating in an aircraft of the same category or an approved flight simulator for the flight test within the previous 24 months; or (c) has passed a flight test for the grant of a private instrument endorsement in an aircraft of the same category or an approved flight simulator for the flight test: (i) within the previous 24 months; but (ii) more than 6 months after passing the flight test for the rating; or (d) has successfully completed an instrument proficiency check in an aircraft of the same category within the previous 24 months. (2) The holder of a private instrument rating is authorised to pilot a multi-engine aeroplane under the IFR only if the holder: (a) has successfully completed a flight review for the rating in a multi-engine aeroplane or an approved flight simulator for the flight review within the previous 24 months; or (b) has passed a flight test for the rating in a multi-engine aeroplane or an approved flight simulator for the flight test within the previous 24 months; or (c) has passed a flight test for the grant of a private instrument endorsement in a multi-engine aeroplane or an approved flight simulator for the flight test: (i) within the previous 24 months; but (ii) more than 6 months after passing the flight test for the rating; or (d) has successfully completed an instrument proficiency check in a multi-engine aeroplane within the previous 24 months. (3) The holder of a private instrument rating is authorised to pilot a multi-engine helicopter under the IFR only if the holder: (a) has successfully completed a flight review for the rating in a multi-engine helicopter or an approved flight simulator for the flight review within the previous 24 months; or (b) has passed a flight test for the rating in a multi-engine helicopter or an approved flight simulator for the flight test within the previous 24 months; or (c) has passed a flight test for the grant of a private instrument endorsement in a multi-engine helicopter or an approved flight simulator for the flight test: (i) within the previous 24 months; but (ii) more than 6 months after passing the flight test for the rating; or (d) has successfully completed an instrument proficiency check in a multi-engine helicopter within the previous 24 months. Note: For general rules in relation to flight reviews, see regulation 61.400. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.930 Requirements for grant of private instrument ratings (1) An applicant for a private instrument rating must: (a) hold a private pilot licence or commercial pilot licence; and (b) meet the requirements for the grant of at least: (i) one endorsement mentioned in column 1 of an item in Part 1 of table 61.935; and (ii) one endorsement mentioned in column 1 of an item in Part 2 of table 61.935. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) passed: (i) the aeronautical knowledge examination for the instrument rating; or (ii) a private instrument rating aeronautical knowledge examination set and conducted by: (A) CASA; or (B) a Part 141 or 142 operator that is authorised to conduct training for the grant of an instrument rating; and (b) completed flight training for the private instrument rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the private instrument rating; and (d) completed at least 20 hours of instrument time, including at least 10 hours of dual instrument flight time. Note 1: For subparagraph (a)(i), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) The aeronautical experience required by paragraph (2)(d) must have been completed: (a) while receiving instrument training conducted by a flight instructor who holds an instrument rating training endorsement; or (b) while receiving training for a private pilot licence, commercial pilot licence or air transport pilot licence or a night VFR rating; or (c) as a member of the Australian Defence Force. (4) The holder of an instrument rating is taken to meet the requirements for the grant of a private instrument rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.935 Kinds of private instrument endorsement The kinds of private instrument endorsement are set out in column 1 of table 61.935. Table 61.935 Private instrument endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Aircraft category/class endorsements 1 Single-engine aeroplane private instrument endorsement Pilot an aeroplane of the single-engine aeroplane class under the IFR Single-engine aeroplane class rating At least 10 hours of dual instrument flight time in an aeroplane 2 Multi-engine aeroplane private instrument endorsement Pilot an aeroplane under the IFR Multi-engine aeroplane class rating At least 10 hours of dual instrument flight time in a multi-engine aeroplane 3 Single-engine helicopter private instrument endorsement Pilot a single-engine helicopter under the IFR Single-engine helicopter class rating At least 10 hours of dual instrument flight time in a helicopter 4 Multi-engine helicopter private instrument endorsement Pilot a helicopter under the IFR Multi-engine helicopter class rating or multi-engine helicopter type rating At least 10 hours of dual instrument flight time in a multi-engine helicopter 5 Powered-lift aircraft private instrument endorsement Pilot a powered-lift aircraft under the IFR Powered-lift aircraft category rating At least 10 hours of dual instrument flight time in a powered-lift aircraft 6 Gyroplane private instrument endorsement Pilot a gyroplane under the IFR Gyroplane category rating At least 10 hours of dual instrument flight time in a gyroplane 7 Airship private instrument endorsement Pilot an airship under the IFR Airship category rating At least 10 hours of dual instrument flight time in an airship Part 2--Navigation endorsements 8 Navigation - NDB private instrument endorsement Conduct en-route navigation, including holding, under the IFR using a non-directional beacon navigation system 9 Navigation - VOR/LLZ private instrument endorsement Conduct en-route navigation, including holding, under the IFR using a VHF omni-range/localiser navigation system 10 Navigation - GNSS private instrument endorsement Conduct en-route navigation, including holding, under the IFR using a global navigation satellite system Part 3--Departure endorsements 11 Departure - single-engine aircraft private instrument endorsement Conduct a take-off and departure, other than a standard instrument departure, under the IFR in a single-engine aircraft Any of the following: (a) single-engine aeroplane private instrument endorsement; (b) single-engine helicopter private instrument endorsement; (c) gyroplane private instrument endorsement 12 Departure - multi-engine aeroplane private instrument endorsement Conduct a take-off and departure, other than a standard instrument departure, under the IFR in a multi-engine aeroplane Multi-engine aeroplane private instrument endorsement 13 Departure - multi-engine helicopter private instrument endorsement Conduct a take-off and departure, other than a standard instrument departure, under the IFR in a multi-engine helicopter Multi-engine helicopter private instrument endorsement 14 Departure - powered-lift aircraft private instrument endorsement Conduct a take-off and departure, other than a standard instrument departure, under the IFR in a powered-lift aircraft Powered-lift aircraft private instrument endorsement 15 Departure - airship private instrument endorsement Conduct a take-off and departure, other than a standard instrument departure, under the IFR in an airship Airship private instrument endorsement 16 Standard instrument departure private instrument endorsement Conduct a take-off and departure, including a standard instrument departure, under the IFR Any of the endorsements mentioned in items 11 to 15 Part 4--Approach/arrival endorsements 17 STAR private instrument endorsement Conduct an arrival under the IFR using a procedure published in the AIP and a navigation system for which the pilot holds an endorsement mentioned in column 1 of an item in Part 2 of this table 18 Approach - NDB private instrument endorsement Conduct an instrument approach operation under the IFR using a non-directional beacon navigation system 19 Approach - VOR/LLZ private instrument endorsement Conduct an instrument approach operation under the IFR using a VHF omni-range/localiser navigation system 20 Approach - DME or GNSS arrival procedure private instrument endorsement Conduct an instrument approach operation under the IFR using distance measuring equipment or a global navigation satellite system 21 Approach - RNP APCH-2D private instrument endorsement Conduct a required navigational performance instrument approach operation without vertical guidance using: (a) a global navigation satellite system; or (b) another kind of area navigation-based system Navigation - GNSS private instrument endorsement 22 Approach - RNP APCH-3D private instrument endorsement Conduct a required navigational performance instrument approach operation using barometric-aided vertical guidance Navigation - GNSS private instrument endorsement Approach - RNP APCH-2D private instrument endorsement 23 Approach - ILS private instrument endorsement Conduct an instrument approach operation, using: (a) an instrument landing system; or (b) a microwave landing system; or (c) a global navigation satellite system with ground-based augmentation Part 5--Approach/arrival endorsements--category specific 24 Approach and landing - multi-engine aeroplane private instrument endorsement Conduct an instrument approach operation under the IFR in a multi-engine aeroplane using a navigation system for which the pilot holds an instrument approach endorsement Multi-engine aeroplane private instrument endorsement Any of the endorsements mentioned in items 18 to 23 25 Approach and landing - multi-engine helicopter private instrument endorsement Conduct an instrument approach operation under the IFR in a multi-engine helicopter using a navigation system for which the pilot holds an instrument approach endorsement Multi-engine helicopter private instrument endorsement Any of the endorsements mentioned in items 18 to 23 Part 6--Night endorsement 26 Night private instrument endorsement (category specific) Pilot an aircraft of the specified category under the IFR at night At least 10 hours of aeronautical experience at night in an aircraft or an approved flight simulation training device for the purpose, including at least: (a) 3 hours of dual cross-country flight time at night; and (b) 5 hours of flight time at night in an aircraft of the same category; and (c) 1 hour of solo night circuits CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.940 Privileges of private instrument endorsements (1) Subject to Subpart 61.E, Division 61.N.1 and regulations 61.942 and 61.945, the holder of an endorsement mentioned in column 1 of an item in table 61.935 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. (2) For each endorsement mentioned in column 1 of an item in Part 3 of table 61.935, the privileges include conducting, under the IFR, a climb to the published lowest safe altitude for the first route segment of the flight. Note: For the definition of published lowest safe altitude, see regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.942 Limitations on exercise of privileges of private instrument endorsements--visibility and cloud The holder of an endorsement mentioned in column 1 of an item in Part 1, 2 or 6 of table 61.935 is authorised to conduct the activity authorised in column 2 of the item below the published lowest safe altitude only if: (a) visibility is at least 5 000 m; and (b) the aircraft is clear of cloud. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.945 Limitations on exercise of privileges of private instrument endorsements (1) The holder of an endorsement mentioned in column 1 of an item in Part 2 of table 61.935 is authorised to conduct an instrument approach operation in IMC using a navigation system of a particular kind only if the holder has previously conducted: (a) an instrument approach operation in an aircraft; or (b) a simulated instrument approach operation in a flight simulation training device; using a navigation system of that kind. (2) The holder of an endorsement mentioned in column 1 of an item in Part 4 of table 61.935 is authorised to conduct an instrument approach operation under the IFR in a multi-engine aeroplane only if the holder also holds an approach and landing - multi-engine aeroplane private instrument endorsement. (3) The holder of an endorsement mentioned in column 1 of an item in Part 4 of table 61.935 is authorised to conduct an instrument approach operation under the IFR in a multi-engine helicopter only if the holder also holds an approach and landing - multi-engine helicopter private instrument endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.950 Requirements for grant of private instrument endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.935 must hold: (a) a private instrument rating; and (b) each rating or endorsement (if any) mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement; and (b) met the aeronautical experience requirements (if any) mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) A person who holds a private instrument rating and an instrument endorsement is taken to meet the requirements for the grant of the private instrument endorsement (if any) that is equivalent to the instrument endorsement. Subpart 61.O --Night VFR ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.955 Privileges of night VFR ratings Subject to Subpart 61.E and regulations 61.960 to 61.970, the holder of a pilot licence and a night VFR rating is authorised to pilot an aircraft at night under the VFR other than in: (a) an operation using a night vision imaging system; or (b) a night aerial application operation below 500 ft AGL. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.960 Limitations on exercise of privileges of night VFR ratings--endorsements The holder of a night VFR rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.980 only if the holder also holds the endorsement mentioned in column 1 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.965 Limitations on exercise of privileges of night VFR ratings--recent experience The holder of a night VFR rating is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has, within the previous 6 months: (a) conducted: (i) at least one night take-off; and (ii) at least one night landing; in an aircraft of that category while controlling the aircraft; or (b) been assessed as competent to conduct a flight at night in an aircraft of that category by a flight instructor who holds a night VFR training endorsement. Note: See also regulation 61.395 for recent experience requirements for certain flight activities involving the carriage of passengers. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.970 Limitations on exercise of privileges of night VFR ratings--flight review (1) The holder of a night VFR rating is authorised to pilot an aircraft of a particular category, other than a multi-engine aeroplane, at night under the VFR only if: (a) the holder has successfully completed a flight review for the rating in an aircraft of the same category or an approved flight simulator for the flight review within the previous 24 months; or (b) the holder has passed a flight test for the rating in an aircraft of the same category or an approved flight simulator for the flight test within the previous 24 months; or (c) the holder has passed a flight test for the grant of a night VFR endorsement in an aircraft of the same category or an approved flight simulator for the flight test: (i) within the previous 24 months; but (ii) more than 6 months after passing the flight test for the rating; or (d) the holder has successfully completed an operator proficiency check that covers night VFR operations in an aircraft of the same category within the previous 24 months; or (e) both: (i) the holder has, within the previous 24 months, successfully participated in an operator's training and checking system for an operation at night in an aircraft of the same category; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category. (2) The holder of a night VFR rating is authorised to pilot a multi-engine aeroplane at night under the VFR only if: (a) the holder has successfully completed a flight review for the rating in a multi-engine aeroplane or an approved flight simulator for the flight review within the previous 24 months; or (b) the holder has passed a flight test for the rating in a multi-engine aeroplane or an approved flight simulator for the flight test within the previous 24 months; or (c) the holder has passed a flight test for the grant of a night VFR endorsement in a multi-engine aeroplane or an approved flight simulator for the flight test: (i) within the previous 24 months; but (ii) more than 6 months after passing the flight test for the rating; or (d) the holder has successfully completed an operator proficiency check that covers night VFR operations in a multi-engine aeroplane within the previous 24 months; or (e) both: (i) the holder has, within the previous 24 months, successfully participated in an operator's training and checking system for an operation at night in a multi-engine aeroplane; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. Note: For general rules in relation to flight reviews, see regulation 61.400. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.975 Requirements for grant of night VFR ratings (1) An applicant for a night VFR rating must: (a) hold a private pilot licence, commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one endorsement mentioned in column 1 of an item in table 61.980. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) as a pilot, at least 10 hours of aeronautical experience at night in an aircraft or an approved flight simulation training device for the purpose, including at least 5 hours of dual cross-country flight time at night under the VFR in an aircraft; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the night VFR rating. Note 1: For paragraph (a), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 2: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (3) The dual cross-country flight time required by paragraph (2)(a) must comprise at least 2 flights, each of which must include at least one landing at an aerodrome, other than the aerodrome from which the flight began, that is remote from extensive ground lighting. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.980 Kinds of night VFR endorsement The kinds of night VFR endorsement are set out in column 1 of table 61.980. Table 61.980 Night VFR endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements 1 Single-engine aeroplane night VFR endorsement Pilot an aeroplane of the single-engine aeroplane class at night under the VFR At least 5 hours of aeronautical experience at night as pilot of an aeroplane or an approved flight simulation training device for the purpose, including at least one hour of dual flight and one hour of solo night circuits At least 3 hours of dual instrument time 2 Multi-engine aeroplane night VFR endorsement Pilot an aeroplane at night under the VFR At least 5 hours of aeronautical experience at night as pilot of a multi-engine aeroplane or an approved flight simulation training device for the purpose, including at least one hour of dual flight and one hour of solo night circuits At least 3 hours of dual instrument time 3 Helicopter night VFR endorsement Pilot a helicopter at night under the VFR At least 5 hours of aeronautical experience at night as pilot of a helicopter or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits At least 3 hours of dual instrument time in a helicopter or approved flight simulation training device for the purpose 4 Powered-lift aircraft night VFR endorsement Pilot a powered-lift aircraft at night under the VFR At least 5 hours of aeronautical experience at night as pilot of a helicopter or powered-lift aircraft or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits At least 3 hours of dual instrument time 5 Gyroplane night VFR endorsement Pilot a gyroplane at night under the VFR At least 5 hours of aeronautical experience at night as pilot of a helicopter or gyroplane or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits At least 3 hours of dual instrument time 6 Airship night VFR endorsement Pilot an airship at night under the VFR At least 5 hours of aeronautical experience at night as pilot of an airship or an approved flight simulation training device for the purpose, including at least 3 hours of dual flight and one hour of solo night circuits CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.985 Privileges of night VFR endorsements Subject to Subpart 61.E and Division 61.O.1, the holder of an endorsement mentioned in column 1 of an item in table 61.980 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.990 Requirements for grant of night VFR endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.980 must hold a night VFR rating. Note: Subregulation (1) is satisfied, in relation to a required licence, rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence, rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement; and (b) met the aeronautical experience requirements mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Subpart 61.P --Night vision imaging system ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.995 Privileges of night vision imaging system ratings Subject to Subpart 61.E and regulations 61.1000 to 61.1015, the holder of a pilot licence and a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1000 Limitations on exercise of privileges of night vision imaging system ratings--general (1) The holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if the holder has completed an operator proficiency check that covers operations at night using night vision goggles in a helicopter of the same type. (2) The holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if the helicopter is equipped for operations using night vision goggles. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1005 Limitations on exercise of privileges of night vision imaging system ratings--endorsements The holder of a night vision imaging system rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1025 only if the holder also holds the endorsement mentioned in column 1 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1010 Limitations on exercise of privileges of night vision imaging system ratings--recent experience The holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if: (a) the holder has: (i) completed at least 3 hours of flight time at night under the VFR using night vision goggles within the previous 6 months; and (ii) conducted at least 3 take-offs and at least 3 landings at night using night vision goggles within the previous 6 months; or (b) the holder has passed the flight test for the night vision imaging system rating within the previous 6 months; or (c) the holder has successfully completed an operator proficiency check that covers operations at night using night vision goggles within the previous 6 months; or (d) both: (i) the holder is successfully participating in an operator's training and checking system for an operation at night using night vision goggles; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1015 Limitations on exercise of privileges of night vision imaging system ratings--night vision imaging system proficiency check (1) The holder of a night vision imaging system rating is authorised to exercise the privileges of the rating only if the holder has a valid night vision imaging system proficiency check. (2) For subregulation (1), the holder is taken to have a valid night vision imaging system proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a night vision imaging system endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 12th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers operations under the rating and that is conducted by a flight examiner who holds an night vision imaging system rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an operation under the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes a night vision imaging system proficiency check--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid night vision imaging system proficiency check under any of paragraphs (a) to (e) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes a night vision imaging system proficiency check; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, a night vision imaging system proficiency check, the holder is no longer taken to have a valid night vision imaging system proficiency check. (4) For paragraphs (2)(e) and (f), the holder successfully completes a night vision imaging system proficiency check if: (a) the night vision imaging system proficiency check is conducted in a helicopter or an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to pilot a helicopter using a night vision imaging system as meeting the standards mentioned in the Part 61 Manual of Standards for each night vision imaging system endorsement that the holder holds; and (c) the person endorses the holder's licence document to the effect that the holder has completed the night vision imaging system proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) a flight examiner; (c) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1020 Requirements for grant of night vision imaging system ratings An applicant for a night vision imaging system rating must: (a) hold a commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one night vision imaging system endorsement. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1025 Kinds of night vision imaging system endorsement The kinds of night vision imaging system endorsement are set out in column 1 of table 61.1025. Table 61.1025 Night vision imaging system endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements 1 Grade 1 night vision imaging system endorsement Pilot a helicopter using night vision goggles Helicopter category rating Helicopter night VFR endorsement Single-engine helicopter instrument endorsement or multi-engine helicopter instrument endorsement At least 250 hours of flight time in a helicopter At least 5 hours of dual flight using night vision goggles in a helicopter At least 20 hours of flight time at night as pilot in command of a helicopter At least 20 hours of instrument time including 5 hours of dual instrument flight time in a helicopter 2 Grade 2 night vision imaging system endorsement Pilot a helicopter using night vision goggles, other than during an IFR flight Helicopter category rating Helicopter night VFR endorsement At least 250 hours of flight time in a helicopter At least 5 hours of dual flight using night vision goggles in a helicopter At least 20 hours of flight time at night as pilot in command of a helicopter At least 20 hours of instrument time including 5 hours of dual instrument flight time in a helicopter CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1030 Privileges of night vision imaging system endorsements Subject to Subpart 61.E and Division 61.P.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1025 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1035 Requirements for grant of night vision imaging system endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.1025 must hold: (a) a night vision imaging system rating; and (b) each rating or endorsement mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement, including the training (if any) mentioned in column 3 of the item, in accordance with subregulation (3); and (b) met the aeronautical experience requirements mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement; and (d) before starting the 5 hours of dual flight using night vision goggles mentioned in column 3 of the item--complied with subregulation (4). Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) For paragraph (2)(a), the flight training must be conducted by a Part 141 or 142 operator. (4) For paragraph (2)(d), the applicant must: (a) hold: (i) a commercial pilot licence or air transport pilot licence; and (ii) each rating or endorsement mentioned in column 3 of the item; and (iii) the class or type rating that covers the helicopter in which the training is to take place; and (iv) each flight activity endorsement that covers an activity (if any) that is to be covered by the training; and (b) have completed: (i) the 250 hours of flight time mentioned in column 3 of the item; and (ii) at least 10 hours of the flight time at night mentioned in column 3 of the item. Subpart 61.Q --Low-level ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1040 Privileges of low-level ratings Subject to Subpart 61.E and regulations 61.1045 to 61.1060, the holder of a pilot licence with a low-level rating is authorised to conduct low-level operations. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1045 Limitations on exercise of privileges of low-level ratings--general The holder of a low-level rating is authorised to conduct a low-level operation in an area only if, before conducting the operation, the holder conducts a risk assessment of the area. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1050 Limitations on exercise of privileges of low-level ratings--endorsements The holder of a low-level rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1075 in the exercise of the privileges of the rating only if the holder also holds the endorsement mentioned in column 1 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1055 Limitations on exercise of privileges of low-level ratings--recent experience (1) The holder of a low-level rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 6 months: (a) completed at least 2 hours of low-level operations; or (b) been assessed as competent to conduct low-level operations by a flight instructor who holds a low-level training endorsement. (2) The holder is taken to meet the requirements of subregulation (1) if the holder: (a) has successfully completed an operator proficiency check in low-level operations within the previous 6 months; or (b) has successfully completed a flight review for the rating within the previous 6 months. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1060 Limitations on exercise of privileges of low-level ratings--flight review (1) The holder of a low-level rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 12 months, successfully completed a flight review for the rating. (2) The holder is taken to meet the requirements of subregulation (1) if: (a) the holder has passed a flight test for the rating within the previous 12 months; or (b) the holder has passed a flight test for the grant of a low-level endorsement: (i) within the previous 12 months; but (ii) more than 6 months after passing the flight test for the rating; or (c) the holder has successfully completed an aerial application proficiency check under regulation 61.1110 within the previous 12 months; or (d) the holder has successfully completed an operator proficiency check that covers: (i) operations under the rating; or (ii) operations under the aerial application rating; within the previous 12 months; or (e) both: (i) the holder is successfully participating in an operator's training and checking system for an operation under the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation. Note: For general rules in relation to flight reviews, see regulation 61.400. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1070 Requirements for grant of low-level ratings (1) An applicant for a low-level rating must: (a) hold a private pilot licence, commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one endorsement mentioned in Part 1 of table 61.1075; and (c) have passed the flight test mentioned in the Part 61 Manual of Standards for the low-level rating. Note 1: For paragraph (a), paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. Note 2: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (2) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft. (3) The holder of an aerial application rating is taken to meet the requirements for the grant of, and to have applied for, a low-level rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1075 Kinds of low-level endorsement The kinds of low-level endorsement are set out in column 1 of table 61.1075. Table 61.1075 Low-level endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--General 1 Aeroplane low-level endorsement Conduct a low-level operation in an aeroplane, other than an operation mentioned in Part 2 of this table Aeroplane category rating At least 5 hours of dual flight in an aeroplane while receiving training in low-level operations 2 Helicopter low-level endorsement Conduct a low-level operation in a helicopter, other than an operation mentioned in Part 2 of this table Helicopter category rating At least 5 hours of dual flight in a helicopter while receiving training in low-level operations 3 Powered-lift aircraft low-level endorsement Conduct a low-level operation in a powered-lift aircraft, other than an operation mentioned in Part 2 of this table Powered-lift aircraft category rating At least 5 hours of dual flight in a powered-lift aircraft while receiving training in low-level operations 4 Gyroplane low-level endorsement Conduct a low-level operation in a gyroplane, other than an operation mentioned in Part 2 of this table Gyroplane category rating At least 5 hours of dual flight in a gyroplane while receiving training in low-level operations Part 2--Specific low-level activities 5 Aerial mustering - aeroplane endorsement Conduct an aerial mustering operation in an aeroplane Aeroplane category rating Aeroplane low-level endorsement At least 5 hours of dual flight while receiving training in aerial mustering in an aeroplane 6 Aerial mustering -helicopter endorsement Conduct an aerial mustering operation in a helicopter Helicopter category rating Helicopter low-level endorsement At least 5 hours of dual flight while receiving training in aerial mustering in a helicopter 7 Aerial mustering - gyroplane endorsement Conduct an aerial mustering operation in a gyroplane Gyroplane category rating At least 5 hours of dual flight while receiving training in aerial mustering in a gyroplane 8 Sling operations endorsement Conduct a sling load operation in a helicopter Private pilot licence, commercial pilot licence or air transport pilot licence with helicopter category rating 9 Winch and rappelling operations endorsement Conduct a winch or rappelling operation in a helicopter Commercial pilot licence or air transport pilot licence with helicopter category rating CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1080 Privileges of low-level endorsements Subject to Subpart 61.E and Division 61.Q.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1075 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1085 Requirements for grant of low-level endorsements (1) An applicant for an endorsement mentioned in column 1 of an item of table 61.1075 must hold: (a) a low-level rating; and (b) each licence, rating or endorsement (if any) mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement; and (b) met the aeronautical experience requirements (if any) mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) For paragraph (2)(b), any aeronautical experience relied on for the grant of an endorsement mentioned in column 1 of an item in Part 1 of table 61.1075 cannot be counted towards the requirements for the grant of an endorsement mentioned in column 1 of an item in Part 2 of that table. (4) A person who holds a low-level rating and an aerial application endorsement for an aircraft category is taken to meet the requirements for the grant of the endorsement mentioned in column 1 of an item in Part 1 of table 61.1075 for that aircraft category. Subpart 61.R --Aerial application ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1090 Privileges of aerial application ratings Subject to Subpart 61.E and regulations 61.1100 to 61.1110, the holder of a pilot licence with an aerial application rating is authorised to conduct aerial application operations below 500 ft AGL. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1100 Limitations on exercise of privileges of aerial application ratings--endorsements The holder of an aerial application rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1120 in the exercise of the privileges of the rating only if the holder also holds the endorsement mentioned in column 1 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1105 Limitations on exercise of privileges of aerial application ratings--recent experience (1) The holder of an aerial application rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 12 months, completed at least 50 hours of aerial application operations below 500 ft AGL. (2) The holder is taken to meet the requirements of subregulation (1) if the holder: (a) has successfully completed an operator proficiency check in aerial application operations below 500 ft AGL within the 12 months before the month in which the exercise of the privileges occurs; or (b) has successfully completed an aerial application proficiency check within the previous 12 months. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1110 Limitations on exercise of privileges of aerial application ratings--aerial application proficiency check (1) The holder of an aerial application rating is authorised to exercise the privileges of the rating only if the holder has a valid aerial application proficiency check. (2) For subregulation (1), the holder is taken to have a valid aerial application proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for an aerial application endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 12th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers operations under the rating, and that is conducted by a flight examiner who holds an aerial application rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (d) if the holder successfully completes an aerial application proficiency check--the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check; (e) if: (i) the holder is taken to have a valid aerial application proficiency check under any of paragraphs (a) to (d) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an aerial application proficiency check; the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an aerial application proficiency check, the holder is no longer taken to have a valid aerial application proficiency check. (4) For paragraphs (2)(d) and (e), the holder successfully completes an aerial application proficiency check if: (a) the aerial application proficiency check is conducted in an aircraft; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct aerial application operations below 500 ft AGL as meeting the standards mentioned in the Part 61 Manual of Standards for an aerial application proficiency check; and (c) the person endorses the holder's licence document to the effect that the holder has completed the aerial application proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) a flight examiner; (c) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1115 Requirements for grant of aerial application ratings (1) An applicant for an aerial application rating must: (a) hold a commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one endorsement mentioned in Part 1 or 2 of table 61.1120; and (c) have passed the flight test mentioned in the Part 61 Manual of Standards for the aerial application rating. Note 1: For paragraph (a), paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. Note 2: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (2) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1120 Kinds of aerial application endorsement The kinds of aerial application endorsement are set out in column 1 of table 61.1120. Table 61.1120 Aerial application endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Day aerial application endorsements 1 Aeroplane aerial application endorsement Pilot an aeroplane conducting an aerial application operation, other than a firefighting operation, below 500 ft AGL by day Pilot an aeroplane conducting a low-level operation Aeroplane category rating At least 200 hours of flight time as pilot of an aeroplane At least 5 hours of dual flight in an aeroplane while receiving training in low-level operations At least 25 hours of dual flight in an aeroplane while receiving training in aerial application operations At least 5 hours of solo flight in an aeroplane while receiving training in aerial application operations 2 Helicopter aerial application endorsement Pilot a helicopter conducting an aerial application operation, other than a firefighting operation, below 500 ft AGL by day Pilot a helicopter conducting a low-level operation Helicopter category rating At least 200 hours of flight time as pilot of a helicopter At least 5 hours of dual flight in a helicopter while receiving training in low-level operations At least 15 hours of dual flight in a helicopter while receiving training in aerial application operations 3 Gyroplane aerial application endorsement Pilot a gyroplane conducting an aerial application operation, other than a firefighting operation, below 500 ft AGL by day Pilot a gyroplane conducting a low-level operation Gyroplane category rating At least 200 hours of flight time as pilot of a gyroplane At least 5 hours of dual flight in a gyroplane while receiving training in low-level operations At least 25 hours of dual flight in a gyroplane while receiving training in aerial application operations At least 5 hours of solo flight in a gyroplane while receiving training in aerial application operations Part 2--Firefighting endorsements 4 Aeroplane firefighting endorsement Pilot an aeroplane conducting a firefighting operation below 500 ft AGL Pilot an aeroplane conducting a low-level operation Aeroplane category rating At least 200 hours of flight time as pilot of an aeroplane At least 5 hours of dual flight in an aeroplane while receiving training in low-level operations At least 5 hours of dual flight in an aeroplane while receiving training in firefighting operations 5 Helicopter firefighting endorsement Pilot a helicopter conducting a firefighting operation below 500 ft AGL Pilot a helicopter conducting a low-level operation Helicopter category rating At least 200 hours of flight time as pilot of a helicopter At least 5 hours of dual flight in a helicopter while receiving training in low-level operations At least 5 hours of dual flight in a helicopter while receiving training in firefighting operations Part 3--Night aerial application endorsements 6 Night aeroplane aerial application endorsement Pilot an aeroplane conducting an aerial application operation below 500 ft AGL under the VFR at night Pilot an aeroplane under the VFR during a night circuit Pilot an aeroplane under the VFR at night on a flight between the aerodrome at which the flight begins or ends and the area in which the aerial application operation is to take place Aeroplane aerial application endorsement At least 750 hours of flight time as pilot in command of an aeroplane conducting aerial application operations below 500 ft AGL At least 3 hours of instrument flight time At least 2 hours of solo night circuits At least 2 hours of dual flight while receiving training in night aerial application operations At least 3 hours of solo flight while receiving training in night aerial application operations 7 Night helicopter aerial application endorsement Pilot a helicopter conducting an aerial application operation below 500 ft AGL under the VFR at night Pilot a helicopter under the VFR during a night circuit Pilot a helicopter under the VFR at night on a flight between the aerodrome at which the flight begins or ends and the area in which the aerial application operation is to take place Helicopter aerial application endorsement At least 750 hours of flight time as pilot in command of a helicopter conducting aerial application operations below 500 ft AGL At least 3 hours of instrument flight time At least 2 hours of solo night circuits At least 2 hours of dual flight while receiving training in night aerial application operations At least 3 hours of solo flight while receiving training in night aerial application operations 8 Night gyroplane aerial application endorsement Pilot a gyroplane conducting an aerial application operation below 500 ft AGL under the VFR at night Pilot a gyroplane under the VFR during a night circuit Gyroplane aerial application endorsement At least 750 hours of flight time as pilot in command of a gyroplane conducting aerial application operations below 500 ft AGL At least 3 hours of instrument flight time At least 2 hours of solo night circuits Pilot a gyroplane under the VFR at night on a flight between the aerodrome at which the flight begins or ends and the area in which the aerial application operation is to take place At least 2 hours of dual flight while receiving training in night aerial application operations At least 3 hours of solo flight while training in night aerial application operations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1125 Privileges of aerial application endorsements Subject to Subpart 61.E, Division 61.R.1 and regulations 61.1130 and 61.1135, the holder of an endorsement mentioned in column 1 of an item in table 61.1120 is authorised to conduct each activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1130 Limitations on exercise of privileges of aerial application endorsements--supervision (1) The holder of an endorsement mentioned in column 1 of an item in Part 1 or 3 of table 61.1120 is authorised to exercise the privileges of the endorsement in an operation only if: (a) the holder has previously conducted at least 110 hours of aerial application operations below 500 ft AGL; or (b) the operation is conducted in accordance with subregulation (2) under the supervision of: (i) the head of flying operations of the operator of the aircraft in which the operation is conducted; or (ii) a flight examiner who holds an aerial application rating flight test endorsement; or (iii) the holder of an approval under regulation 61.040 to supervise the operation. (2) For paragraph (1)(b), the supervision must be: (a) direct supervision for the first 10 hours; and (b) direct or indirect supervision for the next 100 hours. (3) In this regulation: " direct supervision ", of a pilot conducting a flight, means doing the following: (a) performing the tasks involved in indirect supervision of the pilot; (b) being present and able to monitor and assess the safety of the flight and communicate directly with the pilot; (c) selecting and planning the area in which the flight is conducted; (d) authorising the pilot to conduct the flight; (e) providing direction to ensure the safety of the flight. " indirect supervision ", of a pilot conducting a flight, means doing the following: (a) conducting frequent surveillance of the performance of the pilot; (b) periodically reviewing the performance of the pilot in the planning and conduct of the flight; (c) providing feedback on the performance of the pilot; (d) knowing the pilot's area of operations; (e) acting as a mentor to the pilot. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1135 Limitations on exercise of privileges of night aerial application endorsements The holder of a night aerial application endorsement is authorised to exercise the privileges of the endorsement in an aircraft of a type covered by the endorsement only if, within the previous 45 days: (a) the holder has conducted a night aerial application operation below 500 ft AGL that includes a take-off and landing at night; or (b) the holder has, in an aircraft of the same type or an approved simulated training device for the purpose: (i) completed a flight of at least 1 hour's duration that commenced no later than 20 minutes before night; and (ii) practised the necessary manoeuvres involved in the operation in an unladen aircraft at night or in the simulated training device; and (iii) conducted at least 3 take-offs and 3 landings at night. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1140 Requirements for grant of aerial application endorsements (1) An applicant for an aerial application endorsement mentioned in column 1 of an item of table 61.1120 must hold: (a) an aerial application rating; and (b) the rating or endorsement mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed flight training for the endorsement; and (b) met the aeronautical experience requirements mentioned in column 3 of the item; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement; and (d) for an endorsement mentioned in column 1 of an item in Part 1 or 2 of table 61.1120: (i) met the requirements for the grant of the low-level endorsement for an aircraft of the relevant category; and (ii) passed the aeronautical knowledge examination for the endorsement. Note 1: For paragraph (a), for the requirements for flight training, see Division 61.B.2. Note 2: For paragraph (b), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For subparagraph (d)(ii), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Subpart 61.S --Flight activity endorsements CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1145 Kinds of flight activity endorsement The kinds of flight activity endorsement are set out in column 1 of table 61.1145. Table 61.1145 Flight activity endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements 1 Aerobatics flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane above 3 000 ft AGL Aeroplane category rating Spinning flight activity endorsement 2 Aerobatics (1 500) flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane above 1 500 ft AGL Aeroplane category rating Aerobatics flight activity endorsement 3 Aerobatics (1 000) flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane above 1 000 ft AGL Aeroplane category rating Aerobatics (1 500) flight activity endorsement 4 Aerobatics (500) flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane above 500 ft AGL Aeroplane category rating Aerobatics (1 000) flight activity endorsement 5 Aerobatics (unlimited) flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane at any height Aeroplane category rating Aerobatics (500) flight activity endorsement 6 Formation flying (aeroplane) flight activity endorsement Conduct formation flying in an aeroplane Aeroplane category rating 7 Formation aerobatics flight activity endorsement Conduct aerobatic manoeuvres in an aeroplane while flying in formation Aeroplane category rating Aerobatics flight activity endorsement Formation flying (aeroplane) flight activity endorsement 8 Spinning flight activity endorsement Conduct intentional upright spinning manoeuvres above 3 000 ft AGL Aeroplane category rating 9 Formation flying (helicopter) flight activity endorsement Conduct formation flying in a helicopter Helicopter category rating CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1150 Privileges of flight activity endorsements Subject to Subpart 61.E and regulation 61.1155, the holder of an endorsement mentioned in column 1 of an item in table 61.1145 is authorised to conduct the activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1155 Limitations on exercise of privileges of flight activity endorsements--medical certificates (1) This regulation applies to the holder of any of the following endorsements: (a) an aerobatics flight activity endorsement; (b) an aerobatics (1 500) flight activity endorsement; (c) an aerobatics (500) flight activity endorsement; (d) an aerobatics (unlimited) flight activity endorsement; (e) a formation aerobatics flight activity endorsement; (f) a spinning flight activity endorsement. (2) The holder is authorised to conduct an aerobatic or spinning manoeuvre only if the holder: (a) holds a current class 1 or 2 medical certificate; or (b) is accompanied by another pilot who: (i) holds a current class 1 or 2 medical certificate; and (ii) occupies a flight control seat in the aircraft; and (iii) is authorised, under this Part, to conduct the manoeuvre. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1160 Requirements for grant of flight activity endorsements An applicant for an endorsement mentioned in column 1 of an item in table 61.1145 must: (a) hold each rating or endorsement (if any) mentioned in column 3 of the item; and (b) have completed flight training for the endorsement. Note 1: For paragraph (a), paragraph (a) is satisfied, in relation to a required licence, rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the licence, rating or endorsement: see item 36 of Part 2 of the Dictionary. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Subpart 61.T --Pilot instructor ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1165 Privileges of flight instructor ratings Subject to Subpart 61.E and regulations 61.1170 to 61.1180, a flight instructor is authorised: (a) to conduct flight training for: (i) pilot licences; and (ii) ratings on pilot licences, other than: (A) cruise relief flight engineer type ratings; and (B) flight examiner ratings; and (iii) endorsements on pilot licences, other than flight examiner endorsements; and (b) to grant endorsements to holders of pilot licences, other than: (i) flight examiner endorsements; and (ii) training endorsements mentioned in Part 1 or 2 of table 61.1235; and (iii) endorsements for which a flight test is required; and (c) to conduct training in multi-crew cooperation; and (d) to conduct differences training for variants of type ratings; and (e) to conduct training to meet the general competency requirement in regulation 61.385; and (f) to conduct flight reviews required by this Part for ratings on pilot licences, other than: (i) flight examiner ratings; and (ii) cruise relief flight engineer type ratings; and (g) under Subdivision 61.A.3.1 (Student pilots), to approve a person to pilot an aircraft, including for a solo flight; and (h) to conduct dual flight checks for a student pilot; and (i) to approve a person mentioned in regulation 61.125 (Conducting flight activities without rating or endorsement) to pilot an aircraft for the purpose of receiving flight training; and (j) to approve a person mentioned in regulation 61.120 to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and (k) to assess the standard of knowledge of an applicant for a pilot licence, or a rating on a pilot licence, in any items mentioned in the applicant's knowledge deficiency report. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1170 Limitations on exercise of privileges of flight instructor ratings--general (1) The holder of a flight instructor rating is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has: (a) completed the aeronautical experience; and (b) passed the flight test; required under regulation 61.1185 for the grant of the rating in an aircraft of that category. (2) The holder of a flight instructor rating is authorised to exercise the privileges of the rating in a flight simulation training device that represents an aircraft of a particular category only if the holder has: (a) completed the aeronautical experience; and (b) passed the flight test; required under regulation 61.1185 for the grant of the rating in an aircraft of that category. (3) A flight instructor is authorised to conduct flight training for a pilot licence, a rating on a pilot licence or an endorsement on an operational rating only if the instructor is engaged to conduct the flight training by a Part 141 or 142 operator that is authorised to conduct flight training for the licence, rating or endorsement. (5) A flight instructor is authorised to conduct flight training in an aircraft only if the instructor holds a medical certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1172 Limitations on exercise of privileges of flight instructor rating--rating granted on basis of transitional provisions (1) This regulation applies to the holder of a flight instructor rating granted on the basis of regulation 202.272 or 202.274. (2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder: (a) has completed an approved course of training in principles and methods of instruction; or (b) holds a Certificate IV in Training and Assessment; or (c) holds a tertiary qualification in teaching. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1175 Limitations on exercise of privileges of flight instructor ratings--endorsements (1) A flight instructor is authorised to conduct flight training mentioned in column 2 of an item in table 61.1235 only if the instructor also holds the endorsement mentioned in column 1 of the item. (2) A flight instructor is authorised to conduct differences training for a variant of an aircraft type only if the instructor also holds the type rating training endorsement for the aircraft type. (3) A flight instructor is authorised to conduct training to meet the general competency requirement in regulation 61.385 for a kind of aircraft only if the instructor also holds a training endorsement that authorises the instructor to conduct flight training in the aircraft. (4) A flight instructor is authorised to grant an endorsement, other than a recreational pilot licence endorsement, only if the instructor also holds a training endorsement required to provide flight training for the endorsement. (4A) A flight instructor is authorised to grant a recreational pilot licence endorsement only if the instructor also holds a grade 1 or 2 training endorsement. (5) A flight instructor is authorised to approve a student pilot to conduct a solo flight in an aircraft of a particular category only if the instructor also holds: (a) for the student pilot's first solo flight in an aircraft of that category--a grade 1 or 2 training endorsement for that aircraft category; or (b) in any other case--a grade 1, 2 or 3 training endorsement for that aircraft category. (6) A flight instructor is authorised to conduct a flight review for a rating on a pilot licence only if the instructor also holds: (a) a grade 1 training endorsement; or (b) a grade 2 training endorsement; or (c) the training endorsement required to conduct flight training for the rating. (7) A flight instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a flight crew licence or rating only if the instructor also holds a grade 2 training endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1180 Limitations on exercise of privileges of flight instructor ratings--instructor proficiency check (1) The holder of a flight instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check. (2) For subregulation (1), the holder is taken to have a valid instructor proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a training endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers operations under the rating and that is conducted by a flight examiner who holds a flight instructor rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an operation under the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instructor proficiency check--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instructor proficiency check under any of paragraphs (a) to (e) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instructor proficiency check; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check. (4) For paragraphs (2)(e) and (f), the holder successfully completes an instructor proficiency check if: (a) the instructor proficiency check is conducted in an aircraft or an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a flight instructor rating; and (c) the person endorses the holder's licence document to the effect that the holder has completed the instructor proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) a flight examiner; (c) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1185 Requirements for grant of flight instructor ratings (1) An applicant for a flight instructor rating must: (a) hold a private pilot licence, commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one training endorsement. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a private pilot licence, commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) passed the aeronautical knowledge examination for the flight instructor rating; and (b) completed flight training for the rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the flight instructor rating; and (d) met the following aeronautical experience requirements in an aircraft of the same category as the aircraft used for the flight test: (i) if the aircraft used for the flight test is a helicopter: (A) at least 250 hours flight time as a pilot; and (B) at least 100 hours flight time as pilot in command; (ii) in any other case: (A) at least 200 hours flight time as a pilot; and (B) at least 100 hours flight time as pilot in command. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (d), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3) The applicant is taken to meet the requirements mentioned in paragraphs (2)(c) and (d) if the applicant: (a) holds: (i) a commercial pilot licence with a helicopter category rating; and (ii) a low-level rating and a helicopter low-level endorsement; and (iii) one of the following combinations: (A) a night VFR rating and a helicopter night VFR endorsement; (B) an instrument rating and a single-engine helicopter instrument endorsement; (C) an instrument rating and a multi-engine helicopter instrument endorsement; and (b) completed his or her flight training for the licence in an integrated training course; and (c) has passed the flight test mentioned in the Part 61 Manual of Standards for the flight instructor rating in a helicopter. (3A) The applicant is taken to meet the requirements mentioned in subparagraph (2)(d)(ii) if the applicant has: (a) completed an integrated training course for the grant of a commercial pilot licence with the aircraft category rating for the same category of aircraft as used for the flight test for the applicant's flight instructor rating; and (b) met the requirements for the grant of the licence with that aircraft category rating. (4) The applicant must also: (a) have completed an approved course of training in principles and methods of instruction; or (b) hold a Certificate IV in Training and Assessment; or (c) hold a tertiary qualification in teaching. (5) An applicant to whom subregulation (3) or (3A) does not apply must meet the aeronautical experience requirements mentioned in paragraph (2)(d) before starting the flight training mentioned in paragraph (2)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1190 Privileges of simulator instructor ratings Subject to Subpart 61.E and regulations 61.1195 to 61.1205, a simulator instructor is authorised: (a) to conduct flight training in a flight simulation training device or tethered helicopter for the grant of: (i) pilot licences; and (ii) ratings on pilot licences, other than: (A) cruise relief flight engineer type ratings; and (B) flight examiner ratings; and (iii) endorsements on pilot licences, other than flight examiner endorsements; and (b) to grant endorsements to holders of pilot licences, other than: (i) flight examiner endorsements; and (ii) training endorsements mentioned in Part 1 or 2 of table 61.1235; and (iii) recreational pilot licence endorsements; and (iv) endorsements for which a flight test is required; and (c) to conduct training in multi-crew cooperation; and (d) to conduct differences training for variants of type ratings; and (e) to conduct training to meet the general competency requirement in regulation 61.385; and (f) to conduct flight reviews required by this Part for ratings on pilot licences, other than: (i) flight examiner ratings; and (ii) cruise relief flight engineer type ratings; and (g) to approve a person mentioned in regulation 61.120 to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and (h) to assess the standard of knowledge of an applicant for a pilot licence, or a rating on a pilot licence, in any items listed in the applicant's knowledge deficiency report. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1195 Limitations on exercise of privileges of simulator instructor ratings--general (1) The holder of a simulator instructor rating is authorised to exercise the privileges of the rating in a flight simulation training device that represents an aircraft of a particular category only if the instructor has passed the flight test required under regulation 61.1210 for the rating in a flight simulation training device that represents an aircraft of that category. (2) A simulator instructor is authorised to conduct flight training for a pilot licence, a rating on a pilot licence or an endorsement on an operational rating only if the instructor is engaged to conduct the flight training by a Part 141 or 142 operator that is authorised to conduct the flight training. (3) A simulator instructor is authorised to conduct flight training for the grant of an endorsement mentioned in column 1 of an item in Part 2 or 3 of table 61.1235 only if the instructor has conducted at least 50 hours of flight training in the activity covered by the endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1197 Limitations on exercise of privileges of simulator instructor rating--rating granted on basis of transitional provisions (1) This regulation applies to the holder of a simulator instructor rating granted on the basis of regulation 202.272 or 202.274. (2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder: (a) has completed an approved course of training in principles and methods of instruction; or (b) holds a Certificate IV in Training and Assessment; or (c) holds a tertiary qualification in teaching. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1200 Limitations on exercise of privileges of simulator instructor ratings--endorsements (1) A simulator instructor is authorised to conduct flight training mentioned in column 2 of an item in table 61.1235 only if the instructor also holds the endorsement mentioned in column 1 of the item. (2) A simulator instructor is authorised to conduct differences training for a variant of an aircraft type only if the instructor also holds the type rating training endorsement for the aircraft type. (3) A simulator instructor is authorised to conduct training to meet the general competency requirement in regulation 61.385 for a kind of aircraft only if the instructor also holds a training endorsement that authorises the instructor to conduct flight training in the aircraft. (4) A simulator instructor is authorised to grant an endorsement only if the instructor also holds the training endorsement required to provide flight training for the endorsement. (5) A simulator instructor is authorised to conduct a flight review for a rating on a pilot licence only if the instructor also holds: (a) a grade 1 training endorsement; or (b) a grade 2 training endorsement; or (c) the training endorsement required to provide flight training for the rating. (6) A simulator instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a flight crew licence or rating only if the instructor also holds a grade 2 training endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1205 Limitations on exercise of privileges of simulator instructor ratings--instructor proficiency check (1) The holder of a simulator instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check. (2) For subregulation (1), the holder is taken to have a valid instructor proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 12th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a training endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers operations under the rating and that is conducted by a flight examiner who holds a pilot instructor rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an operation under the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instructor proficiency check--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instructor proficiency check under any of paragraphs (a) to (e) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instructor proficiency check; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check. (4) For paragraphs (2)(e) and (f), the holder successfully completes an instructor proficiency check if: (a) the instructor proficiency check is conducted in an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a simulator instructor rating; and (c) the person endorses the holder's licence document to the effect that the holder has completed the instructor proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) a flight examiner; (c) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1210 Requirements for grant of simulator instructor ratings (1) An applicant for a simulator instructor rating must: (a) hold a commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one training endorsement. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) passed the aeronautical knowledge examination for the simulator instructor rating; and (b) completed flight training for the rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the simulator instructor rating. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) The applicant must also: (a) have completed an approved course of training in principles and methods of instruction; or (b) hold a Certificate IV in Training and Assessment; or (c) hold a tertiary qualification in teaching. (4) Despite paragraph 61.245(1)(a), the flight test must be conducted in an approved flight simulation training device for the flight test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1215 Obligations of pilot instructors--training (1) A pilot instructor commits an offence if: (a) the instructor conducts: (i) flight training for an aircraft class rating, pilot type rating or cruise relief co-pilot type rating; or (ii) differences training; in an aircraft; and (b) regulation 61.205 prohibits the conduct of the training in the aircraft. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1220 Obligations of pilot instructors--flight reviews (1) A pilot instructor commits an offence if: (a) the instructor conducts a flight review for the holder of a pilot licence; and (b) the holder successfully completes the flight review; and (c) the instructor does not, within 14 days after the day the flight review is successfully completed: (i) endorse the holder's licence document in accordance with subregulation (2); and (ii) give CASA a written notice that complies with subregulation (3). Penalty: 50 penalty units. (2) For subparagraph (1)(c)(i), the following details must be endorsed on the licence document: (a) a statement to the effect that the holder has successfully completed the flight review; (b) the date on which the flight review was successfully completed; (c) the rating for which the flight review was conducted. (3) For subparagraph (1)(c)(ii), the notice must state the following: (a) the holder's name and ARN; (b) that the holder has successfully completed the flight review; (c) the date on which the flight review was successfully completed; (d) the rating for which the flight review was conducted; (e) if the flight review was conducted in an aircraft--the aircraft's nationality and registration marks; (f) if the flight review was conducted in a flight simulator--the identifying number for the flight simulator stated on its flight simulator qualification certificate. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1225 Obligations of pilot instructors--student pilots (1) A flight instructor commits an offence if: (a) the instructor approves a person to pilot an aircraft as a student pilot; and (b) the approval is to pilot the aircraft in a way that is not authorised by the following provisions: (i) paragraph 61.112(1)(c) or (2)(c) (Flying as a student pilot); (ii) regulation 61.113 (General requirements for student pilots); (iii) regulation 61.114 (Solo flights--medical certificate requirements for student pilots); (iv) regulation 61.115 (Solo flights--recent experience requirements for student pilots). Penalty: 50 penalty units. (2) A flight instructor commits an offence if: (a) the instructor approves a person (the student) to conduct a solo flight as a student pilot; and (b) the instructor is not satisfied that the student: (i) has been briefed appropriately for the flight; and (ii) is capable of conducting the flight safely; and (iii) meets the requirement mentioned in subregulation (3). Penalty: 50 penalty units. (3) For subparagraph (2)(b)(iii), the requirement is that: (a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (b) the student has completed an approved course of training in English language proficiency. (4) A flight instructor commits an offence if: (a) the instructor approves a person (the student) to conduct a solo flight of a kind mentioned in subregulation (5) as a student pilot for the first time; and (b) the instructor is not satisfied that the student: (i) has completed the training specified by the authorising Part 141 or 142 operator for the conduct of a solo flight of that kind by a student pilot; and (ii) has been assessed by the Part 141 or 142 operator as competent to conduct the solo flight; and (c) for a cross-country flight or night flight--the student has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time. Penalty: 50 penalty units. (5) For subregulation (4), the kinds of solo flight are as follows: (a) a circuit training flight; (b) a flight between an aerodrome and the flight training area for the aerodrome; (c) a cross-country flight; (d) a night flight. (6) An offence against subregulation (1) is an offence of strict liability. (7) In this regulation: authorising Part 141 or 142 operator , in relation to an instructor approving a solo flight, means the Part 141 or 142 operator who authorised the instructor to approve the solo flight. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1227 Obligations of pilot instructors--approval to operate aircraft radio (1) A pilot instructor commits an offence if: (a) the instructor approves a person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, (the student) to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and (b) the student does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirement is that: (a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (b) the student has completed an approved course of training in English language proficiency. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1230 Obligations of pilot instructors--records of activities conducted independently of Part 141 or 142 operator (1) A pilot instructor commits an offence if: (a) the instructor conducts a flight review or a session of flight training for a flight crew endorsement, other than an endorsement on an operational rating; and (b) the training is not conducted on behalf of a Part 141 or 142 operator; and (c) a record of the training is not made within 7 days after the session. Penalty: 50 penalty units. (2) A pilot instructor commits an offence if the instructor does not retain a record made under subregulation (1) for at least 7 years after the day the record is made. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1235 Kinds of training endorsement The kinds of training endorsement are set out in column 1 of table 61.1235. Table 61.1235 Training endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Training for licences and aircraft ratings 1 Grade 1 training endorsement (category specific) Activities authorised by a grade 2 training endorsement Supervise holders of grade 2 and grade 3 training endorsements in the conduct of flight training in an aircraft of the specified category Commercial pilot licence or air transport pilot licence with the specified aircraft category rating Grade 2 training endorsement At least 500 hours of flight time conducting initial flight training in an aircraft of the specified category 2 Grade 2 training endorsement (category specific) Activities authorised by grade 3 training endorsement Approve a student pilot to conduct a solo flight in an aircraft of the specified category Conduct flight training for an aircraft class rating for aircraft of the specified category Assess a knowledge deficiency report for the grant of a pilot licence or rating Commercial pilot licence or air transport pilot licence with the specified aircraft category rating Grade 3 training endorsement At least 200 hours of flight time conducting initial flight training in an aircraft of the specified category 3 Grade 3 training endorsement (category specific, other than aeroplanes) Conduct flight training for the specified aircraft category rating Conduct flight training for a recreational pilot licence, private pilot licence or commercial pilot licence, other than basic instrument flight training Conduct flight training for a recreational pilot licence endorsement Approve a student pilot to conduct a solo flight in an aircraft of the specified category, other than the student's first solo flight in an aircraft of that category Conduct flight training for a single-engine aircraft class rating for aircraft of the specified category Commercial pilot licence or air transport pilot licence with the specified aircraft category rating 3A Grade 3 training endorsement (aeroplane) Conduct flight training for the aeroplane category rating Conduct flight training for a recreational pilot licence, private pilot licence or commercial pilot licence, other than basic instrument flight training Conduct flight training for a recreational pilot licence endorsement Approve a student pilot to conduct a solo flight in an aeroplane, other than the student's first solo flight in an aeroplane Conduct flight training for a single-engine aeroplane class rating Commercial pilot licence or air transport pilot licence with the aeroplane category rating Spinning flight activity endorsement 4 Multi-crew pilot training endorsement Conduct flight training for a multi-crew pilot licence or air transport pilot licence Conduct training in multi-crew cooperation Commercial pilot licence and instrument rating, or air transport pilot licence At least 100 hours of aeronautical experience in multi-crew operations 5 Type rating training endorsement (type specific) Conduct flight training for the pilot type rating or cruise relief co-pilot type rating for aircraft of the specified type Conduct differences training for variants of the specified aircraft type Commercial pilot licence or air transport pilot licence Pilot type rating for the specified aircraft type 6 Class rating training endorsement (class specific) Conduct flight training for the aircraft class rating for the specified class Commercial pilot licence or air transport pilot licence Aircraft class rating for the specified class At least 50 hours of aeronautical experience as pilot of an aircraft of the specified class 7 Design feature training endorsement Conduct flight training for any design feature endorsement that the holder holds Private pilot licence, commercial pilot licence or air transport pilot licence Part 2--Training for operational ratings 8 Instrument rating training endorsement (category specific) Conduct flight training for an instrument rating, private instrument rating, instrument endorsement or private instrument endorsement in an aircraft of the specified category Conduct basic instrument flight training for an aircraft of the specified category Commercial pilot licence or air transport pilot licence 9 Night VFR rating training endorsement (category specific) Conduct flight training for a night VFR rating or night VFR endorsement in an aircraft of the specified category Conduct basic instrument flight training for an aircraft of the specified category Commercial pilot licence or air transport pilot licence At least 20 hours of aeronautical experience at night as pilot of an aircraft 10 Night vision imaging system rating training endorsement Conduct flight training for a night vision imaging system rating or night vision imaging system endorsement Commercial pilot licence or air transport pilot licence Night vision imaging system rating At least 50 hours experience using a night vision imaging system 11 Low-level rating training endorsement (category specific) Conduct flight training for a low-level rating in an aircraft of the specified category Conduct flight training for a low-level endorsement, except an endorsement mentioned in item 8 or 9 of table 61.1075, for the specified aircraft category Commercial pilot licence or air transport pilot licence Low-level rating 12 Aerial application rating (day) training endorsement (category specific) Conduct flight training for an aerial application rating in an aircraft of the specified category Conduct flight training for an aerial application endorsement mentioned in Part 1 or 2 of table 61.1120 for the specified aircraft category Commercial pilot licence or air transport pilot licence Aerial application rating Aerial application endorsement for the specified aircraft category At least 100 hours of aeronautical experience in aerial application operations below 500 ft AGL 13 Aerial application rating (night) training endorsement (category specific) Conduct flight training for an aerial application rating in an aircraft of the specified category Conduct flight training for an aerial application endorsement mentioned in Part 3 of table 61.1120 for the specified aircraft category Commercial pilot licence or air transport pilot licence Aerial application rating Night aerial application endorsement for the specified aircraft category 14 Instructor rating training endorsement (category specific) Conduct flight training for a flight instructor rating, simulator instructor rating or training endorsement in an aircraft of the specified category Commercial pilot licence or air transport pilot licence 15 Multi-engine aeroplane class rating instructor training endorsement Conduct flight training for a class rating (multi-engine aeroplane) training endorsement Commercial pilot licence or air transport pilot licence with aeroplane category rating Grade 1 training endorsement (aeroplane) or type rating training endorsement for a type of multi-engine aeroplane Part 3--Training for flight activity and low-level endorsements 16 Sling operations training endorsement Conduct flight training for a sling operations endorsement Commercial pilot licence or air transport pilot licence with helicopter category rating Low-level rating Sling operations endorsement 17 Winch and rappelling operations training endorsement Conduct flight training for a winch and rappelling operations endorsement Commercial pilot licence or air transport pilot licence with helicopter category rating Low-level rating Winch and rappelling operations endorsement 18 Spinning training endorsement Conduct flight training for a spinning flight activity endorsement Private pilot licence, commercial pilot licence or air transport pilot licence Spinning flight activity endorsement 19 Aerobatics training endorsement Conduct flight training for any of the following endorsements: (a) aerobatics flight activity endorsement; (b) aerobatics (1 500) flight activity endorsement; (c) aerobatics (500) flight activity endorsement; (d) aerobatics (unlimited) flight activity endorsement; (e) formation aerobatics flight activity endorsement Private pilot licence, commercial pilot licence or air transport pilot licence Spinning flight activity endorsement Aerobatics flight activity endorsement 20 Formation (aeroplane) training endorsement Conduct flight training for a formation flying (aeroplane) flight activity endorsement Private pilot licence, commercial pilot licence or air transport pilot licence with aeroplane category rating Formation flying (aeroplane) flight activity endorsement 21 Formation (helicopter) training endorsement Conduct flight training for a formation flying (helicopter) flight activity endorsement Private pilot licence, commercial pilot licence or air transport pilot licence with helicopter category rating Formation flying (helicopter) flight activity endorsement 22 Formation aerobatics training endorsement Conduct flight training for a formation aerobatics flight activity endorsement Private pilot licence, commercial pilot licence or air transport pilot licence with aeroplane category rating Formation aerobatics flight activity endorsement CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1240 Privileges of training endorsements (1) Subject to Subpart 61.E, Divisions 61.T.1 and 61.T.2 and regulations 61.1245 to 61.1247, the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to: (a) conduct the activities mentioned in column 2 of the item; and (b) grant an endorsement mentioned in column 2 of the item that does not require a flight test. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. (2) However, the holder of a grade 3 training endorsement is not authorised to grant a recreational pilot licence endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1245 Limitations on exercise of privileges of training endorsements--general (1) The holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in an aircraft only if the holder is authorised to exercise the privileges of each licence, rating or endorsement mentioned in column 3 of the item in the aircraft. (2) The holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in a flight simulation training device only if the holder holds each licence, rating or endorsement mentioned in column 3 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1246 Limitations on exercise of privileges of grade 3 training endorsements (1) The holder of a grade 3 training endorsement is authorised to conduct an activity mentioned in column 2 of item 3 or 3A in table 61.1235 only if the holder is acting under the supervision of the holder of a grade 1 training endorsement. (2) The holder of a grade 3 training endorsement is authorised to pilot an aircraft in the exercise of the privileges of the endorsement only by day under the VFR. (3) The holder of a grade 3 training endorsement (helicopter) is authorised to conduct flight training involving a simulated engine failure only if the holder has completed at least 100 hours of flight training under the endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1247 Limitations on exercise of privileges of low level training endorsements The holder of a low-level training endorsement is authorised to conduct flight training for a low-level endorsement only if the holder: (a) holds the low-level endorsement; and (b) has at least 5 hours aeronautical experience conducting the activity authorised by the low-level endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1250 Requirements for grant of training endorsements (1) An applicant for an endorsement mentioned in an item in table 61.1235 must hold: (a) an instructor rating; and (b) each other licence, rating or endorsement (if any) mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required licence, rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence, rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) met the aeronautical experience requirements (if any) mentioned in column 3 of the item; and (b) completed flight training for the endorsement; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement; and (d) for an applicant for a multi-crew pilot training endorsement--completed an approved course of training in multi-crew co-operation. Note 1: For paragraph (a), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) Despite paragraph 61.245(1)(a), the flight test (if any) may be conducted in an approved flight simulation training device for the flight test. Subpart 61.U --Flight examiner ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1255 Privileges of flight examiner ratings Subject to Subpart 61.E and regulations 61.1265 to 61.1285, a flight examiner is authorised: (a) to conduct flight tests for the grant of: (i) pilot licences; and (ii) ratings on pilot licences, other than cruise relief flight engineer type ratings; and (iii) endorsements on pilot licences; and (b) to grant to holders of pilot licences: (i) ratings, other than: (A) flight examiner ratings; and (B) cruise relief flight engineer type ratings; and (ii) endorsements, other than flight test endorsements; and (c) to conduct the following proficiency checks for holders of pilot licences: (i) instrument proficiency checks; (ii) night vision imaging system proficiency checks; (iii) aerial application proficiency checks; (iv) instructor proficiency checks; (v) operator proficiency checks; and (d) to conduct assessments of English language proficiency. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1265 Limitations on exercise of privileges of flight examiner ratings--endorsements (1) A flight examiner is authorised to conduct a flight test, or grant a rating or endorsement, mentioned in column 2 of an item in Part 1 of table 61.1310 only if the examiner also holds the endorsement mentioned in column 1 of the item. (2) A flight examiner is authorised to conduct a flight test for a rating or endorsement, or grant a rating or endorsement on a pilot licence, only if the examiner: (a) also holds a rating or endorsement of the same kind; or (b) holds an approval under regulation 61.040 to conduct the flight test. (3) A flight examiner is authorised to conduct an instrument proficiency check only if the examiner also holds an instrument rating flight test endorsement. (4) A flight examiner is authorised to conduct a night vision imaging system proficiency check only if the examiner also holds a night vision imaging system rating flight test endorsement. (5) A flight examiner is authorised to conduct an aerial application proficiency check only if the examiner also holds an aerial application rating flight test endorsement. (6) A flight examiner is authorised to conduct an instructor proficiency check only if the examiner also holds a flight instructor rating flight test endorsement. (7) A flight examiner is authorised to conduct an activity mentioned in column 2 of item 12 of table 61.1310 only if the examiner also holds an English language assessment endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1270 Limitations on exercise of privileges of flight examiner ratings--professional development A flight examiner is authorised to exercise the privileges of his or her flight examiner rating only if the examiner has, during the previous 24 months, successfully completed: (a) a professional development program conducted by CASA; or (b) an approved course of professional development conducted by the holder of an approval under regulation 61.040 to conduct the course. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1275 Limitations on exercise of privileges of flight examiner ratings--recent experience (1) A flight examiner is authorised to conduct a flight test for a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements mentioned in this Part for the exercise of the privileges of the licence. (2) A flight examiner is authorised to conduct a flight test for a rating on a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements mentioned in this Part for the exercise of the privileges of the rating. (3) A flight examiner is authorised to conduct a flight test for an endorsement on a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements mentioned in this Part for the exercise of the privileges of the rating to which the endorsement relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1280 Limitations on exercise of privileges of flight examiner ratings--flight reviews and subject matter proficiency checks (1) A flight examiner is authorised to conduct a flight test for a pilot licence only if, when the flight test is conducted, the examiner: (a) for a multi-crew pilot licence--has a valid instrument proficiency check, under regulation 61.650, for the aeroplane category; or (b) for an air transport pilot licence--has a valid instrument proficiency check, under regulation 61.695, for the category of aircraft in which the flight test is conducted. (2) A flight examiner is authorised to conduct a flight test for a rating on a pilot licence only if, when the flight test is conducted, the examiner: (a) for an instrument rating--has a valid instrument proficiency check, under regulation 61.880, for the category of aircraft in which the flight test is conducted; or (b) for a night vision imaging system rating--has a valid night vision imaging system proficiency check under regulation 61.1015; or (c) for an aerial application rating--has a valid aerial application proficiency check under regulation 61.1110; or (d) for an instructor rating--has a valid instructor proficiency check under regulation 61.1180; or (e) for any other rating--meets the flight review requirements for the rating. (3) A flight examiner is authorised to conduct a flight test for an endorsement on a pilot licence only if, when the flight test is conducted, the examiner: (a) for an instrument endorsement--has a valid instrument proficiency check, under regulation 61.880, for the category of aircraft in which the flight test is to be conducted; or (b) for a night vision imaging system endorsement--has a valid night vision imaging system proficiency check under regulation 61.1015; or (c) for an aerial application endorsement--has a valid aerial application proficiency check under regulation 61.1110; or (d) for a training endorsement--has a valid instructor proficiency check under regulation 61.1180; or (e) for any other endorsement--meets the flight review requirements for the rating to which the endorsement relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1285 Limitations on exercise of privileges of flight examiner ratings--examiner proficiency check (1) The holder of a flight examiner rating is authorised to exercise the privileges of the rating only if the holder has a valid examiner proficiency check. (2) For subregulation (1), the holder is taken to have a valid examiner proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 24th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a flight examiner endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an examiner proficiency check--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is taken to have a valid examiner proficiency check under any of paragraphs (a) to (c) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an examiner proficiency check; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an examiner proficiency check, the holder is no longer taken to have a valid examiner proficiency check. (4) For paragraphs (2)(c) and (d), the holder successfully completes an examiner proficiency check if: (a) the examiner proficiency check is conducted in an aircraft or an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight testing as meeting the standards mentioned in the Part 61 Manual of Standards for a flight examiner rating; and (c) the person endorses the holder's licence document to the effect that the holder has completed the examiner proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1290 Requirements for grant of flight examiner ratings (1) An applicant for a flight examiner rating must: (a) hold a commercial pilot licence or air transport pilot licence; and (b) meet the requirements for the grant of at least one flight test endorsement. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence or air transport pilot licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed a course of training for the rating that: (i) is conducted by CASA or the holder of an approval under regulation 61.040 to conduct the course; and (ii) includes the content mentioned in the Part 61 Manual of Standards for the course; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the flight examiner rating; and (c) successfully completed an interview conducted by CASA. Note: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (3) For paragraph (2)(c), an applicant successfully completes an interview if the applicant satisfies CASA that he or she has the necessary skills and experience to be granted a flight examiner rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1295 Obligations of flight examiners--flight tests: strict liability offences (1) A flight examiner commits an offence if the examiner: (a) conducts a flight test for an applicant for a pilot licence or a rating or endorsement on a pilot licence; and (b) is not nominated to conduct the flight test: (i) by the applicant's training provider under subregulation 61.245(3); or (ii) by CASA under subregulation 61.245(4). Penalty: 50 penalty units. (2) A flight examiner commits an offence if the examiner: (a) conducts a flight test for a commercial pilot licence, multi-crew pilot licence or air transport pilot licence; and (b) is the person who provided the certification under paragraph 61.235(2)(a) (Flight tests for flight crew licences and ratings--prerequisites) for the person taking the flight test. Penalty: 50 penalty units. (3) A flight examiner commits an offence if the examiner: (a) conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence; and (b) does not: (i) conduct the flight test in accordance with the standards mentioned in the Part 61 Manual of Standards; and (ii) assess the applicant for the licence, rating or endorsement against the competency standards mentioned in the Part 61 Manual of Standards for the flight test. Penalty: 50 penalty units. (4) A flight examiner commits an offence if the examiner: (a) conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence; and (b) does not: (i) at the completion of the flight test, advise the applicant and the Part 141 or 142 operator responsible for the applicant's training of the result of the flight test, including the reasons for any failure in an element of the flight test; and (ii) within 14 days after the day of the completion of the flight test: (A) complete a report, in an approved form, setting out the result of the flight test; and (B) give a completed copy of the report to the applicant, the Part 141 or 142 operator and CASA. Penalty: 50 penalty units. (5) A flight examiner commits an offence if the examiner: (a) conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence; and (b) has not notified CASA of the examiner's intention to conduct the flight test at least 24 hours before conducting the flight test. Penalty: 50 penalty units. (6) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1300 Obligations of flight examiners--flight tests: other offences (1) A flight examiner commits an offence if: (a) the examiner conducts a flight test for a pilot licence; and (b) when the test begins, the examiner is not satisfied that the applicant: (i) is at least the minimum age to hold the licence; and (ii) has passed the aeronautical knowledge examination for the licence; and (iii) has met the flight training requirements for the grant of the licence; and (iv) has met the aeronautical experience requirements for the licence. Penalty: 50 penalty units. (2) A flight examiner commits an offence if: (a) the examiner conducts a flight test for any of the following licences: (i) a private pilot licence; (ii) a commercial pilot licence; (iii) a multi-crew pilot licence; (iv) an air transport pilot licence; and (b) when the test begins, the examiner is not satisfied that the applicant has a current aviation English language proficiency assessment. Penalty: 50 penalty units. (3) A flight examiner commits an offence if: (a) the examiner conducts a flight test for a pilot licence in an aircraft; and (b) when the test begins, the examiner is not satisfied that: (i) if the test is for a licence other than a recreational pilot licence--the applicant holds: (A) a current medical certificate of the class required for the exercise of the privileges of the licence; or (B) a medical exemption to exercise the privileges of the licence; or (ii) if the test is for a recreational pilot licence--the applicant holds: (A) a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate; or (B) a medical exemption for the exercise of the privileges of the licence. Penalty: 50 penalty units. (4) A flight examiner commits an offence if: (a) the examiner conducts a flight test for a rating or endorsement on a pilot licence; and (b) when the test begins, the examiner is not satisfied that the applicant: (i) has passed the aeronautical knowledge examination for the rating or endorsement; and (ii) has met the flight training requirements for the grant of the rating or endorsement; and (iii) has met the aeronautical experience requirements for the rating or endorsement. Penalty: 50 penalty units. (5) A flight examiner commits an offence if: (a) the examiner conducts a flight test for a rating or endorsement on a pilot licence in an aircraft; and (b) when the test begins, the examiner is not satisfied that the applicant holds: (i) a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate; or (ii) a medical exemption for the exercise of the privileges of the rating. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1305 Obligations of flight examiners--proficiency checks (1) A flight examiner commits an offence if: (a) the examiner conducts a relevant proficiency check for the holder of a pilot licence; and (b) the holder successfully completes the proficiency check; and (c) the examiner does not, within 14 days after the day the holder successfully completes the proficiency check: (i) endorse the holder's licence document in accordance with subregulation (2); and (ii) give CASA a written notice that complies with subregulation (3). Penalty: 50 penalty units. (2) For subparagraph (1)(c)(i), the following details must be endorsed on the licence document: (a) a statement to the effect that the holder has successfully completed the proficiency check; (b) the date on which the proficiency check was successfully completed; (c) the rating for which the proficiency check was conducted; and (d) if the proficiency check related to a category, class or type of aircraft--the category, class or type. (3) For subparagraph (1)(c)(ii), the notice must state the following: (a) the holder's name and ARN; (b) that the holder has successfully completed the proficiency check; (c) the date on which the proficiency check was successfully completed; (d) the rating for which the proficiency check was conducted; (e) if the proficiency check related to a category, class or type of aircraft--the category, class or type; (f) if the proficiency check was conducted in an aircraft--the aircraft's nationality and registration marks; (g) if the proficiency check was conducted in a flight simulator--the identifying number for the flight simulator stated on its flight simulator qualification certificate. (3A) A flight examiner commits an offence if: (a) the examiner conducts a relevant proficiency check; and (b) the examiner has not notified CASA of the examiner's intention to conduct the proficiency check at least 24 hours before conducting the proficiency check; and (c) the examiner does not hold, under regulation 61.040, an approval to conduct the proficiency check without notifying CASA of his or her intention to conduct the proficiency check. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. (5) In this regulation: " relevant proficiency check " means any of the following: (a) an aerial application proficiency check; (b) an instructor proficiency check; (c) an instrument proficiency check; (d) a night vision imaging system proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1310 Kinds of flight examiner endorsement The kinds of flight examiner endorsement are set out in column 1 of table 61.1310. Table 61.1310 Flight examiner endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Flight test endorsements 1 Private pilot licence flight test endorsement (category specific) Conduct a flight test for any of the following authorisations in an aircraft of the specified category: (a) recreational pilot licence; (b) private pilot licence; (c) the specified aircraft category rating on a recreational pilot licence or private pilot licence; (d) single-engine aeroplane class rating; (e) single-engine helicopter class rating; (f) single-engine gyroplane class rating; (g) airship class rating Grade 1 training endorsement 2 Commercial pilot licence flight test endorsement (category specific) Conduct a flight test for an authorisation mentioned in column 2 of item 1 Conduct a flight test for any of the following authorisations in an aircraft of the specified category: (a) commercial pilot licence; (b) the specified aircraft category rating on a commercial pilot licence Grade 1 training endorsement 3 Air transport pilot licence flight test endorsement (category specific) Conduct a flight test for any of the following authorisations in an aircraft of the specified category: (a) multi-crew pilot licence; (b) air transport pilot licence; (c) the specified aircraft category rating on an air transport pilot licence; (d) if the aeroplane category is specified--multi-engine aeroplane class ratings; (e) instrument rating Air transport pilot licence with the specified aircraft category rating Instrument rating flight test endorsement 4 Multi-engine aeroplane class rating flight test endorsement Conduct a flight test for a multi-engine aeroplane class rating Multi-engine aeroplane training endorsement 5 Type rating flight test endorsement (type specific) Conduct a flight test for either of the following ratings in an aircraft of the specified type: (a) pilot type rating; (b) cruise relief co-pilot type rating Type rating training endorsement for the specified aircraft type 6 Instrument rating flight test endorsement (category specific) Conduct a flight test in an aircraft of the specified category for any of the following: (a) instrument rating; (b) private instrument rating; (c) instrument endorsement; (d) private instrument endorsement Conduct an instrument proficiency check in an aircraft of the specified category Instrument rating training endorsement for the specified aircraft category 7 Night VFR rating flight test endorsement (category specific) Conduct a flight test for a night VFR rating or night VFR endorsement in an aircraft of the specified category Night VFR rating training endorsement for the specified aircraft category 8 Night vision imaging system rating flight test endorsement Conduct a flight test for a night vision imaging system rating or night vision imaging system endorsement Conduct a night vision imaging system proficiency check Night vision imaging system training endorsement 9 Low-level rating flight test endorsement (category specific) Conduct a flight test for a low-level rating or low-level endorsement in an aircraft of the specified category Low-level training endorsement for the specified aircraft category 10 Aerial application rating flight test endorsement (category specific) Conduct a flight test for any of the following in an aircraft of the specified category: (a) aerial application rating; (b) aerial application endorsement; (c) low-level rating; (d) low-level endorsement Conduct an aerial application proficiency check in an aircraft of the specified category Aerial application (day) training endorsement for the specified aircraft category 11 Flight instructor rating flight test endorsement (category specific) Conduct a flight test for any of the following in an aircraft of the specified category: (a) flight instructor rating; (b) simulator instructor rating; (c) training endorsement Conduct an instructor proficiency check in an aircraft of the specified category Grade 1 training endorsement for the specified aircraft category Part 2--Other flight examiner endorsements 12 English language assessment endorsement Conduct a level 6 aviation English language proficiency assessment Conduct a general English language proficiency assessment Any of the following endorsements: (a) private pilot licence flight test endorsement; (b) commercial pilot licence flight test endorsement; (c) pilot type rating flight test endorsement CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1315 Privileges of flight examiner endorsements Subject to Subpart 61.E and Division 61.U.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1310 is authorised to conduct each activity mentioned in column 2 of the item. Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1318 Limitations on exercise of privileges of flight examiner endorsements--flight tests in aircraft The holder of a flight test endorsement is authorised to conduct a flight test under the endorsement in an aircraft only if the flight test for the examiner's flight test endorsement was conducted in an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1320 Requirements for grant of flight examiner endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.1310 must hold: (a) a flight examiner rating; and (b) the licences and endorsements mentioned in column 3 of the item. Note: Subregulation (1) is satisfied, in relation to a required licence, rating or endorsement, if the applicant holds a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to the required licence, rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) An applicant for an endorsement mentioned in column 1 of an item in Part 1 of table 61.1310 must also have: (a) completed a course of training for the endorsement that: (i) is conducted by CASA or the holder of an approval under regulation 61.040 to conduct the course; and (ii) includes the content mentioned in the Part 61 Manual of Standards for the course; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the grant of the endorsement. Note: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (3) An applicant for an English language assessment endorsement must also have: (a) completed training in the assessment of aviation English language proficiency to the ICAO standards conducted by CASA or the holder of an approval under regulation 61.040 to conduct the training; and (b) been assessed by CASA or the approval holder as competent to assess aviation English language proficiency to the ICAO standards; and (c) successfully completed an interview conducted by CASA or the holder of an approval under regulation 61.040 to conduct the interview. (4) For paragraph (3)(c), an applicant successfully completes an interview if the applicant satisfies CASA or the approval holder that he or she understands the standards for assessment of aviation English language proficiency. Subpart 61.V --Flight engineer licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1325 Privileges of flight engineer licences Subject to regulations 61.1330 to 61.1352, the holder of a flight engineer licence is authorised to act as flight engineer of an aircraft certificated to be operated with a minimum flight crew that includes a flight engineer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1330 Limitations on exercise of privileges of flight engineer licences--ratings (1) The holder of a flight engineer licence is authorised to exercise the privileges of the licence in an aircraft of a particular type only if the holder also holds the flight engineer type rating for the aircraft. (2) The holder of a flight engineer licence is authorised to conduct an activity mentioned in regulation 61.1395 (Privileges of flight engineer instructor ratings) only if the holder also holds a flight engineer instructor rating. (3) The holder of a flight engineer licence is authorised to conduct an activity mentioned in regulation 61.1445 (Privileges of flight engineer examiner ratings) only if the holder also holds a flight engineer examiner rating. Note: In certain circumstances, a person may act as flight engineer of an aircraft of a particular type if he or she holds a pilot licence and a cruise relief flight engineer type rating for that type of aircraft: see regulation 61.830. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1335 Limitations on exercise of privileges of flight engineer licences--recent experience (1) The holder of a flight engineer licence is authorised to act as the flight engineer of an aircraft of a particular type only if the holder has, within the previous 90 days: (a) performed the duties of a flight engineer by day or night during at least 3 take-offs and at least 3 landings in an aircraft of that type or an approved flight simulation training device for the purpose; or (b) as a member of the flight crew of an aircraft, observed a flight engineer perform the duties of a flight engineer by day or night during at least 3 take-offs and at least 3 landings in an aircraft of that type or an approved flight simulation training device for the purpose. (2) For paragraphs (1)(a) and (b), each take-off must be followed by a climb to at least 500 ft AGL. (3) The holder is taken to meet the requirements of subregulation (1) if: (a) within the previous 90 days, in an aircraft of that type or an approved flight simulator for the purpose, the holder has: (i) successfully completed an instructor proficiency check, operator proficiency check or flight review; or (ii) passed a flight test for a flight engineer licence or a rating on a flight engineer licence ; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of that type; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1340 Limitations on exercise of privileges of flight engineer licences--flight review (1) For this Part, successful completion of a flight review for a rating on a flight engineer licence requires demonstration, to a person mentioned in subregulation (2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating. (2) For subregulation (1), the persons are as follows: (a) CASA; (b) the holder of an approval under regulation 61.040 for this regulation; (c) a flight engineer instructor who holds a training endorsement that authorises the person to conduct flight training for the rating. (3) The flight review must be conducted in an aircraft or approved flight simulator for the flight review. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1345 Limitations on exercise of privileges of flight engineer licences--current medical certificates The holder of a flight engineer licence is authorised to exercise the privileges of the licence only if the holder also holds: (a) a class 1 or 2 medical certificate; or (b) a medical exemption for the exercise of the privileges of the licence. Note: A licence holder must not exercise the privileges of his or her licence and rating during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1350 Limitations on exercise of privileges of flight engineer licences--carriage of documents The holder of a flight engineer licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the following documents on the flight: (a) his or her licence document; (b) unless the holder holds a medical exemption for the exercise of the privileges of the licence--his or her medical certificate; (ba) if the holder holds a medical exemption for the exercise of the privileges of the licence--a copy of the exemption; (c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1352 Limitations on exercise of privileges of flight engineer licences--aviation English language proficiency (1) The holder of a flight engineer licence is authorised to exercise the privileges of the licence only if the holder has a current aviation English language proficiency assessment. (2) Subregulation (3) applies to the holder of a flight engineer licence that was granted on the basis of regulation 202.272 if the licence was granted in recognition of a continued authorisation (within the meaning of regulation 202.261) that was granted on or before 4 March 2008. (3) Subregulation (1) does not apply to the holder in relation to the exercise of the privileges of his or her licence in Australian Territory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1355 Certain holders of flight engineer licences authorised to operate aircraft radio (1) A person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the person holds a flight engineer licence. (2) For regulation 61.1345, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation does not constitute the exercise of the privileges of a licence. Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1360 Requirements for grant of flight engineer licences (1) An applicant for a flight engineer licence must be at least 18. (2) The applicant must meet the requirements for the grant of at least one flight engineer type rating. (3) The applicant must also have: (a) passed the aeronautical knowledge examination for the flight engineer licence; and (b) completed flight training for the flight engineer licence; and (d) passed the flight test mentioned in the Part 61 Manual of Standards for the flight engineer licence; and (e) at least 100 hours of aeronautical experience performing the duties of a flight engineer under the direct supervision of a flight engineer instructor. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (d), for the conduct of flight tests, see Division 61.B.4. Note 4: For paragraph (e), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. (3A) If the applicant applies on or after 1 September 2015, the applicant must also have completed an approved course of training in multi-crew cooperation. (4) For paragraph (3)(e), up to 50 hours of the aeronautical experience may be completed as simulated flight engineer time. (5) The applicant is taken to meet the requirements of paragraph (3)(e) if: (a) the applicant holds: (i) a commercial pilot licence with the aeroplane category rating; and (ii) a pilot type rating for an aeroplane that is certificated for multi-crew operation; and (b) the applicant has completed at least 50 hours of flight training performing the duties of a flight engineer under the direct supervision of a flight engineer instructor. Subpart 61.W --Flight engineer type ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1365 Privileges of flight engineer type ratings Subject to Subpart 61.V and regulations 61.1370 to 61.1380, the holder of a flight engineer type rating is authorised to act as the flight engineer of an aircraft covered by the rating. Note 1: Subpart 61.V sets out certain limitations that apply to all flight engineer licences, and ratings and endorsements on flight engineer licences. Note 2: The types for which flight engineer type ratings may be granted are set out in legislative instruments under regulations 61.055 (multi-crew aircraft) and 61.060 (single-pilot aircraft). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1370 Limitations on exercise of privileges of flight engineer type ratings--general (1) This regulation applies if: (a) the holder of a flight engineer type rating passed the flight test for the rating in: (i) an aircraft model covered by the rating (the first variant); or (ii) a flight simulator that represents the first variant; and (b) differences training is required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating (the second variant). (2) The holder is authorised to exercise the privileges of the rating in the second variant only if the holder has completed the differences training for the second variant. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1375 Limitations on exercise of privileges of flight engineer type ratings--recent experience on aircraft models The holder of a flight engineer type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating only if: (a) within the previous 24 months, the holder has: (i) exercised the privileges of the rating in the aircraft model; or (ii) passed the flight test for the rating in the aircraft model; or (iii) successfully completed a flight review in the aircraft model; or (iv) if differences training is required by an instrument under regulation 61.055 or 61.060 for the aircraft model--completed the differences training; or (b) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in the aircraft model; and (ii) the operator holds an approval under regulation 61.040 for the system for this regulation and operations in aircraft of that model. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1380 Limitations on exercise of privileges of flight engineer type ratings--flight review (1) The holder of a flight engineer type rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 24 months, successfully completed a flight review for the rating in accordance with subregulation (2). (2) For subregulation (1), the flight review must be conducted in: (a) an aircraft of the type covered by the rating; or (b) an approved flight simulator for the flight review. (3) The holder is taken to meet the requirements of subregulation (1) if the holder: (a) has passed a flight test for the rating within the previous 24 months; or (b) has successfully completed an operator proficiency check that covers operations in aircraft of the type covered by the rating within the previous 24 months; or (c) both: (i) the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of the type covered by the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type. Note: For general rules in relation to flight reviews, see regulation 61.1340. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1385 Requirements for grant of flight engineer type ratings (1) This regulation applies to an applicant for a flight engineer type rating if the applicant is not taken to meet the requirements for the grant of the rating under regulation 61.1390. (2) The applicant must hold a flight engineer licence. Note: Subregulation (2) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence: see item 36 of Part 2 of the Dictionary. (3) The applicant must also have: (a) completed an approved course of training for the rating, that includes: (i) theory and technical training; and (ii) flight training in accordance with the approved course, consisting of: (A) dual flight in an aircraft of the type covered by the rating; or (B) dual simulated flight in an approved flight simulator for the training; and (b) passed an examination, conducted by the Part 141 or 142 operator that conducted the training mentioned in paragraph (a), testing the applicant's knowledge against the standards mentioned in the Part 61 Manual of Standards for the rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the rating. Note 1: For paragraph (a), for the requirements for an approved course of training, see Division 61.B.2. Note 2: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (4) For paragraph (3)(a), the approved course of training must be conducted by: (a) a Part 141 or 142 operator that is authorised to conduct the training; or (b) the holder of an approval under regulation 141.035 or 142.040 to conduct the training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1390 Person taken to meet requirements for grant of flight engineer type rating--new type rating A person is taken to meet the requirements for the grant of a flight engineer type rating (the new type rating) if: (a) the person holds a flight engineer type rating (the old type rating) covering 2 or more aircraft models that were, in accordance with a legislative instrument under regulation 61.055 (the old legislative instrument), variants of each other; and (b) as a result of a change to the legislative instrument, or the making of a new legislative instrument: (i) the models are no longer variants of each other; and (ii) one or more of the models is covered by the new type rating; and (c) one of the following applies: (i) the person passed the flight test for the old type rating in: (A) an aircraft model that is covered by the new type rating; or (B) a flight simulator that represents an aircraft model covered by the new type rating; (ii) differences training was not required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; (iii) both: (A) differences training was required by the old legislative instrument for the person to exercise the privileges of the old type rating in an aircraft covered by the new type rating; and (B) the person has completed the differences training. Subpart 61.X --Flight engineer instructor ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1395 Privileges of flight engineer instructor ratings Subject to Subpart 61.V and regulations 61.1400 to 61.1410, a flight engineer instructor is authorised: (a) to conduct flight training for: (i) flight engineer licences; and (ii) ratings on flight engineer licences, other than flight engineer examiner ratings; and (iii) endorsements on flight engineer licences, other than flight engineer flight test endorsements; and (iv) cruise relief flight engineer type ratings; and (b) to grant flight engineer training endorsements; and (c) to conduct training in multi-crew cooperation; and (d) to conduct flight reviews required by this Part for flight engineer ratings, other than flight engineer examiner ratings; and (e) to approve a person who does not hold a flight engineer licence, or who holds a licence but does not hold a required rating or endorsement, to act as flight engineer of an aircraft for the purpose of flight training; and (f) to approve a person who does not hold a flight crew licence to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and (g) to assess the standard of knowledge of an applicant for flight engineer licence in any items mentioned in the applicant's knowledge deficiency report. Note: Subpart 61.V sets out certain limitations that apply to all flight engineer licences, and ratings and endorsements on flight engineer licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1400 Limitations on exercise of privileges of flight engineer instructor ratings--general (1) The holder of a flight engineer instructor rating is authorised to exercise the privileges of the rating in an aircraft of a particular type only if the instructor also holds a flight engineer type rating for that type of aircraft. (2) A flight engineer instructor is authorised to conduct flight training for a flight engineer licence or a rating on a flight engineer licence only if the instructor is engaged to conduct the flight training by a Part 141 or 142 operator that is authorised to conduct the flight training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1402 Limitations on exercise of privileges of flight engineer instructor rating--rating granted on basis of transitional provisions (1) This regulation applies to the holder of a flight engineer instructor rating granted on the basis of regulation 202.272 or 202.274. (2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder: (a) has completed an approved course of training in principles and methods of instruction; or (b) holds a Certificate IV in Training and Assessment; or (c) holds a tertiary qualification in teaching. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1405 Limitations on exercise of privileges of flight engineer instructor ratings--endorsements (1) A flight engineer instructor is authorised to conduct an activity mentioned in column 2 of an item in table 61.1430 only if the instructor also holds the flight engineer training endorsement mentioned in column 1 of the item. (2) A flight engineer instructor is authorised to grant an endorsement only if the instructor also holds a training endorsement required to conduct flight training for the endorsement. (3) A flight engineer instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a licence only if the instructor also holds a flight engineer training endorsement that authorises the instructor to provide flight training for the licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1410 Limitations on exercise of privileges of flight engineer instructor ratings--instructor proficiency check (1) The holder of a flight engineer instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check. (2) For subregulation (1), the holder is taken to have a valid instructor proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 24th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a training endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an operator proficiency check that covers operations under the rating, and that is conducted by a flight engineer examiner who holds a flight engineer instructor rating flight test endorsement--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is successfully participating in an operator's training and checking system for an operation under the rating; and (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation; the period during which the holder is successfully participating in the system; (e) if the holder successfully completes an instructor proficiency check--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (f) if: (i) the holder is taken to have a valid instructor proficiency check under any of paragraphs (a) to (e) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes an instructor proficiency check; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check. (4) For paragraphs (2)(e) and (f), the holder successfully completes an instructor proficiency check if: (a) the instructor proficiency check is conducted in an aircraft or an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a flight engineer instructor rating; and (c) the person endorses the holder's licence document to the effect that the holder has completed the instructor proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) a flight engineer examiner; (c) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1415 Requirements for grant of flight engineer instructor ratings (1) An applicant for a flight engineer instructor rating must: (a) hold a flight engineer licence; and (b) meet the requirements for the grant of at least one flight engineer training endorsement. Note: Paragraph (a) is satisfied if the applicant holds a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) passed an examination on the knowledge standards mentioned in the Part 61 Manual of Standards for the flight engineer instructor rating; and (b) completed flight training for the rating; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the flight engineer instructor rating. Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) The applicant must also: (a) have completed an approved course of training in principles and methods of instruction; or (b) hold a Certificate IV in Training and Assessment; or (c) hold a tertiary qualification in teaching. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1420 Obligations of flight engineer instructors--training (1) A flight engineer instructor commits an offence if: (a) the instructor conducts: (i) flight training for a flight engineer type rating or a cruise relief flight engineer type rating; or (ii) differences training; in an aircraft; and (b) regulation 61.205 prohibits the conduct of the training in the aircraft. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1425 Obligations of flight engineer instructors--flight review (1) A flight engineer instructor commits an offence if: (a) the instructor conducts a flight review for the holder of a flight engineer licence or a cruise relief flight engineer type rating; and (b) the holder successfully completes the flight review; and (c) the instructor does not, within 14 days after the day the flight review is successfully completed: (i) endorse the holder's licence document in accordance with subregulation (2); and (ii) give CASA a written notice that complies with subregulation (3). Penalty: 50 penalty units. (2) For subparagraph (1)(c)(i), the following details must be endorsed on the licence document: (a) a statement to the effect that the holder has successfully completed the flight review; (b) the date on which the flight review was successfully completed; (c) the rating for which the flight review was conducted. (3) For subparagraph (1)(c)(ii), the notice must state the following: (a) the holder's name and ARN; (b) that the holder has successfully completed the flight review; (c) the date on which the flight review was successfully completed; (d) the rating for which the flight review was conducted. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1427 Obligations of flight engineer instructors--approval to operate aircraft radio (1) A flight engineer instructor commits an offence if: (a) the instructor approves a person who does not hold a flight crew licence (the student) to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and (b) the student is not qualified for approval. Penalty: 50 penalty units. (2) For paragraph (1)(b), a student is qualified for approval only if: (a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (b) the student has completed an approved course of training in English language proficiency. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1430 Kinds of flight engineer training endorsement The kinds of flight engineer training endorsement are set out in column 1 of table 61.1430. Table 61.1430 Flight engineer training endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements 1 Flight engineer type rating training endorsement (type specific) Conduct flight training for a flight engineer licence Conduct flight training for a flight engineer type rating for the specified aircraft type Conduct flight training for a cruise relief flight engineer type rating on a pilot licence for the specified aircraft type At least 200 hours of flight time as a flight engineer At least 100 hours of flight time as flight engineer of an aircraft of the specified type 2 Flight engineer instructor rating training endorsement Conduct flight training for a flight engineer instructor rating At least 500 hours conducting flight training for the grant of a flight engineer licence or a rating on a flight engineer licence At least 200 hours conducting training for the grant of a flight engineer type rating CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1435 Privileges of flight engineer training endorsements Subject to Subpart 61.V and Division 61.X.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1430 is authorised to conduct the activities mentioned in column 2 of the item. Note: Subpart 61.V sets out certain limitations that apply to all flight engineer licences, and ratings and endorsements on flight engineer licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1440 Requirements for grant of flight engineer training endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.1430 must hold a flight engineer instructor rating. Note: Subregulation (1) is satisfied, in relation to a required rating, if the applicant holds a certificate of validation of a foreign licence, rating or endorsement that is equivalent to the rating: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) met the aeronautical experience requirements mentioned in column 3 of the item; and (b) completed flight training for the endorsement; and (c) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note 1: For paragraph (a), for the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2. Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4. (3) An applicant for a flight engineer type rating training endorsement for a specified aircraft type must also hold the flight engineer type rating for the aircraft type. Note: Subregulation (3) is satisfied, in relation to a required rating, if the applicant holds a certificate of validation of a foreign licence, rating or endorsement that is equivalent to the rating: see item 36 of Part 2 of the Dictionary. Subpart 61.Y --Flight engineer examiner ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1445 Privileges of flight engineer examiner ratings Subject to Subpart 61.V and regulations 61.1455 to 61.1470, a flight engineer examiner is authorised: (a) to conduct flight tests for the grant of: (i) flight engineer licences; and (ii) ratings or endorsements on flight engineer licences; and (iii) cruise relief flight engineer type ratings; and (b) to grant to holders of flight engineer licences: (i) ratings, other than flight engineer examiner ratings; and (ii) endorsements, other than flight engineer examiner rating flight test endorsements; and (c) to grant cruise relief flight engineer type ratings; and (d) to conduct instructor proficiency checks for holders of flight engineer instructor ratings; and (e) to conduct training and checking of holders of flight engineer licences for AOC holders; and (f) to conduct flight training for flight engineer examiner ratings and flight engineer flight test endorsements; and (g) to conduct assessments of aviation English language proficiency. Note: Subpart 61.V sets out certain limitations that apply to all flight engineer licences, and ratings and endorsements on flight engineer licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1455 Limitations on exercise of privileges of flight engineer examiner ratings--endorsements (1) A flight engineer examiner is authorised to conduct a flight test, or grant a rating or endorsement, mentioned in column 2 of an item in Part 1 of table 61.1495 only if the examiner also holds the flight engineer flight test endorsement mentioned in column 1 of the item. (2) A flight engineer examiner is authorised to conduct a flight test for a rating or endorsement only if the examiner: (a) also holds a rating or endorsement of the same kind; or (b) holds an approval under regulation 61.040 to conduct the flight test. (3) A flight engineer examiner is authorised to conduct an instructor proficiency check only if the examiner also holds a flight engineer instructor rating flight test endorsement. (4) A flight engineer examiner is authorised to conduct flight training for a flight engineer examiner rating or flight engineer flight test endorsement only if the examiner also holds a flight engineer examiner rating flight test endorsement. (5) A flight engineer examiner is authorised to conduct an activity mentioned in column 2 of item 4 of table 61.1495 only if the examiner also holds an English language assessment endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1460 Limitations on exercise of privileges of flight engineer examiner ratings--professional development A flight engineer examiner is authorised to exercise the privileges of his or her flight engineer examiner rating only if the examiner has, during the previous 24 months, successfully completed: (a) a professional development program conducted by CASA including the content mentioned in the Part 61 Manual of Standards for the program; or (b) an approved course of professional development conducted by the holder of an approval under regulation 61.040 to conduct the course. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1465 Limitations on exercise of privileges of flight engineer examiner ratings--recent experience A flight engineer examiner is authorised to conduct a flight test in an aircraft of a particular type, or a flight simulation training device that represents an aircraft of a particular type only if the examiner meets the recent experience requirements mentioned in this Part for the exercise of the privileges of a flight engineer licence in an aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1470 Limitations on exercise of privileges of flight engineer examiner ratings--examiner proficiency check (1) The holder of a flight engineer examiner rating is authorised to exercise the privileges of the rating only if the holder has a valid examiner proficiency check. (2) For subregulation (1), the holder is taken to have a valid examiner proficiency check during the following periods: (a) the period from when the holder passes the flight test for the rating to the end of the 24th month after the month in which the holder passes the flight test; (b) if: (i) the holder passes the flight test for a flight engineer examiner endorsement; and (ii) the flight test is conducted more than 6 months after the holder passes the flight test for the rating; the period from when the holder passes the flight test for the endorsement to the end of the 24th month after the month in which the holder passes the flight test for the endorsement; (c) if the holder successfully completes an examiner proficiency check--the period from when the holder successfully completes the check to the end of the 24th month after the month in which the holder successfully completes the check; (d) if: (i) the holder is taken to have a valid examiner proficiency check under any of paragraphs (a) to (c) (the existing check); and (ii) within 3 months before the validity of the existing check expires, the holder successfully completes another examiner proficiency check; the period from when the validity of the existing check expires to the end of the 24th month after the validity of the existing check expires. (3) However, if, at any time, the holder attempts, but does not successfully complete, an examiner proficiency check, the holder is no longer taken to have a valid examiner proficiency check. (4) For paragraphs (2)(c) and (d), the holder successfully completes an examiner proficiency check if: (a) the examiner proficiency check is conducted in an aircraft or an approved flight simulation training device for the proficiency check; and (b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight testing as meeting the standards mentioned in the Part 61 Manual of Standards for a flight engineer examiner rating; and (c) the person endorses the holder's licence document to the effect that the holder has completed the examiner proficiency check on the date stated. (5) For paragraph (4)(b), the persons are as follows: (a) CASA; (b) the holder of an approval under regulation 61.040 to conduct the proficiency check. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1475 Requirements for grant of flight engineer examiner ratings (1) An applicant for a flight engineer examiner rating must: (a) hold: (i) a flight engineer licence; and (ii) a flight engineer instructor rating; and (b) meet the requirements for the grant of at least one flight engineer flight test endorsement. Note: Paragraph (a) is satisfied, in relation to a required licence or rating, if the applicant holds a certificate of validation of a foreign licence, rating or endorsement that is equivalent to the required licence or rating: see item 36 of Part 2 of the Dictionary. (2) The applicant must also have: (a) completed a course of training for the rating that: (i) is conducted by CASA or the holder of an approval under regulation 61.040 to conduct the course; and (ii) includes the content mentioned in the Part 61 Manual of Standards for the course; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the flight engineer examiner rating; and (c) successfully completed an interview conducted by CASA. Note: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (3) For paragraph (2)(c), an applicant successfully completes an interview if he or she satisfies CASA that he or she has the necessary skills and experience to be granted a flight engineer examiner rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1480 Obligations of flight engineer examiners--flight tests: strict liability offences (1) A flight engineer examiner commits an offence if the examiner: (a) conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating; and (b) is not nominated to conduct the flight test: (i) by the applicant's training provider under subregulation 61.245(3); or (ii) by CASA under subregulation 61.245(4). Penalty: 50 penalty units. (2) A flight engineer examiner commits an offence if the examiner: (a) conducts a flight test for a flight engineer licence; and (b) is the person who provided the certification under paragraph 61.235(2)(aa) (Flight tests for flight crew licences and ratings--prerequisites) for the person taking the flight test. Penalty: 50 penalty units. (3) A flight engineer examiner commits an offence if the examiner: (a) conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating; and (b) does not: (i) conduct the flight test in accordance with the standards mentioned in the Part 61 Manual of Standards; and (ii) assess the applicant for the licence or rating against the competency standards mentioned in the Part 61 Manual of Standards for the flight test. Penalty: 50 penalty units. (4) A flight engineer examiner commits an offence if the examiner: (a) conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating; and (b) does not: (i) at the completion of the flight test, advise the applicant and the Part 141 or 142 operator responsible for the applicant's training of the result of the flight test, including the reasons for any failure in an element of the flight test; and (ii) within 14 days after the day the flight test is successfully completed: (A) complete a report, in an approved form, setting out the result of the flight test; and (B) give a completed copy of the report to the applicant, the Part 141 or 142 operator and CASA. Penalty: 50 penalty units. (5) A flight engineer examiner commits an offence if the examiner: (a) conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating; and (b) has not notified CASA of the examiner's intention to conduct the flight test at least 24 hours before conducting the flight test. Penalty: 50 penalty units. (6) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1485 Obligations of flight engineer examiners--flight tests: other offences (1) A flight engineer examiner commits an offence if: (a) the examiner conducts a flight test for a flight engineer licence; and (b) when the test begins, the examiner is not satisfied that the applicant: (i) is at least the minimum age to hold the licence; and (ii) has passed the aeronautical knowledge examination for the licence; and (iii) has met the flight training requirements for the grant of the licence; and (iv) has met the aeronautical experience requirements for the licence; and (v) has a current aviation English language proficiency assessment. Penalty: 50 penalty units. (2) A flight engineer examiner commits an offence if: (a) the examiner conducts a flight test for a rating on a flight engineer licence or a cruise relief flight engineer type rating; and (b) when the test begins, the examiner is not satisfied that the applicant: (i) has passed the aeronautical knowledge examination for the rating; and (ii) has met the flight training requirements for the grant of the rating; and (iii) has met the aeronautical experience requirements for the rating. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1490 Obligations of flight engineer examiners--proficiency checks (1) A flight engineer examiner commits an offence if: (a) the examiner conducts an instructor proficiency check for the holder of a flight engineer licence; and (b) the holder successfully completes the proficiency check; and (c) the examiner does not, within 14 days after the day the holder successfully completes the proficiency check: (i) endorse the holder's licence document in accordance with subregulation (2); and (ii) give CASA a written notice that complies with subregulation (3). Penalty: 50 penalty units. (2) For subparagraph (1)(c)(i), the following details must be endorsed on the licence document: (a) a statement to the effect that the holder has successfully completed the proficiency check; (b) the date on which the proficiency check was successfully completed. (3) For subparagraph (1)(c)(ii), the notice must state the following: (a) the holder's name and ARN; (b) that the holder has successfully completed the proficiency check; (c) the date on which the proficiency check was successfully completed; (d) if the proficiency check was conducted in an aircraft--the aircraft's nationality and registration marks; (e) if the proficiency check was conducted in a flight simulator--the identifying number for the flight simulator stated on its flight simulator qualification certificate. (3A) A flight engineer examiner commits an offence if: (a) the examiner conducts an instructor proficiency check; and (b) the examiner has not notified CASA of the examiner's intention to conduct the proficiency check at least 24 hours before conducting the proficiency check; and (c) the examiner does not hold, under regulation 61.040, an approval to conduct the proficiency check without notifying CASA of his or her intention to conduct the proficiency check. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1495 Kinds of flight engineer examiner endorsement The kinds of flight engineer examiner endorsement are set out in column 1 of table 61.1495. Table 61.1495 Flight engineer examiner endorsements Item Column 1 Endorsement Column 2 Activities authorised Column 3 Requirements Part 1--Flight engineer flight test endorsements 1 Flight engineer type rating flight test endorsement (type specific) Conduct flight test for a flight engineer licence Conduct flight test for the specified flight engineer type rating Conduct flight test for the cruise relief flight engineer type rating for the specified aircraft type Flight engineer type rating training endorsement 2 Flight engineer instructor rating flight test endorsement Conduct flight test for a flight engineer instructor rating or flight engineer training endorsement Flight engineer instructor rating training endorsement 3 Flight engineer examiner rating flight test endorsement Conduct flight test for a flight engineer examiner rating or flight engineer flight test endorsement Part 2--Other flight engineer examiner endorsements 4 English language assessment endorsement (flight engineer) Conduct a level 6 aviation English language proficiency assessment Conduct a general English language proficiency assessment CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1500 Privileges of flight engineer examiner endorsements Subject to Subpart 61.V and Division 61.Y.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1495 is authorised to conduct the activities mentioned in column 2 of the item. Note: Subpart 61.V sets out certain limitations that apply to all flight engineer licences, and ratings and endorsements on flight engineer licences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1505 Requirements for grant of flight engineer examiner endorsements (1) An applicant for an endorsement mentioned in column 1 of an item in table 61.1495 must hold: (a) a flight engineer examiner rating; and (b) the endorsement (if any) mentioned in column 3 of the item. Note: Paragraph (a) is satisfied, in relation to a required rating or endorsement, if the applicant holds a certificate of validation of a foreign licence, rating or endorsement that is equivalent to the required rating or endorsement: see item 36 of Part 2 of the Dictionary. (2) An applicant for an endorsement mentioned in column 1 of an item in Part 1 of table 61.1495 must also have: (a) completed a course of training for the endorsement that: (i) is conducted by CASA or the holder of an approval under regulation 61.040 to conduct the course; and (ii) includes the content mentioned in the Part 61 Manual of Standards for the course; and (b) passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement. Note: For paragraph (b), for the conduct of flight tests, see Division 61.B.4. (3) An applicant for an English language assessment endorsement must also have: (a) completed training in the assessment of aviation English language proficiency to the ICAO standards conducted by CASA or the holder of an approval under regulation 61.040 to conduct the training; and (b) been assessed by CASA or the approval holder as competent to assess aviation English language proficiency to the ICAO standards; and (c) successfully completed an interview conducted by CASA or the holder of an approval under regulation 61.040 to conduct the interview. (4) For paragraph (3)(c), an applicant successfully completes an interview if the applicant satisfies CASA or the approval holder that he or she understands the standards for assessment of aviation English language proficiency. Subpart 61.Z --Glider pilot licences Note: Subpart 61.E does not apply to glider pilot licences: see the definition of pilot licence in regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1510 Privileges of glider pilot licences Subject to regulations 61.1515 to 61.1535, the holder of a glider pilot licence is authorised: (a) to pilot a glider or motorised glider as pilot in command; and (b) to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation. Note: For paragraph (a), a person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1515 Limitations on exercise of privileges of glider pilot licences--general (1) The holder of a glider pilot licence is authorised to conduct an activity in the exercise of the privileges of the licence only if the activity is conducted in accordance with: (a) the operations manual of a recreational aviation administration organisation that administers glider activities; or (b) an approval, held by the holder, under regulation 61.040 for this paragraph. (2) The holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider of a particular kind only if the holder: (a) has received training in the operation of gliders or motorised gliders of that kind; and (b) has been assessed as competent to operate a glider or motorised glider of that kind. (3) The holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider in a flight that begins with a launch using a particular method only if the holder: (a) has received training in the launching method; and (b) has been assessed as competent to pilot a glider using the launching method. (4) For subregulations (2) and (3), the training and assessment must be conducted by: (a) a person authorised by a recreational aviation administration organisation that administers glider activities to conduct training and assessment in a glider or motorised glider; or (b) the holder of an approval under regulation 61.040 to conduct the training and assessment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1520 Limitations on exercise of privileges of glider pilot licences--recent experience The holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider carrying a passenger only if the holder meets the recent experience requirements mentioned in the operations manual of the organisation that granted the certificate mentioned in subregulation 61.1540(2) to the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1525 Limitations on exercise of privileges of glider pilot licences--flight review (1) The holder of a glider pilot licence is authorised to exercise the privileges of the licence only if the holder has, within the previous 24 months, successfully completed a flight review for the licence. (2) The holder is taken to meet the requirements of subregulation (1) if the holder was granted the licence within the previous 24 months. (3) For subregulation (1), successful completion of a flight review requires: (a) demonstration, to the holder of an approval under regulation 61.040 to conduct the flight review, that the holder is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the licence; or (b) successful completion of the flight review requirements of a recreational aviation administration organisation that administers glider activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1530 Limitations on exercise of privileges of glider pilot licences--medical certificates The holder of a glider pilot licence is authorised to pilot a glider or motorised glider as pilot in command only if the holder also holds: (a) a class 1 or 2 medical certificate; or (b) a medical exemption for the exercise of the privileges of the licence. Note: A licence holder must not exercise the privileges conferred by his or her licence and rating during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1535 Limitations on exercise of privileges of glider pilot licences--carriage of documents The holder of a glider pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the following documents on the flight: (a) his or her licence document; (b) unless the holder holds a medical exemption for the exercise of the privileges of the licence--his or her medical certificate; (ba) if the holder holds a medical exemption for the exercise of the privileges of the licence--a copy of the exemption; (c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders: (i) that was issued within the previous 10 years by the government, or a government authority, of: (A) the Commonwealth or a State or Territory; or (B) a foreign country, or a state or province (however described) of a foreign country; and (ii) that has not expired or been cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 61.1540 Requirements for grant of glider pilot licences (1) An applicant for a glider pilot licence must be at least 16. (2) The applicant must hold a pilot certificate that: (a) is granted by a recreational aviation administration organisation that administers glider activities; and (b) is granted on the basis of the applicant meeting competency standards that are at least equivalent to the competency standards for the glider pilot licence mentioned in the Part 61 Manual of Standards; and (c) permits the holder to pilot a glider or motorised glider, as pilot in command. (3) The applicant must also have aeronautical experience that includes: (a) at least 6 hours of flight time in a glider or motorised glider; and (b) at least 2 hours of solo flight time in a glider or motorised glider; and (c) at least 20 launches, and at least 20 landings, as pilot of a glider or motorised glider. Note: For the determination of a person's flight time and other aeronautical experience, see Division 61.A.2. Part 64 --Authorisations for non-licensed personnel Table of contents Subpart 64.A -- Preliminary 64.005 What Part 64 is about 64.010 Definitions for Part 64 64.012 Approvals by CASA for Part 64 Subpart 64.B -- Transmission on aeronautical radio frequencies 64.015 Eligibility for aeronautical radio operator certificate 64.020 Obligation of assessor to ensure training is completed 64.025 Applying for aeronautical radio operator certificate 64.030 Grant of aeronautical radio operator certificate 64.035 Holder of aeronautical radio operator certificate may operate radio 64.040 Person undergoing training or assessment may operate radio Subpart 64.C -- Taxiing aeroplanes 64.045 Persons who may taxi aeroplanes--general 64.050 Persons who may taxi aeroplanes--persons undergoing training or assessment 64.055 Grant of certificate of competency to taxi aeroplanes of a class or covered by a type rating 64.060 Production of certificate of competency Subpart 64.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.005 What Part 64 is about This Part sets out requirements that persons other than holders of flight crew licences must satisfy to: (a) transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; or (b) taxi an aeroplane. Note 1: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. Note 2: A person is prohibited from taxiing an aircraft unless the person is qualified to do so: see regulation 229 of CAR. Note 3: Under Part 61, holders of flight crew licences are authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation, or to taxi an aeroplane, in certain circumstances and people receiving training for a flight crew licence are authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation in certain circumstances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.010 Definitions for Part 64 In this Part: " aeronautical radio operator certificate " means a certificate granted under regulation 64.030. " certificate of competency "means a certificate granted under regulation 64.055. " class ": each of the following is a class of aeroplane: (a) single-engine aeroplane; (b) multi-engine aeroplane. " equivalent ": a foreign qualification is equivalent to an authorisation granted under this Part or Part 61 (an Australian authorisation) if it allows the holder to conduct substantially the same activities as the activities authorised by the Australian authorisation. " foreign qualification " means a qualification issued under the law of a Contracting State. " taxiing ", for an aeroplane, means manoeuvring on the surface of an aerodrome under the aeroplane's own power except when taking off or landing. " type rating ": see regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.012 Approvals by CASA for Part 64 (1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA for the approval . (2) Subject to regulation 11.055, CASA must grant the approval. (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation. Subpart 64.B --Transmission on aeronautical radio frequencies CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.015 Eligibility for aeronautical radio operator certificate Person trained and assessed against Part 61 Manual of Standards (1) A person is eligible for the grant of an aeronautical radio operator certificate if the person: (a) is at least 17; and (b) has received the training mentioned in subregulation (2) from a person or body mentioned in subregulation (3); and (c) has been assessed by a person mentioned in subregulation (4) as meeting the competency standards specified in the Part 61 Manual of Standards for the operation of an aeronautical radio; and (d) has a current aviation English language proficiency assessment. (2) For paragraph (1)(b), the training is training in the operation of an aeronautical radio to the standards specified in the Part 61 Manual of Standards for the operation of an aeronautical radio. (3) For paragraph (1)(b), the persons and bodies are the following: (a) a pilot instructor who holds a training endorsement that authorises the instructor to conduct flight training for a pilot licence or flight crew rating; (b) a registered training organisation whose scope of registration covers the training mentioned in subregulation (2); (c) the holder of an approval under regulation 64.012 for this paragraph. (4) For paragraph (1)(c), the persons are the following: (a) CASA; (b) a flight examiner; (c) a pilot instructor who holds a training endorsement that authorises the instructor to conduct flight training for a pilot licence or flight crew rating; (d) the holder of an approval under regulation 64.012 for this paragraph. Holder of equivalent foreign qualification (5) A person is eligible for the grant of an aeronautical radio operator certificate if: (a) the person is at least 17; and (b) the person holds a foreign qualification that is equivalent to: (i) a private pilot licence, commercial pilot licence, multi-crew pilot licence, air transport pilot licence or flight engineer licence; or (ii) a recreational pilot licence with a flight radio endorsement; or (iii) an aeronautical radio operator certificate; and (c) either: (i) the qualification includes a statement to the effect that the person meets an ICAO English language proficiency standard equivalent to the ICAO level 4, 5 or 6 aviation English language proficiency standard specified in the Part 61 Manual of Standards; or (ii) the person has a current aviation English language proficiency assessment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.020 Obligation of assessor to ensure training is completed (1) This regulation applies to a flight examiner, pilot instructor or approval holder (the assessor) who conducts an assessment of a person for paragraph 64.015(1)(c). (2) The assessor commits an offence if the assessor is not satisfied, before conducting the assessment, that the person has completed the training mentioned in subregulation 64.015(2). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.025 Applying for aeronautical radio operator certificate (1) A person may apply, in writing, to CASA for the grant of an aeronautical radio operator certificate. (2) If the applicant is relying on the training and assessment mentioned in subregulation 64.015(1), the application must be accompanied by evidence of the applicant's aviation English language proficiency assessment. (3) If the applicant is relying on a foreign qualification, the application must be accompanied by: (a) a certified true copy of the qualification; and (b) unless the qualification includes a statement to the effect that the person meets the ICAO level 4, 5 or 6 aviation English language proficiency standard--evidence of the applicant's ICAO English language proficiency assessment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.030 Grant of aeronautical radio operator certificate Subject to regulation 11.055, CASA must grant the certificate if satisfied that the applicant is eligible for the grant of the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.035 Holder of aeronautical radio operator certificate may operate radio (1) The holder of an aeronautical radio operator certificate is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation. (2) However, the holder is authorised to make the transmission only if the holder has a current aviation English language proficiency assessment. (3) Subregulation (2) does not apply to the holder of a certificate that was granted on the basis of regulation 202.304. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.040 Person undergoing training or assessment may operate radio A person who does not hold an aeronautical radio operator certificate is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the transmission is made: (a) for the purpose of receiving training or assessment in the use of an aeronautical radio; and (b) under the direct supervision of a person mentioned in subregulation 64.015(3) or (4). Subpart 64.C --Taxiing aeroplanes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.045 Persons who may taxi aeroplanes--general (1) A person is authorised to taxi an aeroplane of a particular class, or covered by a particular type rating, at an aerodrome if: (a) the person is at least 17; and (b) the person holds a certificate of competency to taxi an aeroplane of the class, or covered by the type rating, that was issued in the previous 5 years; and (c) the person has received instruction from a person mentioned in subregulation (2) on the layout and operating procedures of the aerodrome; and (d) the person: (i) is the operator of the aeroplane; or (ii) has permission to taxi the aeroplane from the operator of the aeroplane; or (iii) has permission to taxi the aeroplane from a person permitted by these Regulations, and engaged by the operator of the aeroplane or the operator's continuing airworthiness management organisation, to carry out maintenance on the aeroplane; and (e) for an aerodrome mentioned in subregulation (3)--the person holds an aeronautical radio operator certificate. (2) For paragraph (1)(c), the persons are the following: (a) the operator of the aerodrome; (b) the operator of the aeroplane; (c) any other person (including the holder of a flight crew licence) with knowledge of the layout and operating procedures of the aerodrome. (3) For paragraph (1)(e), the aerodromes are the following: (a) a controlled aerodrome; (b) a certified aerodrome; (c) a registered aerodrome; (d) a military aerodrome; (e) an aerodrome that is specified as a designated non-controlled aerodrome in a legislative instrument under regulation 166D of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.050 Persons who may taxi aeroplanes--persons undergoing training or assessment (1) A person is authorised to taxi an aeroplane of a particular class, or covered by a particular type rating, at an aerodrome if the person: (a) is receiving training in taxiing aeroplanes of the class or covered by the type rating; or (b) is being assessed against the competency standards specified in the Part 61 Manual of Standards for taxiing aeroplanes of the class or covered by the type rating. (2) However, the person is authorised to taxi the aeroplane only under the direct supervision of a person who is authorised under regulation 64.045 or Part 61 to taxi the aeroplane at the aerodrome. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.055 Grant of certificate of competency to taxi aeroplanes of a class or covered by a type rating (1) A person may apply, in writing, to a person mentioned in subregulation (4) (a granting body) for the grant of a certificate of competency for taxiing aeroplanes of a particular class, or covered by a particular type rating. (2) Subject to regulation 11.055, the granting body must grant the certificate if satisfied that the applicant meets the competency standards specified in the Part 61 Manual of Standards for taxiing aeroplanes of the class, or covered by the type rating. (3) The certificate of competency must: (a) state the following: (i) each class or type rating for which the person meets the competency standards; (ii) the date on which it is issued; and (b) be signed by the granting body. (4) For subregulation (1), the persons are the following: (a) CASA; (b) a flight examiner; (c) a pilot instructor who is authorised under Part 61 to conduct flight training for aeroplanes of the class, or covered by the type rating; (d) the holder of an approval under regulation 64.012 for this paragraph. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 64.060 Production of certificate of competency (1) CASA may direct a person who holds a certificate of competency to produce the certificate for inspection by CASA. (2) The person commits an offence if the person does not comply with the direction within 7 days after the day the direction is given. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. Part 65 --Air traffic services licensing Table of contents Subpart 65.A -- General 65.005 Applicability of this Part 65.010 Definitions for this Part 65.015 Meaning of successful completion of training 65.020 Effect of ATS provider's failure to comply with this Part 65.025 How to satisfy recency requirement 65.030 How to satisfy currency requirement 65.033 Issue of Manual of Standards Subpart 65.B -- Authority to act in air traffic control and flight service 65.035 Authority to carry out air traffic control function 65.040 Rules applicable when a person performs ATC function under supervision 65.045 Offences -- carrying out ATC function without authority 65.050 Authority to carry out flight service function 65.055 Rules applicable when a person performs flight service function under supervision 65.060 Offences -- carrying out flight service function without authority 65.065 Authority to use ground-based radio equipment Subpart 65.C -- Licensing Division 65.C.1 -- Air traffic controller licensing 65.070 Eligibility for grant of ATC licence 65.075 Air traffic controller ratings 65.080 Grant of rating on ATC licence 65.085 Grant of endorsement on ATC licences 65.090 ATS provider's obligation to provide currency and recency training and assessment 65.095 Ancillary qualifications 65.100 Conduct of practical training 65.105 Conduct of examinations 65.110 Duration of ATC licence 65.115 Periods of validity of ratings and endorsements 65.120 Periods of validity of ATC qualifications Division 65.C.2 -- Flight service officer licensing 65.125 Eligibility for grant of flight service licence 65.130 Flight service ratings 65.135 Maintenance of ratings on flight service licence 65.140 Endorsements on flight service licences 65.145 Ancillary qualifications 65.150 Conduct of training 65.155 Conduct of examinations 65.160 Duration of flight service licence 65.165 Periods of validity of rating and endorsement 65.170 Period of validity of flight service qualification Subpart 65.E -- Administrative functions Division 65.E.1 -- Grant of licences 65.175 Definitions for this Subpart 65.180 How to apply 65.185 Who to apply to 65.190 Application for licence cancelled previously 65.195 Other things CASA can ask individual applicant to do -- test or interview 65.200 Other things CASA can ask applicant to do -- provide more information 65.205 Statutory declarations to verify applications 65.215 Matters that CASA may or must take into account 65.220 Statutory declarations to verify statements in submissions 65.225 When CASA must grant a licence 65.230 When decision must be made 65.235 Notice of decision 65.240 When licence comes into effect 65.245 Licence document Division 65.E.2 -- Ongoing proficiency and medical testing 65.250 Re-examination or re-assessment of licence or qualification holder Division 65.E.3 -- Suspension and cancellation of licences 65.255 Provisional suspension of licence pending examination or assessment 65.260 Provisional suspension of licence etc during investigation 65.265 Show cause procedure 65.270 CASA's powers in respect of licence etc 65.275 Choice between cancellation and suspension 65.280 Procedure for decision 65.285 Effect of suspension or provisional suspension of authorisation Subpart 65.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.005 Applicability of this Part (1) This Part applies to the performance of functions in connection with providing air traffic services (within the meaning of Annex 11 to the Chicago Convention) in Australian territory. (2) However, this Part does not apply to a person who is providing an air traffic service in the course of his or her duties for the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.010 Definitions for this Part In this Part: " currency requirement " means the requirement referred to in regulation 65.030. " Manual of Standards " means the document called 'Manual of Standards (MOS) - Part 65' issued by CASA under regulation 65.033, as in force from time to time. " recency requirement " means the requirement referred to in regulation 65.025. Note: Air traffic control function means a function described in a paragraph of subregulation 65.075(2); flight service function means the function described in subregulation 65.130(2)--see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.015 Meaning of successful completion of training For this Part, a person has successfully completed training for a licence, rating, endorsement or qualification only if: (a) he or she has passed (to the standard required by the Manual of Standards) any examination required by that Manual; and (b) he or she has successfully completed (to the standard required by that Manual) any practical performance assessment so required. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.020 Effect of ATS provider's failure to comply with this Part A failure by an ATS provider to comply with a requirement of or under this Part is not an offence but may be taken into account in deciding whether or not the provider's certificate should be suspended or revoked. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.025 How to satisfy recency requirement (1) The holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time if he or she has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days. (2) If an ATS provider specifies in its operations manual that 2 or more endorsements are of like type for this regulation, a licence holder who performed the duties of any of those endorsements for a total of at least 5 hours within the previous 21 days also satisfies the recency requirement. (3) A licence holder who does not satisfy the recency requirement at a particular time in relation to an endorsement is taken to satisfy that requirement at a later time after: (a) he or she: (i) has carried out the relevant function at that aerodrome, or in relation to that airspace, under supervision for at least 1 normal working day for each month that has passed since he or she last performed the function at that aerodrome or in relation to that airspace; or (ii) has undergone any retraining required by the relevant ATS provider's operations manual; and (b) he or she has been assessed by the ATS provider as competent in performing the function at that aerodrome or in relation to that airspace. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.030 How to satisfy currency requirement (1) The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to an endorsement at a particular time if: (a) within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject-matter specific to the endorsement; and (b) within the previous 6 months, his or her performance of the relevant function at the aerodrome, or in relation to the airspace, to which the endorsement relates, has been assessed as satisfactory. (2) The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to a rating at a particular time if, within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject-matter specific to the rating. (3) The examination and assessment must be carried out in accordance with any relevant requirements and standards in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.033 Issue of Manual of Standards (1) CASA may issue a Manual of Standards for this Part that provides for the following matters: (a) the form and classification of a licence, rating, endorsement or qualification that is granted for this Part (an ATS authorisation); (b) the requirements for, and standards to be met by, an applicant for, and the holder of, an ATS authorisation; (c) the requirements and standards for training, tests and examinations for ATS authorisations; (d) the duration of an ATS authorisation and the procedure for the renewal of an ATS authorisation; (e) any matter required or permitted by these Regulations to be provided for by the Manual of Standards; (f) any matter necessary or convenient to be provided for the effective operation of this Part. Note: A Manual of Standards is a legislative instrument--see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making. (2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS provider. Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS. Subpart 65.B -- Authority to act in air traffic control and flight service CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.035 Authority to carry out air traffic control function (1) A person may carry out an air traffic control function in Australian territory if, at the time the person carries out the function: (a) he or she holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and (b) the licence, rating and endorsement are in force; and (c) he or she: (i) satisfies the recency and currency requirements in relation to the endorsement; and (ii) satisfies the currency requirement in relation to the rating; and (d) he or she holds a Class 3 medical certificate. (2) A person to whom subregulation (3) applies may carry out an air traffic control function in Australian territory under the supervision of a person who meets the requirements of subregulation (1). (3) This subregulation applies to each of the following persons: (a) a person who CASA has authorised in writing to carry out the relevant function; (b) a person who: (ia) holds a Class 3 medical certificate; and (i) holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but (ii) at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement; (c) a person who: (i) holds an ATC licence; and (ia) holds a Class 3 medical certificate; and (ii) carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time); (d) a person (other than a person who held an ATC licence that has been cancelled) who: (i) has completed an approved course of training in the theory of air traffic control; and (ia) holds a Class 3 medical certificate; and (ii) carries out the function in the course of undergoing practical training for an ATC licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.040 Rules applicable when a person performs ATC function under supervision (1) If a person to whom subregulation 65.035(3) applies (the trainee) is carrying out an air traffic control function under the supervision of a person who meets the requirements of subregulation 65.035(1) (the supervisor), this regulation applies. (2) The trainee must comply with the supervisor's directions. Penalty: 25 penalty units. (3) Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor's ATC licence should be suspended or cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.045 Offences--carrying out ATC function without authority (1) A person who is not authorised to do so by subregulation 65.035(1) or (2) must not carry out an air traffic control function in Australian territory. Penalty: 25 penalty units. (2) A person to whom subregulation 65.035(3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.035(1). Penalty: 25 penalty units. (3) Strict liability applies to the following physical elements: (a) in subregulation (1)--that the person is not authorised by subregulation 65.035(1) or (2); (b) in subregulation (2)--that the person under whose supervision the air traffic control function is carried out is a person who meets the requirements of subregulation 65.035(1). Note: For strict liability, see section 6.1 of the Criminal Code. (4) It is a defence to a charge of contravening subregulation (1) or (2) that the relevant action was, in the circumstances, reasonable in the interests of the safety of air navigation. Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.050 Authority to carry out flight service function (1) A person may carry out a flight service function in Australian territory if, at the time he or she carries out the function: (a) he or she holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and (b) the licence, rating and endorsement are in force; and (c) he or she: (i) satisfies the recency and currency requirements in relation to the endorsement; and (ii) satisfies the currency requirement in relation to the rating; and (d) he or she holds a Class 3 medical certificate. (2) A person to whom subregulation (3) applies may carry out a flight service function in Australian territory under the supervision of a person who meets the requirements of subregulation (1). (3) This subregulation applies to each of the following persons: (a) a person who CASA has authorised in writing to carry out the function; (b) a person who: (ia) holds a Class 3 medical certificate; and (i) holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but (ii) at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement; (c) a person who: (i) holds a flight service licence; and (ia) holds a Class 3 medical certificate; and (ii) carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time); (d) a person (other than a person who held a flight service licence that has been cancelled) who: (i) has completed an approved course of training in the theory of flight service; and (ia) holds a Class 3 medical certificate; and (ii) carries out the function in the course of undergoing practical training for a flight service licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.055 Rules applicable when a person performs flight service function under supervision (1) If a person to whom subregulation 65.050(3) applies (the trainee) is carrying out a flight service function under the supervision of a person who meets the requirements of subregulation 65.050(1) (the supervisor), this regulation applies. (2) The trainee must comply with the supervisor's directions. Penalty: 25 penalty units. (3) Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor's flight service licence should be suspended or cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.060 Offences--carrying out flight service function without authority (1) A person who is not authorised to do so by subregulation 65.050(1) or (2) must not carry out a flight service function in Australian territory. Penalty: 25 penalty units. (2) A person to whom subregulation 65.050(3) applies must not carry out a flight service function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.050(1). Penalty: 25 penalty units. (3) Strict liability applies to the following physical elements: (a) in subregulation (1)--that the person is not authorised by subregulation 65.050(1) or (2); (b) in subregulation (2)--that the person under whose supervision the flight service function is carried out is a person who meets the requirements of subregulation 65.050(1). Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.065 Authority to use ground-based radio equipment (1) A person to whom subregulation (2) applies is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the transmission is made: (a) for the purpose of performing an air traffic control function or a flight service function; and (b) using a radiocommunication system that is not installed in or carried on an aircraft. (2) This subregulation applies to the following: (a) a person who may, under regulation 65.035, carry out an air traffic control function or, under regulation 65.050, carry out a flight service function in Australian territory; (b) a person who is engaged by an ATS provider (whether or not as an employee), and who is acting in the course of his or her duties. (3) For paragraph (2)(b), ATS provider means an ATS provider, within the meaning given by regulation 172.015, that is approved to provide a flight information service. Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR. Subpart 65.C --Licensing Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for a rating or endorsement on an ATC licence or flight service licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.070 Eligibility for grant of ATC licence (1) A person is eligible to be granted an ATC licence if he or she: (a) has turned 18; and (b) holds a Class 3 medical certificate; and (c) has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, a rating and an endorsement; and (e) speaks English clearly, and understands spoken English, to a standard that allows clear spoken two-way communication in the course of performing an air traffic control function. (3) A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraph (1)(e) is, in the absence of contrary evidence, sufficient evidence of that fact. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.075 Air traffic controller ratings (1) The air traffic controller ratings for Australia are the following: (a) aerodrome control rating; (b) approach control rating; (c) approach radar control rating; (d) area control rating; (e) area radar control rating. Note: The air traffic controller ratings are specified in section 4.4 of Annex 1, Personnel Licensing, to the Chicago Convention. Not all the ratings specified there are in use in Australia. (2) The function of an ATC licence holder who holds a particular rating is as follows: (a) if the rating is an aerodrome control rating--to provide, or supervise the provision of, aerodrome control service (including traffic information, flight information and alerting services) for the aerodrome for which the licence holder holds an endorsement; (b) if the rating is an approach control rating--to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement; (c) if the rating is an approach radar control rating--to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement; (d) if the rating is an area control rating--to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement; (e) if the rating is an area radar control rating--to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.080 Grant of rating on ATC licence (1A) A person may apply to CASA, in writing, for an air traffic controller rating. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (1) Subject to regulation 11.055, CASA must grant a rating to an applicant who: (a) is eligible to be granted an ATC licence; and (b) successfully completes the training required by the Manual of Standards for the grant of the rating. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, a rating; or (b) a decision imposing a condition on a rating. (2) An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain ratings appropriate to their duties. (3) That program must be in accordance with any standards and requirements set out in the Manual of Standards. (4) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.085 Grant of endorsement on ATC licences (1) An endorsement certifies that an ATC licence holder is competent to perform a particular air traffic control function at a particular aerodrome, or in relation to particular airspace. (1A) A person may apply to CASA, in writing, for an endorsement on an ATC licence. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (2) Subject to regulation 11.055, CASA must grant an endorsement to an applicant who: (a) is eligible to be granted an ATC licence with a rating; and (b) successfully completes the training required by the Manual of Standards for the grant of the endorsement. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, an endorsement; or (b) a decision imposing a condition on an endorsement. (3) An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain endorsements appropriate to their duties. (4) That program must be in accordance with any standards and requirements set out in the Manual of Standards. (5) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.090 ATS provider's obligation to provide currency and recency training and assessment (1) An ATS provider must set up and maintain, in accordance with the Manual of Standards, programs for: (a) continuing assessment of its employees' competency for the purposes of ensuring that they continue to satisfy the currency requirements in relation to ratings and endorsements; and (b) familiarisation, retraining and assessment of any of its employees who at any time do not satisfy the currency or recency requirement in relation to an endorsement. (2) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.095 Ancillary qualifications (1) An ATC qualification certifies that the holder is competent to perform a particular ancillary function. (2) The functions include the following: (a) classroom instructor; (b) on-the-job instructor; (c) workplace assessor. (3) Within the limits set out in the Manual of Standards, an ATS provider may define, for the provider's organisation, the responsibilities of the holder of an ATC qualification mentioned in paragraph (2)(a), (b) or (c). (4) Subregulation (3) does not prevent an ATS provider defining an ancillary function for use within its own organisation. (5) An ATS provider must set up and maintain a program to grant ATC qualifications to, and administer ATC qualifications held by, its employees. (6) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. (7) The program must be in accordance with the standards and requirements set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.100 Conduct of practical training An ATS provider must ensure that practical training carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with: (a) the standards and requirements set out in the Manual of Standards; and (b) the provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.105 Conduct of examinations An ATS provider must ensure that an examination or assessment carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with: (a) the standards and requirements set out in the Manual of Standards; and (b) the provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.115 Periods of validity of ratings and endorsements (1) Unless sooner cancelled, a rating on an ATC licence is valid for 12 months or until the licence is cancelled. (2) Unless sooner cancelled, an endorsement on an ATC licence remains valid: (a) for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or (b) if the licence is cancelled before that time--until the licence is cancelled; or (c) if the rating with which the endorsement is connected is cancelled before that time--until the rating is cancelled; or (d) until the licence holder ceases to be employed by that ATS provider. (3) For paragraph (2)(c), an endorsement is connected with a rating if the endorsement authorises the performance, at a particular aerodrome or in relation to particular airspace, of the function of a holder of the rating. Note: For the function of the holder of each kind of rating, see subregulation 65.075(2). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.120 Periods of validity of ATC qualifications (1) Unless sooner cancelled, an ATC qualification remains valid: (a) for the period specified by the ATS provider or ATS training provider that granted it; or (b) if any ATC licence, rating or endorsement on which it is dependent, is cancelled before that time--until the licence, rating or endorsement is cancelled; or (c) until the holder ceases to be employed by that ATS provider or ATS training provider. (2) For paragraph (1)(b), an ATC qualification is dependent on a particular licence, rating or endorsement if the ATS provider or ATS training provider that grants the qualification so specifies. (3) A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.125 Eligibility for grant of flight service licence (1) A person is eligible to be granted a flight service licence with a traffic information service rating if he or she: (a) has turned 18; and (b) holds a Class 3 medical certificate; and (c) has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, the rating and an endorsement; and (e) speaks English clearly, and understands spoken English, to a standard that allows clear spoken two-way communication in the course of performing a flight service function. (3) A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraph (1)(e) is, in the absence of contrary evidence, sufficient evidence of that fact. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.130 Flight service ratings (1A) A person may apply to CASA, in writing, for a traffic information service rating. Note 1: The traffic information service rating is the only flight service rating for Australia. Note 2: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (1) Subject to regulation 11.055, CASA must grant a rating to an applicant who: (a) is eligible to be granted a flight service licence with a traffic information service rating; and (b) successfully completes the training required by the Manual of Standards for the grant of the rating. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, a rating; or (b) a decision imposing a condition on a rating. (2) The function of a flight service licence holder holding a traffic information service rating is to provide, or supervise the provision of, a traffic and flight information and alerting service for the flight information area for which the licence is endorsed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.135 Maintenance of ratings on flight service licence (1) An ATS provider must set up and maintain a program to ensure that its employees who hold flight service licences hold traffic information service ratings. (2) The provider must include details of that program, including necessary training and tests of competency, in its operations manual. (3) That program must be in accordance with the standards and requirements set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.140 Endorsements on flight service licences (1AA) A person may apply to CASA, in writing, for an endorsement on a flight service licence. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (1A) Subject to regulation 11.055, CASA must grant an endorsement to an applicant who: (a) is eligible to be granted a flight service licence with a traffic information service rating; and (b) successfully completes the training required by the Manual of Standards for the grant of the endorsement. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, an endorsement; or (b) a decision imposing a condition on an endorsement. (1) An endorsement on a flight service licence certifies that the licence holder is competent to perform a flight service function in relation to an aerodrome or particular airspace. (2) An ATS provider must set up and maintain a program to grant and administer endorsements on flight service licences held by its employees. (3) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. (4) The program must be in accordance with the standards and requirements set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.145 Ancillary qualifications (1) A flight service qualification certifies that the holder is competent to perform a particular ancillary function. (2) The functions are the following: (a) classroom instructor; (b) on-the-job instructor; (c) workplace assessor. (3) Within the limits set by the Manual of Standards, an ATS provider may define, for the provider's organisation, the responsibilities of the holder of a flight service qualification mentioned in paragraph (2)(a), (b) or (c). (4) Subregulation (1) does not prevent an ATS provider defining an ancillary function for use within its own organisation. (5) An ATS provider must set up and maintain a program to grant flight service qualifications to, and administer flight service qualifications held by, its employees. (6) The provider must include details of the program, including necessary training and tests of competency, in its operations manual. (7) The program must be in accordance with the standards and requirements set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.150 Conduct of training An ATS provider must ensure that training carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with: (a) the standards and requirements set out in the Manual of Standards; and (b) the provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.155 Conduct of examinations An ATS provider must ensure that an examination carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with: (a) the standards and requirements set out in the Manual of Standards; and (b) the provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.165 Periods of validity of rating and endorsement (1) Unless sooner cancelled, a rating on a flight service licence is valid for 12 months or until the licence is cancelled or ceases to be valid. (2) Unless sooner cancelled, an endorsement on a flight service licence remains valid: (a) for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or (b) if the licence is cancelled before that time--until the licence is cancelled; or (c) until the licence holder ceases to be employed by that ATS provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.170 Period of validity of flight service qualification (1) Unless sooner cancelled, a flight service qualification remains valid: (a) for the period specified by the ATS provider or ATS training provider that granted it; or (b) if a flight service licence, rating or endorsement on which it is dependent is cancelled before that time--until the licence, rating or endorsement is cancelled; or (c) until the holder ceases to be employed by that ATS provider or ATS training provider. (2) For paragraph (1)(b), a flight service qualification is dependent on a flight service licence, rating or endorsement if the ATS provider or ATS training provider that granted the qualification so specifies. (3) A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification. Subpart 65.E --Administrative functions Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for an ATC licence or a flight service licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.175 Definitions for this Subpart In this Subpart: " licence " means an ATC licence or a flight service licence. " qualification " means an ATC qualification or a flight service qualification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.180 How to apply (1) A person may apply to CASA, in writing, for the grant of a licence. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (3) The application must give details of the applicant's training, qualifications and experience, so far as relevant. (4) The application must be accompanied by: (a) a copy of any document that shows that the applicant has completed that training, holds that qualification or has that experience; and (b) evidence that the applicant holds a Class 3 medical certificate; and (c) evidence of the kind mentioned in subregulation 65.070(3) or 65.125(3), as the case requires. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.225 Grant of licence Subject to regulation 11.055, if a person has applied for the grant of a licence under this Part, CASA must grant the licence. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, a licence; or (b) a decision imposing a condition on a licence. See also section 31 of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.230 When decision must be made (1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application. (2) However, if CASA makes a request under regulation 11.035 or 11.040, the time between when CASA makes the request, and when the applicant undertakes the test, or comes in for interview, or gives CASA the information or copy requested, does not count towards the 21 days. (3) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the 21 days. (4) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the 21 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.250 Re-examination or re-assessment of licence or qualification holder (1) If: (a) there is evidence that the holder of a licence or a qualification is not adequately performing his or her duties (whether because of lack of proficiency, injury, illness or for any other reason); and (b) it is necessary, in the interests of the safety of air navigation, to require the holder to demonstrate his or her proficiency or fitness to perform those duties; CASA may, at a reasonable time and on reasonable notice, direct the holder to undertake: (c) an appropriate examination or performance assessment; or (d) a medical assessment by a designated aviation medical examiner. (2) In paragraph (1)(d): " medical "includes psychological and psychiatric. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.255 Provisional suspension of licence pending examination or assessment (1) If under regulation 65.250 CASA directs the holder of a licence or qualification to undergo an examination, performance assessment or medical assessment, CASA may provisionally suspend the licence or a rating or endorsement on it, or the qualification, by notice in writing to the holder. (2) The provisional suspension has effect from the time the notice is served on the holder. (3) As soon as practicable after the examination or assessment, CASA must either: (a) give the holder a notice under regulation 65.265 to show cause why the licence, rating, endorsement or qualification should not be cancelled or further suspended; or (b) revoke the provisional suspension and tell the holder in writing that it has done so. (4) CASA may revoke the provisional suspension at any time by notice in writing. (5) If CASA gives the holder a show cause notice, the provisional suspension remains in effect (unless sooner revoked) until CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it. (6) However, if the holder does not comply with the direction within the time allowed by the notice to do so (or any extension of that time allowed by CASA), the licence, rating, endorsement or qualification remains suspended until the holder does so. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.260 Provisional suspension of licence etc during investigation (1) If there is evidence that the holder of a licence: (a) may have contravened a provision of the Act or these Regulations; or (b) may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or (c) may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft; CASA may provisionally suspend the holder's licence, or a rating, endorsement or qualification, by notice in writing to the holder. (2) CASA may revoke the provisional suspension at any time by notice in writing. (3) The provisional suspension has effect from the time notice under subregulation (1) is served on the holder, and remains in effect (unless sooner revoked) until: (a) if CASA gives to the holder a show cause notice--CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it; or (b) the end of 7 days after the time the notice under subregulation (1) is served on the holder. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.265 Show cause procedure (1) If there is evidence that the holder of a licence: (a) may have contravened a provision of the Act or these Regulations; or (b) may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or (c) may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft; CASA may give to the holder a notice in accordance with this regulation (a show cause notice). (2) Also, CASA may give to the holder of a licence a show cause notice if: (a) under regulation 65.250, CASA has directed the holder to undertake an examination or a performance assessment or medical assessment; and (b) the holder has not done so within the time allowed by the direction (or any extension of that time allowed by CASA). (3) The notice must be in writing. (4) The notice must set out the facts and circumstances that appear to justify cancellation or suspension of the licence, rating, endorsement or qualification. (5) The notice must invite the holder to show cause in writing, within a reasonable period stated in the notice, why the licence, rating, endorsement or qualification should not be cancelled or further suspended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.270 CASA's powers in respect of licence etc CASA may cancel or suspend a licence, rating, endorsement or qualification if the holder: (a) has contravened a provision of the Act or these Regulations; or (b) does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or (c) has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.275 Choice between cancellation and suspension (1) This regulation sets out how CASA decides whether to cancel a person's licence, rating, endorsement or qualification, or suspend it. (2) If the person has contravened a provision of the Act or these Regulations, or has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft: (a) where CASA is satisfied that the contravention or failure is not likely to recur, CASA may do either or both of the following: (i) suspend the person's licence, rating, endorsement or qualification for an appropriate period; (ii) direct the person to receive appropriate counselling or training; and (b) where CASA is not satisfied as mentioned in paragraph (a), CASA may: (i) if the contravention or failure is sufficiently serious, or has occurred before--cancel the licence, rating, endorsement or qualification; or (ii) take either or both of the courses mentioned in paragraph (a). (3) If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification, but there is a reasonable prospect that he or she will be able to do so within a reasonable time, CASA may suspend the licence, rating, endorsement or qualification: (a) until the happening of a specified event; or (b) until the holder successfully completes specified training; or (c) for a specified period within which the holder is likely to become able to meet the requirement. (4) If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification and there is no reasonable prospect that he or she will be able to do so within a reasonable time, CASA must cancel the licence, rating, endorsement or qualification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.280 Procedure for decision (1) When considering whether to cancel or suspend a licence, rating, endorsement or qualification, CASA must take into account any submission that the holder makes within the time allowed by the relevant show cause notice. (2) CASA must tell the holder in writing of its decision. (3) If CASA has not decided whether or not to cancel or further suspend the licence, rating, endorsement or qualification within 30 days after the end of the period allowed for submissions by the show cause notice, CASA is taken to have decided, at the end of that 30-day period, neither to cancel nor further suspend the licence, rating, endorsement or qualification. (4) If the licence, rating, endorsement or qualification is provisionally suspended, and CASA decides, or is taken under subregulation (3) to have decided, neither to cancel nor further suspend it, the provisional suspension ceases to have effect when CASA makes, or is taken to have made, that decision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.285 Effect of suspension or provisional suspension of authorisation If CASA suspends, or provisionally suspends, a person's licence, rating or endorsement under this Division: (a) the person is taken not to be the holder of the licence, rating or endorsement; and (b) the licence, rating or endorsement is not in force during the period of suspension. Part 66 --Continuing airworthiness--aircraft engineer licences and ratings Table of contents Subpart 66.A -- General 66.005 Purpose of Part 66.010 Definitions for Part 66.015 Part 66 Manual of Standards Subpart 66.B -- Aircraft engineer licences 66.018 Aircraft engineer licences and kinds of aircraft 66.020 Applications for licences 66.025 Grant of licence 66.026 Grant of licence subject to exclusion 66.030 Recognition of foreign licences from recognised States held at time of application 66.035 Recognition of foreign licences from recognised States held before time of application 66.040 Recognition of foreign licences not from recognised States held at time of application -- assessment by maintenance training organisation 66.045 Recognition of foreign licences not from recognised States held at time of application -- assessment by CASA 66.050 Recognition of foreign licences not from recognised States held before time of application -- assessment by maintenance training organisation 66.055 Recognition of foreign licences not from recognised States held before time of application -- assessment by CASA 66.060 Qualifications from excluded States not recognised 66.065 Recognition of Defence Force aircraft authorisations held at time of application 66.070 Recognition of Defence Force aircraft authorisations held before time of application 66.071 Endorsement on licence of licence exclusion 66.072 Removal of exclusion from licence Subpart 66.C -- Ratings 66.075 Applications for ratings 66.080 Grant of rating 66.085 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held at time of application 66.090 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held before time of application 66.095 Grant of rating subject to exclusions 66.100 Training, assessment and experience for removal of exclusion from rating 66.105 Endorsement of rating on licence 66.110 Removal of exclusion from rating Subpart 66.D -- Conditions of licences 66.115 Conditions 66.115A Offence not to comply with licence conditions 66.120 All licences -- general 66.125 All licences -- medically significant conditions 66.130 Category A licences 66.135 Category B1 and B2 licences--maintenance certification on behalf of Part 145 organisation 66.137 Category B1 and B2 licences--maintenance certification other than on behalf of Part 145 organisation 66.138 Category B1 and B2 licences--certificate of release to service issued on behalf of Part 145 organisation 66.139A Category B1 and B2 licences--certificate of release to service issued other than on behalf of Part 145 organisation 66.140 Category C licences Subpart 66.F -- Administration 66.175 CASA may ask licensed aircraft maintenance engineers for information 66.180 Suspension of licence for failure to provide information 66.185 CASA must revoke suspension of licence if information provided Subpart 66.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.005 Purpose of Part This Part: (a) deals with aircraft engineer licences and ratings for: (i) the performance of maintenance certification for maintenance carried out on aircraft; and (ii) issuing certificates of release to service for aircraft in relation to maintenance carried out on aircraft; and (b) empowers CASA to issue a Manual of Standards for this Part. Note: Under regulations 42.695, 42.735 and 42.790, a person performing maintenance certification or issuing a certificate of release to service on behalf of an approved maintenance organisation must hold a certification authorisation from the organisation that permits the person to perform the maintenance certification or issue the certificate of release to service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.010 Definitions for Part In this Part: " additional practical experience ", for an applicant for an aircraft engineer licence or a rating to be endorsed on a licence, means practical experience in carrying out maintenance on operating aircraft: (a) that the applicant carries out under the supervision of a person who holds: (i) the same aircraft engineer licence as the licence applied for; or (ii) the same rating as the rating applied for; and (b) that the applicant carries out on the kind of aircraft for: (i) the licence applied for; or (ii) the licence on which the rating applied for is to be endorsed. " aircraft type " means: (a) a particular type, or type and model, of large aircraft with a particular type of aircraft engine; or (b) a large aircraft with a particular type of aircraft engine; or (c) a small aircraft with a particular type of aircraft engine. Note: For paragraph (b), aircraft mentioned in this paragraph are known as "non-rated aircraft". Example 1: For paragraph (a), Airbus A310(GE CF6) Example 2: For paragraph (a), Boeing 747-400 (RR RB211) Example 3: For paragraph (b), non-rated aircraft (PWC PT6) Example 4: For paragraph (b), non-rated aircraft ( Honeywell TPE331 ) Example 5: For paragraph (c), small aircraft (PWC PT6) Example 6: For paragraph (c), small aircraft ( Honeywell TPE331 ) " category A licence holder "means an individual who holds a category A licence that is in force. category B1 licence holder means an individual who holds a category B1 licence that is in force. category B2 licence holder means an individual who holds a category B2 licence that is in force. " category C licence holder " means an individual who holds a category C licence that is in force. " Defence Force aircraft " means aircraft mentioned in paragraph (a) of the definition of state aircraft in section 3 of the Act. " Defence Force aircraft authorisation " means an authorisation to perform, in relation to Defence Force aircraft, a function that is of the same nature as: (a) the function of performing maintenance certification; or (b) the function of issuing a certificate of release to service. " Defence Force aircraft rating "means an authorisation that: (a) is of the same nature as a rating; and (b) relates to Defence Force aircraft. " foreign rating "means an authorisation that: (a) is of the same nature as a rating; and (b) is: (i) granted under a national aviation law of a foreign country, other than a foreign country that is an excluded State; or (ii) issued by a foreign company, other than a foreign company incorporated or formed in an excluded State. " medical practitioner " has the meaning given by subregulation 67.010(1). " practical experience in carrying out maintenance on operating aircraft " includes: (a) simulated maintenance experience using maintenance simulation technology; and (b) practical maintenance experience on representative aeronautical products during maintenance training. " requalification requirement ", for an aircraft engineer licence, has the meaning given by the Part 66 Manual of Standards. " safety-relevant ", in relation to a medically significant condition, has the meaning given by regulation 67.015. " specialist medical practitioner " has the meaning given by subregulation 67.010(1). Note: See the Dictionary for definitions of other terms used in this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.015 Part 66 Manual of Standards (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters: (a) required or permitted by these Regulations to be prescribed by the Part 66 Manual of Standards; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part. (2) Without limiting subregulation (1), the Part 66 Manual of Standards may specify the following matters: (a) that a specified foreign country is an excluded State; (b) that a specified foreign country is a recognised State; (c) the privileges that a licensed aircraft maintenance engineer may exercise; (d) the privileges that a licensed aircraft maintenance engineer whose licence is endorsed with a rating may exercise; (e) that a specified aircraft type is a type rated aircraft type for an aircraft engineer licence; (f) the training and experience requirements for the grant of an aircraft engineer licence; (g) the required subject modules for an aircraft engineer licence; (h) a list of levels of knowledge for the required subject modules; (i) the required level of knowledge for each subject module, or each part of a subject module; (j) the required units of competency for an aircraft engineer licence; (ja) the required aircraft type training, subject modules and units of competency for a rating on an aircraft engineer licence; (k) the basic knowledge examination standard for category training; (l) that a specified aircraft system is designated as 1 of the following: (i) avionic; (ii) electrical; (iii) mechanical; (iv) powerplant; (v) structural; (m) that a specified condition or limitation applies to: (i) the performance of maintenance certification by a licensed aircraft maintenance engineer in relation to maintenance carried out on a particular aircraft system; or (ii) the issue of a certificate of release to service by a licensed aircraft maintenance engineer for an aircraft in relation to maintenance carried out on a particular aircraft system; (n) for aircraft type training: (i) the required theoretical elements for an aircraft engineer licence; and (ii) the required training level for each theoretical element; and (iii) requirements for practical elements; and (iv) standards for assessments for theoretical elements; and (v) standards for assessments for practical elements; (o) that a specified aircraft type, aircraft system or subset of an aircraft system is one for which a Part 145 organisation may provide training and assessment; (p) that a specified aircraft type is one for which a Part 145 organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment; (q) requalification requirements for an aircraft engineer licence; (r) the aircraft systems or subsets of aircraft systems that may be excluded from the scope of: (i) a category A, B1 or B2 licence; or (ii) a rating for a type rated aircraft type; (s) the required subject modules and units of competency for each aircraft system or subset of an aircraft system specified for subparagraph (r)(i); (t) the required aircraft type training for each aircraft system or subset of an aircraft system specified for subparagraph (r)(ii). Note 1: For paragraphs (g), (h) and (i), see also section 147.A.200 of the Part 147 Manual of Standards (requirements for the conduct of maintenance training courses). Note 2: For paragraph (n), see also section 147.A.300 of the Part 147 Manual of Standards (requirements for maintenance training course plans). Subpart 66.B --Aircraft engineer licences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.018 Aircraft engineer licences and kinds of aircraft An aircraft engineer licence specified in column 1 of an item in the following table may be granted in relation to the kind of aircraft specified in column 2 of the item. Aircraft engineer licences and kinds of aircraft Item Licence Kind of aircraft 1 Subcategory A1 Turbine-engined fixed-wing aeroplane 2 Subcategory A2 Piston-engined fixed-wing aeroplane 3 Subcategory A3 Turbine-engined helicopter 4 Subcategory A4 Piston-engined helicopter 5 Subcategory B1.1 Turbine-engined fixed-wing aeroplane 6 Subcategory B1.2 Piston-engined fixed-wing aeroplane 7 Subcategory B1.3 Turbine-engined helicopter 8 Subcategory B1.4 Piston-engined helicopter 9 Category B2 An aircraft mentioned in another item of this table 10 Category C Large aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.020 Applications for licences (1) A person may apply to CASA for an aircraft engineer licence. (2) The application must: (a) be in writing; and (b) specify the aircraft engineer licence being applied for; and (ba) specify whether the application is for a licence that would be subject to the exclusion of an aircraft system or a subset of an aircraft system; and (c) if the applicant does not hold an aircraft engineer licence at the time of making the application--be accompanied by evidence of the applicant's identity; and (d) be accompanied by copies of documents evidencing the qualifications and experience relevant to the licence being applied for, including any relevant foreign licence or Defence Force aircraft authorisation that the applicant holds; and (e) if, at the time of making the application, the applicant has a medically significant condition that is safety-relevant: (i) specify the condition; and (ii) be accompanied by a report from a medical practitioner that describes the condition. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.025 Grant of licence (1) Subject to regulation 11.055, CASA must grant an aircraft engineer licence to an applicant if: (a) the applicant is not a licensed aircraft maintenance engineer at the time of making the application; and (b) CASA is satisfied that the applicant meets the requirements mentioned in subregulation (3). (2) Subject to regulation 11.055, CASA must grant an aircraft engineer licence to an applicant if: (a) the applicant is a licensed aircraft maintenance engineer at the time of making the application; and (b) CASA is satisfied that the applicant meets the requirements mentioned in paragraphs (3)(d) and (e). (3) The requirements are that: (a) the applicant is at least 18 at the time of making the application; and (b) the applicant can read, write and converse in English to a level that is sufficient to enable the applicant to safely exercise the privileges mentioned in the Part 66 Manual of Standards for the licence applied for; and (c) the applicant understands the applicant's role, as a licensed aircraft maintenance engineer, in airworthiness management; and (d) if, at the time of making the application, the applicant had a medically significant condition that was safety-relevant--the applicant can safely exercise at least 1 of the privileges mentioned in the Part 66 Manual of Standards for the licence applied for; and (e) the applicant: (i) meets the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for; or (ii) is taken, under regulation 66.030, 66.035, 66.040, 66.045, 66.050, 66.055, 66.065 or 66.070, to meet those requirements. Note 1: For paragraph (d), CASA may grant a licence in respect of only some of the matters sought in the application--see subregulation 11.055(7). Note 2: For paragraph (d), CASA may grant a licence subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation--see regulation 11.056. (4) If: (a) CASA receives a report from a maintenance training organisation under section 147.A.139 of the Part 147 Manual of Standards; and (b) the report includes a statement that the applicant can read, write and converse as required by paragraph (3)(b); CASA need consider only that report in making its decision about the requirement mentioned in paragraph (3)(b). (5) If: (a) CASA receives a report from a maintenance training organisation under section 147.A.139 of the Part 147 Manual of Standards; and (b) the report includes a statement that the applicant has the understanding required by paragraph (3)(c); CASA need consider only that report in making its decision about the requirement mentioned in paragraph (3)(c). Note 1: For review of decisions about licences, see section 31 of the Act. Note 2: For the privileges that a licensed aircraft maintenance engineer may exercise, see the Part 66 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.026 Grant of licence subject to exclusion Not meeting requirements for excluded system (1) Subject to subregulation (3) and regulation 11.055, CASA must grant an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if: (a) the licence applied for is a category B1 or B2 licence; and (b) either: (i) CASA is satisfied that the applicant meets the requirements mentioned in paragraphs 66.025(3)(a) to (c); or (ii) the applicant is a licensed aircraft maintenance engineer at the time of making the application; and (c) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.025(3)(d); and (d) the aircraft system or subset is specified in the Part 66 Manual of Standards as a system or subset that may be excluded from the scope of a category B1 or B2 licence; and (e) the applicant meets the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for, except the requirements specified in the Part 66 Manual of Standards for the aircraft system or subset. Partially equivalent foreign licence or Defence Force aircraft authorisation (2) Subject to subregulation (3) and regulation 11.055, CASA must grant an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if: (a) either: (i) CASA is satisfied that the applicant meets the requirements mentioned in paragraphs 66.025(3)(a) to (c); or (ii) the applicant is a licensed aircraft maintenance engineer at the time of making the application; and (b) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.025(3)(d); and (c) regulation 66.030, 66.035, 66.040, 66.045, 66.050, 66.055, 66.065 or 66.070 applies to the applicant; and (d) the applicant is taken, under that regulation, to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for, except the requirements specified in the Part 66 Manual of Standards for the aircraft system or subset. Exclusions for type rated aircraft types only (3) CASA must not grant the licence subject to the exclusion unless the exclusion relates to a type rated aircraft type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.030 Recognition of foreign licences from recognised States held at time of application (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) at the time of making the application for the licence, the applicant holds a foreign licence, that is in force, issued by: (i) a recognised State; or (ii) a foreign company incorporated or formed in a recognised State; and (b) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (c) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (d) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; or (iii) for an applicant for a category C licence who does not hold, and is not applying for, a category B1 or B2 licence--gained experience that CASA determines, in writing, is relevant to the privileges mentioned in the Part 66 Manual of Standards for the licence applied for. (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination under paragraph (1)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.035 Recognition of foreign licences from recognised States held before time of application (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) before the time of making the application for the licence, the applicant held a foreign licence issued by: (i) a recognised State; or (ii) a foreign company incorporated or formed in a recognised State; and (b) the applicant does not hold the foreign licence at the time of making the application; and (c) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (d) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (e) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; or (iii) for an applicant for a category C licence who does not hold, and is not applying for, a category B1 or B2 licence--gained experience that CASA determines, in writing, is relevant to the privileges mentioned in the Part 66 Manual of Standards for the licence applied for; and (f) CASA is satisfied that the licence that the applicant held was not cancelled or revoked for a reason involving a matter mentioned in subregulation 11.055(4). (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination under paragraph (1)(d). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.040 Recognition of foreign licences not from recognised States held at time of application--assessment by maintenance training organisation (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) at the time of making the application for the licence, the applicant holds a foreign licence, that is in force, issued by: (i) a foreign country that is not a recognised State; or (ii) a foreign company incorporated or formed in a foreign country that is not a recognised State; and (b) the foreign licence has been assessed by a maintenance training organisation that is: (i) approved to assess foreign licences issued by the foreign country or by a foreign company incorporated or formed in the foreign country; and (ii) approved to provide category training for the licence applied for; and (c) the maintenance training organisation has given CASA the outcome of the assessment in a report under section 147.A.139 of the Part 147 Manual of Standards; and (d) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (e) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (f) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience. (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.045 Recognition of foreign licences not from recognised States held at time of application--assessment by CASA (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) at the time of making the application for the licence, the applicant holds a foreign licence, that is in force, issued by: (i) a foreign country that is not a recognised State; or (ii) a foreign company incorporated or formed in a foreign country that is not a recognised State; and (b) there is no maintenance training organisation that is approved to assess foreign licences issued by the foreign country or by a foreign company incorporated or formed in the foreign country; and (c) CASA has assessed the foreign licence; and (d) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (e) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (f) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; or (iii) for an applicant for a category C licence who does not hold, and is not applying for, a category B1 or B2 licence--gained experience that CASA determines, in writing, is relevant to the privileges mentioned in the Part 66 Manual of Standards for the licence applied for. (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination under paragraph (1)(e). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.050 Recognition of foreign licences not from recognised States held before time of application--assessment by maintenance training organisation (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) before the time of making the application for the licence, the applicant held a foreign licence issued by: (i) a foreign country that is not a recognised State; or (ii) a foreign company incorporated or formed in a foreign country that is not a recognised State; and (b) the applicant does not hold the foreign licence at the time of making the application; and (c) the foreign licence has been assessed by a maintenance training organisation that is: (i) approved to assess foreign licences issued by the foreign country or by a foreign company incorporated or formed in the foreign country; and (ii) approved to provide category training for the licence applied for; and (d) the maintenance training organisation has given CASA the outcome of the assessment in a report under section 147.A.139 of the Part 147 Manual of Standards; and (e) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (f) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (g) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; and (h) CASA is satisfied that the foreign licence that the applicant held was not cancelled or revoked for a reason involving a matter mentioned in subregulation 11.055(4). (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.055 Recognition of foreign licences not from recognised States held before time of application--assessment by CASA (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) before the time of making the application for the licence, the applicant held a foreign licence issued by: (i) a foreign country that is not a recognised State; or (ii) a foreign company incorporated or formed in a foreign country that is not a recognised State; and (b) the applicant does not hold the foreign licence at the time of making the application; and (c) there is no maintenance training organisation that is approved to assess foreign licences issued by the foreign country or by a foreign company incorporated or formed in the foreign country; and (d) CASA has assessed the foreign licence; and (e) the applicant exercised privileges under the foreign licence or under a foreign rating endorsed on the foreign licence; and (f) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (g) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; or (iii) for an applicant for a category C licence who does not hold, and is not applying for, a category B1 or B2 licence--gained experience that CASA determines, in writing, is relevant to the privileges mentioned in the Part 66 Manual of Standards for the licence applied for; and (h) CASA is satisfied that the foreign licence that the applicant held was not cancelled or revoked for a reason involving a matter mentioned in subregulation 11.055(4). (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination under paragraph (1)(f). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.060 Qualifications from excluded States not recognised (1) This regulation applies to an applicant for an aircraft engineer licence if the applicant holds: (a) a licence issued by a foreign country that is an excluded State; or (b) an authorisation issued by a foreign company incorporated or formed in a foreign country that is an excluded State. (2) The applicant is not, only because of holding the licence or authorisation, or a rating endorsed on the licence or authorisation, taken to meet any of the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the aircraft engineer licence applied for. Note: In assessing a person, a maintenance training organisation must not give credit to the person for holding a licence (however described) that was issued to the person by an excluded State--see regulation 147.075. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.065 Recognition of Defence Force aircraft authorisations held at time of application (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) at the time of making the application for the licence, the applicant holds a Defence Force aircraft authorisation that is in force; and (b) the applicant exercised privileges under the authorisation or under a Defence Force aircraft rating endorsed on the authorisation; and (c) a maintenance training organisation that is approved to provide category training for the licence applied for has: (i) assessed the Defence Force aircraft authorisation; and (ii) given CASA the outcome of the assessment in a report under section 147.A.139 of the Part 147 Manual of Standards; and (d) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (e) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience. (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.070 Recognition of Defence Force aircraft authorisations held before time of application (1) This regulation applies to an applicant for an aircraft engineer licence if: (a) before the time of making the application for the licence, the applicant held a Defence Force aircraft authorisation; and (b) the applicant does not hold the authorisation at the time of making the application; and (c) the applicant exercised privileges under the authorisation or under a Defence Force aircraft rating endorsed on the authorisation; and (d) a maintenance training organisation that is approved to provide category training for the licence applied for has: (i) assessed the Defence Force aircraft authorisation; and (ii) given CASA the outcome of the assessment in a report under section 147.A.139 of the Part 147 Manual of Standards; and (e) CASA determines, in writing, that at least 1 of the privileges exercised was equivalent to a privilege mentioned in the Part 66 Manual of Standards for the licence applied for; and (f) in the 2 years immediately before the time of making the application, the applicant has: (i) exercised the privileges for at least 6 months; or (ii) gained at least 6 months additional practical experience; and (g) CASA is satisfied that the authorisation that the applicant held was not cancelled or revoked for a reason involving a matter mentioned in subregulation 11.055(4). (2) The applicant is taken to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for to the extent mentioned in the determination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.071 Endorsement on licence of licence exclusion If CASA grants an aircraft engineer licence that is subject to an exclusion imposed under regulation 66.026, CASA must endorse on the licence that the licence is subject to the exclusion. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.072 Removal of exclusion from licence (1) The holder of an aircraft engineer licence that is subject to the exclusion of an aircraft system or a subset of an aircraft system may apply to CASA for removal of the exclusion. (2) Subject to regulation 11.055, CASA must remove the exclusion if CASA is satisfied, on the basis of evidence mentioned in subregulation (3), that the holder has successfully completed the training necessary for the removal of the exclusion. (3) For subregulation (2), CASA must receive evidence from a maintenance training organisation that the holder has successfully completed the training and assessment that is required for the aircraft system or subset under section 66.A.25 of the Part 66 Manual of Standards. (4) If CASA removes the exclusion from the licence, CASA must: (a) amend the licence document to remove the endorsement that the licence is subject to the exclusion; and (b) for each rating on the licence that is subject to the exclusion of the aircraft system or subset--endorse on the licence that the rating is subject to the exclusion. Subpart 66.C --Ratings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.075 Applications for ratings (1) A person may apply to CASA for a rating for an aircraft type. (2) A person may apply for a rating only if, at the time of making the application, the person is applying for, or holds, the aircraft engineer licence for which the aircraft type is specified in the Part 66 Manual of Standards (the relevant licence). (3) The application must: (a) be in writing; and (b) specify the rating being applied for; and (ba) for a rating for a type rated aircraft type--specify whether the application is for a rating that is subject to the exclusion of an aircraft system or a subset of an aircraft system; and (bb) specify whether the application is for a rating in relation to a partially equivalent foreign licence or Defence Force aircraft authorisation; and (c) be accompanied by copies of documents evidencing the qualifications and experience relevant to the rating applied for. (4) Also, the application must comply with subregulation (5) if, at the time of making the application: (a) the applicant has a medically significant condition that is safety-relevant; and (b) the condition was not specified in the applicant's application for the relevant licence. (5) For subregulation (4), the application must: (a) specify the condition; and (b) be accompanied by a report from a medical practitioner that describes the condition. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.080 Grant of rating (1) Subject to regulation 11.055, CASA must grant to an applicant a rating on an aircraft engineer licence if CASA is satisfied that: (a) the applicant meets the requirements specified in the Part 66 Manual of Standards for the rating applied for; and (b) if subregulation 66.075(4) applies to the applicant--the applicant can safely exercise at least one of the privileges specified in the Part 66 Manual of Standards for the rating applied for; and (c) if the application is for a rating that requires aircraft type training--the applicant meets the requirements mentioned in subregulation (2), (3) or (4). (1A) If the applicant holds a licence that is, or is applying for a licence that will be, subject to the exclusion of an aircraft system or a subset of an aircraft system, CASA must not grant the rating unless it is subject to the exclusion of the aircraft system or subset. Successful completion of aircraft type training and assessment (2) The requirements are that: (a) at the time of making the application, the applicant has evidence of the successful completion of the aircraft type training, or an element of the aircraft type training, for the rating; and (b) within the 5 years immediately before the time of making the application, the applicant has successfully completed: (i) the theoretical elements of the aircraft type training for the rating; and (ii) the assessment for the training; and (c) within the 3 years immediately before the time of making the application, the applicant has successfully completed: (i) the practical elements of the aircraft type training for the rating; and (ii) the assessment for the training. Training, assessment and experience provided by Part 145 organisations (3) The requirements are that: (a) at the time of making the application, the applicant has a notice in relation to the rating, issued under paragraph 145.A.37(d) of the Part 145 Manual of Standards by a Part 145 organisation; and (b) within the 5 years immediately before the time of making the application, the applicant has successfully completed: (i) the theoretical elements of the aircraft type training for the rating; and (ii) the assessment for the training; and (c) within the 3 years immediately before the time of making the application, the applicant has successfully completed: (i) the practical elements of the aircraft type training for the rating; and (ii) the assessment for the training. Fully or partially equivalent foreign or Defence Force rating (4) The requirements are that, at the time of making the application, the applicant holds, or has held: (a) a foreign licence that is endorsed with a foreign rating that CASA determines, under regulation 66.085 or 66.090, is fully or partially equivalent to the rating applied for; or (b) a Defence Force aircraft authorisation that is endorsed with a Defence Force aircraft rating that CASA determines, under regulation 66.085 or 66.090, is fully or partially equivalent to the rating applied for. Note: For review of decisions about ratings, see section 31 of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.085 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held at time of application If: (a) at the time of making an application for a rating for an aircraft type, an applicant holds: (i) a foreign licence that is endorsed with a foreign rating that relates to the aircraft type; or (ii) a Defence Force aircraft authorisation that is endorsed with a Defence Force aircraft rating that relates to the aircraft type; and (b) in the 2 years immediately before making the application, the applicant: (i) exercised privileges under the licence or authorisation for at least 6 months; or (ii) gained at least 6 months additional practical experience; CASA must determine, in writing, whether the rating endorsed on the licence or authorisation is fully or partially equivalent to the rating applied for. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.090 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held before time of application If: (a) before making an application for a rating for an aircraft type, an applicant held: (i) a foreign licence that was endorsed with a foreign rating that relates to the aircraft type; or (ii) a Defence Force aircraft authorisation that was endorsed with a Defence Force aircraft rating that relates to the aircraft type; and (b) the applicant does not hold the licence or authorisation at the time of making the application; and (c) in the 2 years immediately before making the application, the applicant: (i) exercised privileges under the licence or authorisation for at least 6 months; or (ii) gained at least 6 months additional practical experience; and (d) CASA is satisfied that the licence or authorisation was not cancelled or revoked for a reason involving a matter mentioned in subregulation 11.055(4); CASA must determine, in writing, whether the rating endorsed on the licence or authorisation is fully or partially equivalent to the rating applied for. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.095 Grant of rating subject to exclusions Not meeting requirements for excluded system (1) Subject to subregulation (5) and regulation 11.055, CASA must grant a rating to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if: (a) the applicant holds, or is an applicant for, a category B1 or B2 licence that is, or will be, subject to the exclusion of the aircraft system or subset; and (b) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.080(1)(a); and (c) CASA is satisfied that the applicant meets the requirements mentioned in subregulation 66.080(2) or (3), except the requirements for the aircraft system or subset. (2) Subject to subregulation (5) and regulation 11.055, CASA must grant a rating to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if: (a) the applicant holds, or is an applicant for, a category B1 or B2 licence other than a licence that is, or will be, subject to the exclusion of the aircraft system or subset; and (b) the application specifies that the rating is to be subject to the exclusion; and (c) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.080(1)(a); and (d) CASA is satisfied that the applicant meets the requirements mentioned in subregulation 66.080(2) or (3), except the requirements for the aircraft system or subset. Partially equivalent foreign licence or Defence Force aircraft authorisation (3) Subregulation (4) applies if CASA has determined, under regulation 66.085 or 66.090, that; (a) a foreign rating endorsed on a foreign licence that the applicant holds or has held; or (b) a Defence Force aircraft rating endorsed on a Defence Force aircraft authorisation that the applicant holds or has held; is partially equivalent to the rating applied for because the foreign rating or Defence Force aircraft rating does not cover an aircraft system or a subset of an aircraft system. (4) Subject to subregulation (5) and regulation 11.055, CASA must grant the rating subject to the exclusion of the aircraft system or subset. Exclusions for type rated aircraft types only (5) CASA must not grant the rating subject to the exclusion unless the exclusion relates to a type rated aircraft type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.100 Training, assessment and experience for removal of exclusion from rating If CASA grants a rating subject to an exclusion under regulation 66.095, CASA must decide: (a) whether the training and assessment that is necessary for the removal of the exclusion: (i) is of a kind that must be provided by a maintenance training organisation; or (ii) is of a kind that may be provided either by a Part 145 organisation or a maintenance training organisation; and (b) whether any practical experience is necessary for the removal of the exclusion. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.105 Endorsement of rating on licence If CASA grants a rating, CASA must endorse on the applicant's licence: (a) the rating; and (b) if the rating is granted subject to an exclusion imposed under regulation 66.095--the exclusion. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.110 Removal of exclusion from rating (1) The holder of a rating that is subject to the exclusion of an aircraft system or a subset of an aircraft system may apply to CASA for removal of the exclusion. (2) Subject to regulation 11.055, CASA must remove the exclusion if: (a) CASA is satisfied, on the basis of evidence received from a maintenance training organisation or a Part 145 organisation, that the holder has: (i) successfully completed the aircraft type training for the aircraft type required by the Part 66 Manual of Standards for the aircraft system or subset; and (ii) obtained any practical experience that, under regulation 66.100, is necessary to remove the exclusion; and (b) the holder's licence is not subject to the exclusion of the aircraft system or subset. Subpart 66.D --Conditions of licences Note 1: For CASA's power to impose conditions, see regulations 11.056, 11.067 and 11.068. Note 2: For other conditions that apply to licences, see regulations 11.070 to 11.075. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.115 Conditions It is a condition of an aircraft engineer licence that the holder of the licence must not contravene a provision of this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.115A Offence not to comply with licence conditions (1) A licensed aircraft maintenance engineer commits an offence of strict liability if he or she contravenes a provision of this Subpart (other than regulation 66.125). Penalty: 50 penalty units. (2) A licensed aircraft maintenance engineer commits an offence if: (a) at a particular time, he or she exercises a privilege mentioned in the Part 66 Manual of Standards for his or her aircraft engineer licence or for a rating endorsed on the licence; and (b) at that time: (i) he or she knows that he or she has a medically significant condition; and (ii) the condition is safety-relevant; and (iii) the condition was not specified in an application made by the licensed aircraft maintenance engineer for an aircraft engineer licence or a rating that he or she holds; and (iv) the exercise of the privilege is not permitted by subregulation (3). Penalty: 50 penalty units. (3) The exercise of a privilege is permitted if: (a) at least 30 days have elapsed since the day the licensed aircraft maintenance engineer first knew that he or she had the condition; and (b) the licensed aircraft maintenance engineer has obtained a certificate from a medical practitioner or specialist medical practitioner to the effect that his or her ability to exercise the privilege is no longer reduced by the condition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.120 All licences--general Compliance with privileges and conditions or limitations (1) A licensed aircraft maintenance engineer may perform maintenance certification or issue a certificate of release to service only if he or she does so in accordance with: (a) the privileges mentioned in the Part 66 Manual of Standards for his or her aircraft engineer licence or for any ratings endorsed on the licence; and (b) a condition or limitation that applies to the performance of the maintenance certification or the issue of the certificate of release to service under the Part 66 Manual of Standards. Requirement for recent qualification or experience (2) A licensed aircraft maintenance engineer may perform maintenance certification or issue a certificate of release to service at a particular time only if, in the 2 years immediately before that time: (a) he or she was granted his or her aircraft engineer licence; or (b) he or she has had at least 6 months experience of exercising the privileges mentioned in the Part 66 Manual of Standards for the licence or for a rating endorsed on the licence; or (c) he or she has met a requalification requirement for the licence. (3) For subregulation (2), the holder of an aircraft engineer licence exercises the privileges of the licence if: (a) for a category A, B1 or B2 licence--the holder performs maintenance certifications or issues certificates of release to service under the licence; and (b) for a category C licence--the holder issues certificates of release to service under the licence. (4) For subregulation (2), a licensed aircraft maintenance engineer is taken to have had at least 6 months experience of exercising the privileges mentioned in the Part 66 Manual of Standards for a licence or for a rating endorsed on a licence if: (a) he or she holds another aircraft engineer licence; and (b) that licence is a category A, B1 or B2 licence; and (c) he or she has had at least 6 months experience of exercising the privileges mentioned in the Part 66 Manual of Standards for that licence or a rating endorsed on that licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.125 All licences--medically significant conditions (1) This regulation applies to a licensed aircraft maintenance engineer if: (a) the licensed aircraft maintenance engineer knows that he or she has a medically significant condition; and (b) the condition is safety-relevant; and (c) the condition was not specified in an application made by the licensed aircraft maintenance engineer for an aircraft engineer licence or a rating that he or she holds. (2) The licensed aircraft maintenance engineer must not exercise a privilege mentioned in the Part 66 Manual of Standards for his or her aircraft engineer licence or for a rating endorsed on the licence unless the licensed aircraft maintenance engineer: (a) has had the condition for more than 30 days beginning on the day that he or she first knew that he or she had the condition (the 30 day period); and (b) has obtained a certificate from a medical practitioner or specialist medical practitioner to the effect that his or her ability to exercise the privilege is no longer reduced by the condition. (3) If the licensed aircraft maintenance engineer has had the condition for more than the 30 day period and cannot obtain a certificate mentioned in paragraph (2)(b), he or she must give CASA a written notice including the following information: (a) that he or she has the condition; (b) when he or she first knew that he or she had the condition; (c) that he or she cannot obtain the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.130 Category A licences (1) A category A licence holder may perform maintenance certification for maintenance carried out on an aircraft of a particular aircraft type only if: (a) the maintenance: (i) is line maintenance; and (ii) is mentioned in Appendix II to the Part 145 Manual of Standards; and (b) he or she carried out the maintenance; and (c) he or she: (i) performs the maintenance certification on behalf of a Part 145 organisation; and (ii) has completed training and assessment from the organisation in performing maintenance certification for that line maintenance carried out on aircraft of that aircraft type; and (iii) has a certification authorisation from the organisation to perform maintenance certification for that line maintenance carried out on aircraft of that aircraft type. (2) A category A licence holder may issue a certificate of release to service for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if: (a) the maintenance: (i) is line maintenance; and (ii) is mentioned in Appendix II to the Part 145 Manual of Standards; and (b) he or she: (i) issues the certificate on behalf of a Part 145 organisation; and (ii) has completed training and assessment from the organisation in issuing a certificate of release to service for an aircraft of that aircraft type in relation to that line maintenance; and (iii) has a certification authorisation from the organisation to issue a certificate of release to service for an aircraft of that aircraft type in relation to that line maintenance. (3) A reference in subregulation (1) or (2) to maintenance does not include supervision of maintenance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.135 Category B1 and B2 licences--maintenance certification on behalf of Part 145 organisation (1) A category B1 or B2 licence holder may perform maintenance certification on behalf of a Part 145 organisation for maintenance that was carried out on an aircraft of a particular type rated aircraft type only if subregulation (3), (4), (5) or (6) applies. (2) However, the holder must not perform maintenance certification on behalf of a Part 145 organisation for maintenance carried out on an aircraft system, or a subset of an aircraft system, that is excluded from the holder's licence under regulation 66.026. (2A) A category B1 or B2 licence holder may perform maintenance certification on behalf of a Part 145 organisation for maintenance that was carried out on an aircraft that is not of a type rated aircraft type only if the holder holds a licence that authorises that kind of maintenance. Rating not subject to exclusion (3) For subregulation (1), this subregulation applies if: (a) the holder's licence is endorsed with a rating for the aircraft type; and (b) the rating is not subject to the exclusion of an aircraft system or a subset of an aircraft system. Rating subject to exclusion that does not apply (4) For subregulation (1), this subregulation applies if: (a) the holder's licence is endorsed with a rating for the aircraft type; and (b) the rating is subject to the exclusion of an aircraft system or a subset of an aircraft system; and (c) the maintenance is not carried out on an aircraft system or subset that is excluded from the rating under regulation 66.095. Rating subject to exclusion--certification authorisation (5) For subregulation (1), this subregulation applies if: (a) the holder's licence is endorsed with a rating for the aircraft type; and (b) the maintenance is carried out on an aircraft system or a subset of an aircraft system that is excluded from the rating under regulation 66.095 (the excluded system); and (c) the holder has a certification authorisation from the organisation in relation to the aircraft type and the excluded system, granted in accordance with paragraph 145.A.37(b) of the Part 145 Manual of Standards. No rating--certification authorisation (6) For subregulation (1), this subregulation applies if: (a) the holder's licence is not endorsed with a rating for the aircraft type; and (b) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with paragraph 145.A.37(b) or (c) of the Part 145 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.137 Category B1 and B2 licences--maintenance certification other than on behalf of Part 145 organisation Type rated aircraft type (1) A category B1 or B2 licence holder may perform maintenance certification other than on behalf of a Part 145 organisation for maintenance that was carried out on an aircraft of a particular type rated aircraft type only if: (a) if carrying out of the maintenance requires the holder to hold a particular licence with a particular rating--the holder's licence is endorsed with the rating for the aircraft type; and (b) the maintenance is not carried out on an aircraft system or a subset of an aircraft system that is: (i) excluded from the licence under regulation 66.026; or (ii) excluded from the rating under regulation 66.095. Aircraft not of a type rated aircraft type (2) A category B1 or B2 licence holder may perform maintenance certification other than on behalf of a Part 145 organisation for maintenance that was carried out on an aircraft that is not of a type rated aircraft type only if: (a) the holder holds a licence for the kind of aircraft on which the maintenance was carried out; and (b) if carrying out the maintenance requires the holder to hold a particular rating--the holder's licence is endorsed with that rating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.138 Category B1 and B2 licences--certificate of release to service issued on behalf of Part 145 organisation Type rated aircraft type (1) A category B1 or B2 licence holder may issue a certificate of release to service on behalf of a Part 145 organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if: (a) if carrying out of the maintenance requires the holder to hold a particular rating--either: (i) the holder's licence is endorsed with the rating for the aircraft type; or (ii) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with the Part 145 Manual of Standards; and (b) the holder has a certification authorisation from the organisation to issue a certificate of release to service for an aircraft of that aircraft type, granted under section 145.A.35 of the Part 145 Manual of Standards. Aircraft not of a type rated aircraft type (2) A category B1 or B2 licence holder may issue a certificate of release to service on behalf of a Part 145 organisation for an aircraft that is not of a type rated aircraft type in relation to maintenance carried out on the aircraft only if the holder holds a licence for that kind of aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.139A Category B1 and B2 licences--certificate of release to service issued other than on behalf of Part 145 organisation Type rated aircraft type (1) A category B1 or B2 licence holder may issue a certificate of release to service, other than on behalf of a Part 145 organisation, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if the holder's licence is endorsed with the rating for the aircraft type. Aircraft not of a type rated aircraft type (2) A category B1 or B2 licence holder may issue a certificate of release to service, other than on behalf of a Part 145 organisation, for an aircraft that is not of a type rated aircraft type in relation to maintenance carried out on the aircraft only if the holder holds a licence for that kind of aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.140 Category C licences (1) A category C licence holder may issue a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft only if: (a) he or she issues the certificate on behalf of a Part 145 organisation; and (b) the maintenance is base maintenance. (2) A category C licence holder may issue a certificate of release to service for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft type only if: (a) the holder's licence is endorsed with the rating for the aircraft type; and (b) the holder has a certification authorisation, from a Part 145 organisation, that: (i) authorises the holder to issue a certificate of release to service for an aircraft of that aircraft type on behalf of the organisation; and (ii) is granted under section 145.A.35 of the Part 145 Manual of Standards. Subpart 66.F --Administration CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.175 CASA may ask licensed aircraft maintenance engineers for information (1) CASA may ask a licensed aircraft maintenance engineer to give CASA information specified in the request about himself or herself, his or her aircraft engineer licence and any ratings endorsed on the licence. (2) A request under subregulation (1) must: (a) be in writing; and (b) specify the date by which the licensed aircraft maintenance engineer must give CASA the information; and (c) include a statement of the effect of regulation 66.180. (3) If a licensed aircraft maintenance engineer gives CASA information in accordance with a request under subregulation (1), CASA must, within 28 days after receiving the information, give the licensed aircraft maintenance engineer written notice in accordance with subregulation (4). (4) The notice must include a statement to the effect that CASA has confirmed the information or updated its records about the licensed aircraft maintenance engineer, the aircraft engineer licence and any ratings endorsed on the licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.180 Suspension of licence for failure to provide information If a licensed aircraft maintenance engineer does not comply with a request under subregulation 66.175(1) by the date specified in the request, his or her aircraft engineer licence is suspended on the day after the date specified in the request. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 66.185 CASA must revoke suspension of licence if information provided (1) This regulation applies if: (a) an aircraft engineer licence is suspended by regulation 66.180; and (b) on or after the day that the licence is suspended, the holder of the licence gives CASA information in accordance with the request under subregulation 66.175(1). (2) CASA must, by notice in writing to the holder, revoke the suspension of the licence. (3) The notice must include the date on which the revocation takes effect. Part 67 --Medical Table of contents Subpart 67.A -- General 67.005 Applicability 67.010 Definitions for this Part 67.015 Meaning of safety-relevant 67.020 Extended meaning of convicted of an offence Subpart 67.B -- Designated aviation medical examiners and designated aviation ophthalmologists 67.025 Application for appointment as DAME or DAO 67.030 More information for application 67.035 Continuation of appointment until application decided 67.040 When decision must be made 67.045 Appointment of DAMEs 67.050 DAMEs -- duration of appointment 67.055 DAMEs -- declaration about holders of position 67.060 DAMEs -- conditions 67.065 Appointment of DAOs 67.070 DAOs -- duration of appointment 67.075 DAOs -- declaration about holders of position 67.080 DAOs -- conditions 67.085 Certificate of appointment 67.090 Release of information about performance of DAMEs or DAOs 67.095 DAMEs and DAOs -- cancellation or surrender of appointment 67.100 DAMEs and DAOs -- automatic suspension and cancellation after criminal conviction 67.105 DAMEs -- automatic cancellation on ceasing to be medical practitioner 67.110 DAOs -- automatic cancellation on ceasing to be medical practitioner or ophthalmologist 67.115 Suspension of declaration under subregulation 67.055(1) or 67.075(1) 67.120 Revocation of declarations 67.125 Obligation to report 67.130 Surrender of certificate of appointment 67.135 Return of certificate if appointment cancelled or surrendered 67.140 Indemnification of medical reporting Subpart 67.C -- Medical certificates 67.145 Kinds of medical certificate 67.150 Who meets medical standard 1 67.155 Who meets medical standard 2 67.160 Who meets medical standard 3 67.165 Directions about examinations for issue of medical certificates 67.170 Evidence of identity 67.175 Medical certificates -- application 67.180 Medical certificates -- issue and refusal 67.185 Notice of decision to refuse medical certificate 67.190 Reconsideration of decision to refuse medical certificate 67.195 Medical certificate -- conditions 67.200 Conditions applicable to certain medical certificates -- correcting lenses 67.205 Medical certificates -- period in force 67.210 Medical certificates -- application for extension of period in force 67.215 Medical certificates -- extension of period in force by CASA 67.220 Medical certificates -- extension of period in force by DAMEs 67.225 Medical certificates -- new medical certificates issued by DAMEs 67.230 CASA may require medical examination of certificate holders 67.235 Suspension of medical certificates -- pregnancy 67.240 Medical certificates -- suspension pending examination 67.245 Suspension of medical certificates -- special arrangements for service in urgent cases 67.250 Medical certificates -- effect of suspension 67.255 Medical certificates -- cancellation if medical standard not met 67.260 Medical certificates -- cancellation and suspension in other cases Subpart 67.D -- Modified Austroads medical standards 67.262 Definition of meets the modified Austroads medical standards 67.263 Definition of modified Austroads medical standards for Subpart 67.D Subpart 67.E -- Responsibilities of holders of medical certificates and recreational aviation medical practitioner's certificates 67.265 Obligation to tell CASA of changes in medical condition--medical certificate holders 67.270 Offence--doing act while efficiency impaired--licence holders 67.271 Offence--doing act while efficiency impaired--student pilots 67.275 Surrender of medical certificates Subpart 67.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.005 Applicability This Part: (a) provides for the appointment of appropriately qualified persons as DAMEs or DAOs and for the cancellation of such appointments; and (b) sets out procedures under which CASA may make declarations that particular persons, or persons who hold or perform the duties of certain positions or offices, are to be taken to be DAMEs or DAOs; and (c) sets out the medical standards for the issue of medical certificates; and (d) provides for the issue and administrative control of medical certificates; and (e) sets out when a person meets the modified Austroads medical standards; and (f) provides for offences in relation to holders of: (i) medical certificates; and (ii) recreational aviation medical practitioner's certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.010 Definitions for this Part (1) In this Part: " clinical psychologist " means a person who: (a) is registered or licensed as a clinical psychologist under a law of a State or Territory of Australia; or (b) in the case of a psychologist practising as a clinical psychologist in a country other than Australia--has other qualifications in clinical psychology acceptable to CASA. " Designated Aviation Medical Examiner's Handbook " means the document called 'Designated Aviation Medical Examiner's Handbook' published by CASA, as in force from time to time. Note: The Designated Aviation Medical Examiner's Handbook is available from CASA's website at: http://www.casa.gov.au/manuals/htm/dame/dame.htm. " Human Services Department " means the Department administered by the Minister administering the Human Services (Medicare) Act 1973. " medically significant condition " includes: (a) any of the following (no matter how minor): (i) any illness or injury; (ii) any bodily infirmity, defect or incapacity; (iii) any mental infirmity, defect or incapacity; (iv) any sequela of an illness, injury, infirmity, defect or incapacity mentioned in subparagraph (i), (ii) or (iii); and (b) any abnormal psychological state; and (c) drug addiction and drug dependence; and (d) for a woman--pregnancy and the physiological and psychological consequences of pregnancy or of termination of pregnancy. " medical practitioner " means a person entitled to practise as a medical practitioner under a law of a State or Territory or under a law of a Contracting State. medical standard 1 means the standard set out in table 67.150. medical standard 2 means the standard set out in table 67.155. medical standard 3 means the standard set out in table 67.160. " relevant examination means an examination or test of, or in relation to, a person for the purpose of finding out whether the person" meets the relevant medical standard for the issue to him or her of a medical certificate. " relevant medical standard " means: (a) for a class 1 medical certificate--medical standard 1; and (b) for a class 2 medical certificate--medical standard 2; and (c) for a class 3 medical certificate--medical standard 3. " specialist medical practitioner " means a medical practitioner who has: (a) postgraduate qualifications in a recognised medical specialty entitling him or her to be recognised as a specialist medical practitioner by the Human Services Department or by the public hospital service or public health service of a State or Territory of Australia; or (b) in the case of a medical practitioner practising in a country other than Australia--other postgraduate qualifications in the specialty acceptable to CASA. " specialist psychiatrist " means a medical practitioner who has: (a) postgraduate qualifications in psychiatry entitling him or her to be recognised as a specialist psychiatrist by the Human Services Department or by the public hospital service or public health service of a State or Territory of Australia; or (b) in the case of a psychiatrist practising in a country other than Australia--other postgraduate qualifications in psychiatry acceptable to CASA. (2) In this Part, a mention of a medically significant condition (other than pregnancy, a consequence of pregnancy or the termination of a pregnancy) includes both such a condition that is congenital and one that is the result of injury or illness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.015 Meaning of safety-relevant For the purposes of this Part, a medically significant condition is safety-relevant if it reduces, or is likely to reduce, the ability of someone who has it to exercise a privilege conferred or to be conferred, or perform a duty imposed or to be imposed, by a licence that he or she holds or has applied for. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.020 Extended meaning of convicted of an offence (1) In this Part, convicted of an offence has, in addition to its ordinary meaning, the meaning set out in subregulation (2). (2) For this Part, a person is taken to have been convicted of an offence if: (a) he or she is found guilty of the offence but is discharged without a conviction being recorded; or (b) with his or her consent, the offence is taken into account in sentencing him or her for another offence. Subpart 67.B --Designated aviation medical examiners and designated aviation ophthalmologists CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.025 Application for appointment as DAME or DAO (1) A medical practitioner may apply to CASA for appointment as a DAME or DAO for the purposes of this Part. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (2) An application must be in writing and must be accompanied by copies of the following documents: (a) the certificate of the applicant's registration as a medical practitioner in the State or Territory of Australia, or the Contracting State, in which he or she proposes to function as a DAME or DAO; (b) if the applicant is applying for appointment as a DAME--either: (i) a certificate as to his or her successful completion of a course in aviation medicine approved by CASA; or (ii) documents that are evidence of his or her demonstrated competence in aviation medicine; (c) if the applicant is applying for appointment as a DAO--documents that are evidence that: (i) he or she is a Fellow of the Royal Australian College of Ophthalmologists or has postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by the Human Services Department or by the public hospital service or public health service of a State or Territory of Australia; or (ii) if the applicant is practising in a country other than Australia--he or she has postgraduate qualifications in ophthalmology that are acceptable to CASA. Note: The documents 'Conditions of Appointment for DAMEs' and 'Conditions of Appointment for DAOs' (part of the application form for an appointment as a DAME or DAO) are available from CASA's website at: http://www.casa.gov.au/manuals/regulate/dame/form755.pdf. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.030 More information for application (2) If CASA gives a notice under regulation 11.040 to an applicant for appointment as a DAME or DAO, the notice must include a statement to the effect that the application will be taken to be withdrawn if the information or document is not given to CASA within 1 month or any further time allowed by CASA under paragraph (3)(b). (3) The applicant must give to CASA the information or document: (a) within 1 month after the date of the notice; or (b) if the applicant asks CASA for an extension of time before the end of the month and CASA extends the time within which the applicant must give the information--before the end of the extended period. (4) If the applicant does not comply with subregulation (3), the application is taken to be withdrawn by the applicant. (5) If an applicant for appointment as a DAME or DAO is designated in a Contracting State as a medical examiner for subclause 1.2.2.4 of Annex 1, Personnel Licensing, to the Chicago Convention, CASA need not consider the application unless the applicant authorises the authority of the Contracting State that designated the applicant under that subclause to disclose to CASA information about the applicant's performance and competence as a medical examiner. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.035 Continuation of appointment until application decided (1) This regulation applies in relation to an appointment of a DAME or DAO that is granted by CASA for a specified period (the old appointment) if: (a) at least 1 month before the time when the old appointment would, but for this regulation cease, its holder applies to CASA under this Subpart for a new appointment that authorises the holder to exercise the same powers or perform the same functions as the old appointment; and (b) at the time when the old appointment would, but for this regulation cease, CASA has not made a decision on the application. (2) Despite anything else in these Regulations, but subject to subregulations (3) and (4), the old appointment continues in force until CASA makes a decision on the application. (3) If CASA asks for information or a document under regulation 11.040 and the holder does not provide the information or document within the period mentioned in paragraph 67.030(3)(a) or any further period allowed by CASA under paragraph 67.030(3)(b), the old appointment is taken to cease at the end of that period. (4) If subregulation 67.030(5) applies to the holder and the holder has not authorised the authority of the Contracting State concerned to disclose to CASA information about the holder's performance and competence as a medical examiner within 1 month after the date of the application, the old appointment is taken to cease at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.040 When decision must be made (1) Subject to this regulation, if CASA does not make a decision about an application for appointment as a DAME or DAO within 3 months after receiving it, CASA is taken to have refused the application. (2) If CASA asks for information or a document under regulation 11.040, the time between when CASA asks for the information or document, and when the applicant gives CASA the information or document, does not count towards the period. (3) If subregulation 67.030(5) applies to the applicant, any time between when the applicant submits the application to CASA and when the applicant authorises the authority of the Contracting State concerned to disclose to CASA information about the applicant's performance and competence as a medical examiner, does not count towards the period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.045 Appointment of DAMEs (1) Subject to regulation 11.055, if a medical practitioner has applied for appointment as a DAME in accordance with this Subpart, CASA must appoint the practitioner as a DAME if: (a) the practitioner is registered in the State or Territory of Australia, or registered or licensed in the Contracting State, in which he or she proposes to function as a DAME; and (b) either he or she: (i) has received training acceptable to CASA in aviation medicine; or (ii) has demonstrated competence in aviation medicine. Note 1: The courses of training generally acceptable are set out in the Designated Aviation Medical Examiner's Handbook, available from CASA's website at http://www.casa.gov.au. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to appoint, or cancelling, suspending or varying, the appointment of, a person as a DAME; or (b) a decision imposing a condition on an appointment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.055 DAMEs--declaration about holders of position (1) CASA may declare, in writing, that the person holding or occupying a particular office or position from time to time, or performing the duties of a particular office or position from time to time, is, subject to subregulation (3), taken to be a DAME. (2) CASA may also declare, in writing, that a medical practitioner specified in the declaration is, for the purposes of doing a particular act or thing specified in the declaration, taken to be a DAME. (3) A declaration under subregulation (1) has no effect in relation to a person occupying or performing the duties of an office or position if the person is not a medical practitioner. (4) Subject to subregulation (5), a declaration under subregulation (1) remains in force: (a) unless it is revoked; or (b) if a period (which must not be less than 4 weeks) is specified in the declaration--until the end of that period unless it is sooner revoked. (5) A declaration under subregulation (1) is not in force while it is suspended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.060 DAMEs--conditions (1) The appointment of a DAME is subject to the following conditions: (a) that he or she complies with any requirement of the Designated Aviation Medical Examiner's Handbook that is applicable to him or her; (b) that he or she observes the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; (c) that he or she undertakes continuing training in aviation medicine according to a course or system specified, or referred to, on the CASA website or otherwise approved by CASA; (d) that, if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), he or she tells CASA of the conviction in writing as soon as practicable. Note: For the extended meaning of convicted of an offence, see regulation 67.020. (2) A declaration under subregulation 67.055(1) is subject to the conditions that a person occupying, or performing the duties of, the office or position to which the declaration relates: (a) observes, while he or she is acting as a DAME, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; and (b) if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), tells CASA of the conviction in writing as soon as practicable. (3) A declaration under subregulation 67.055(2) is subject to the condition that the person specified in the declaration observes, while he or she is acting as a DAME, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.065 Appointment of DAOs (1) Subject to regulation 11.055, if a medical practitioner has applied for appointment as a DAO in accordance with this Subpart, CASA must appoint the practitioner as a DAO if the practitioner has the qualifications mentioned in subregulation (4). Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to appoint, or cancelling, suspending or varying, the appointment of, a person as a DAO; or (b) a decision imposing a condition on an appointment. (4) The qualifications are: (a) in the case of a practitioner who is an ophthalmologist practising in Australia--being a Fellow of the Royal Australian College of Ophthalmologists or otherwise having postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by the Human Services Department or by the public hospital service or public health service of a State or Territory of Australia; and (b) in the case of a practitioner who is an ophthalmologist practising in a country other than Australia--having postgraduate qualifications in ophthalmology that are acceptable to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.075 DAOs--declaration about holders of position (1) CASA may declare, in writing, that the person holding or occupying a particular office or position from time to time, or performing the duties of a particular office or position from time to time, is, subject to subregulation (3), taken to be a DAO. (2) CASA may also declare, in writing, that a qualified person specified in the declaration is, for the purposes of doing a particular act or thing specified in the declaration, taken to be a DAO. (3) A declaration under subregulation (1) has no effect in relation to a person occupying, or performing the duties of, an office or position if: (a) the person is not a Fellow of the Royal Australian College of Ophthalmologists, or does not have postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by the Human Services Department or by the public hospital service or public health service of a State or Territory of Australia; or (b) in the case of an ophthalmologist practising in a country other than Australia--the person does not have postgraduate qualifications in ophthalmology that are acceptable to CASA. (4) Subject to subregulation (5), a declaration under subregulation (1) remains in force: (a) unless it is revoked; or (b) if a period (which must not be less than 4 weeks) is specified in the declaration--until the end of that period unless it is sooner revoked. (5) A declaration under subregulation (1) is not in force while it is suspended. (6) In this regulation: " qualified person "means a person who is a medical practitioner having the qualifications referred to in paragraph 67.065(4)(a) or (b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.080 DAOs--conditions (1) The appointment of a DAO is subject to the following conditions: (a) that he or she observes the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; (b) that he or she undertakes continuing training in ophthalmology according to courses or systems acceptable to CASA; (c) that, if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), he or she tells CASA of the conviction in writing as soon as practicable. Note: For the extended meaning of convicted of an offence, see regulation 67.020. (2) A DAO who is a Fellow of the Royal Australian College of Ophthalmologists, and undertakes continuing education in ophthalmology according to the requirements of the College, is taken to satisfy the requirement in paragraph (1)(b) as to continuing training in ophthalmology. (3) A declaration under subregulation 67.075(1) is subject to the conditions that a person occupying, or performing the duties of, the office or position to which the declaration relates: (a) observes, while he or she is acting as a DAO, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; and (b) if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), tells CASA of the conviction in writing as soon as practicable. Note: For the extended meaning of convicted of an offence, see regulation 67.020. (4) A declaration under subregulation 67.075(2) is subject to the condition that the person specified in the declaration observes, while he or she is acting as a DAO, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.090 Release of information about performance of DAMEs or DAOs (1) CASA may disclose, to an authority referred to in subregulation (3), information about the performance and competence as a medical examiner of a person who: (a) is a DAME or a DAO; or (b) is performing or has performed the duties of a position referred to in a declaration under subregulation 67.055(1) or 67.075(1). (2) Despite subregulation (1), CASA may only disclose to the authority the information if CASA has taken all reasonable steps to ensure that that authority has given appropriate undertakings: (a) for protecting the confidentiality of the information; and (b) for ensuring that it is used only for the purpose of assessing the performance and competence of the person as a medical examiner. (3) The authority is the authority of a Contracting State that designates medical examiners for that State for subclause 1.2.2.4 of Annex 1, Personnel Licensing, to the Chicago Convention, being an authority: (a) that has designated the person for that subclause; or (b) to which the person has applied to be so designated. Note: Medical practitioners who apply to CASA for appointment as DAMEs or DAOs and persons occupying, or performing the duties of, an office or position to which a declaration under subregulation 67.055(1) or 67.075(1) relates are notified by CASA about the effect of regulation 67.090. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.095 DAMEs and DAOs--cancellation or surrender of appointment (1) CASA may cancel a person's appointment as a DAME or DAO if there are reasonable grounds for believing that the person: (a) has contravened a condition to which his or her appointment is subject; or (b) has contravened regulation 67.125 or subregulation 67.170(1); or (c) does not meet, or does not continue to meet, a requirement of, or imposed under, this Subpart for getting or holding the appointment. (2) Before cancelling the appointment of a person as a DAME or DAO under subregulation (1), CASA: (a) must give to the person a show cause notice that: (i) sets out the matters that might constitute grounds for cancellation; and (ii) invites the person, within a reasonable time stated in the notice, to make representations explaining why his or her appointment should not be cancelled; and (b) must take into account any written representations that the person makes within the period stated in the notice. (3) If CASA cancels the appointment of a person as a DAME or DAO under subregulation (1), CASA must give the person written notice of the cancellation, setting out the grounds for the cancellation. Note: A decision by CASA to cancel a DAME's or DAO's appointment is reviewable by the Administrative Appeals Tribunal--see regulation 67.141. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.100 DAMEs and DAOs--automatic suspension and cancellation after criminal conviction (1) This regulation applies to a person appointed as a DAME or DAO who is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed). Note 1: For the extended meaning of convicted of an offence, see regulation 67.020. Note 2: This regulation operates subject to the provisions of Part VIIC of the Crimes Act 1914. (2) The person's appointment is taken to be suspended at the time of the conviction. (3) The person's appointment is taken to be cancelled: (a) if he or she appeals against the conviction and the appeal is dismissed--at the time the appeal is dismissed; or (b) if he or she does not appeal against the conviction--on the last day for lodging such an appeal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.105 DAMEs--automatic cancellation on ceasing to be medical practitioner (1) Subject to subregulation (2), this regulation applies to a person appointed as a DAME who ceases to be a medical practitioner. (2) This regulation does not apply to a person who is registered or licensed as a medical practitioner in a country other than Australia, and registered as a medical practitioner in a State or Territory of Australia, if he or she ceases to be registered or licensed as a medical practitioner in the other country. (3) The person's appointment is taken to be cancelled at the time he or she ceases to be registered or licensed as a medical practitioner. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.110 DAOs--automatic cancellation on ceasing to be medical practitioner or ophthalmologist (1) Subject to subregulation (2), this regulation applies to a person appointed as a DAO who ceases to be a medical practitioner or specialist ophthalmologist. (2) This regulation does not apply to a person who is registered or licensed as a medical practitioner in a country other than Australia and registered as a medical practitioner in a State or Territory of Australia if he or she ceases to be registered or licensed as a medical practitioner in the other country. (3) The person's appointment is taken to be cancelled: (a) at the time he or she ceases to be a specialist ophthalmologist; or (b) if he or she ceases to be registered or licensed as a medical practitioner--at the time he or she so ceases. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.120 Revocation of declarations (1) CASA may revoke a declaration made under subregulation 67.055(1) or 67.075(2) in respect of a particular office or position by written notice to the body or organisation of which the office or position forms part if there are reasonable grounds for believing that: (a) a fact or circumstance exists that, had it existed and been known to CASA at the time the declaration was made, is likely to have resulted in the declaration not being made; or (b) continuing the particular office or position to be declared would be likely to have an adverse effect on the safety of air navigation. (2) Before revoking a declaration made under subregulation 67.055(1) or 67.075(2) in respect of a particular office or position, CASA must give to the body or organisation of which the office forms part: (a) written notice of the matters that might constitute grounds for the revocation of the declaration; and (b) a reasonable opportunity to make representations explaining why the declaration should not be revoked. (3) Despite anything else in this Part, CASA must revoke a declaration made under subregulation 67.055(1) or 67.075(1) if the organisation or body of which the office or position specified in it forms part asks CASA in writing to revoke the declaration. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.125 Obligation to report If the holder of a medical certificate tells a DAME or DAO about a medical condition that is safety-relevant, the DAME or DAO must inform CASA of the condition within 5 working days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.130 Surrender of certificate of appointment (1) CASA may require, by written notice, a DAME or DAO to surrender any certificate or replacement certificate issued to the person under regulation 11.060 within a reasonable time specified in the notice. (2) The DAME or DAO must comply with the requirement. Penalty: 5 penalty units. (3) A person who fails to comply with subregulation (2) is guilty of an offence in respect of each day during which the person refuses or fails to comply with the requirement, including the day of any conviction for such an offence. (4) A person must not destroy, mutilate or deface a certificate that he or she is required to surrender to CASA under subregulation (1) with intent to evade the obligation to comply with the requirement. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.140 Indemnification of medical reporting (1) In this regulation: " indemnified act " means any of the following acts: (a) advising CASA that a person does not meet a relevant medical standard; (b) expressing to CASA, whether in writing or otherwise, an opinion that a person whom the practitioner has examined or treated may not be competent or medically fit to undertake a duty or exercise a privilege under a licence that the person holds or has applied for, because of: (i) illness or bodily or mental infirmity, defect or incapacity suffered by the person; or (ii) the effect on the person of treatment for any illness, infirmity, defect or incapacity; (c) stating to CASA, whether in writing or otherwise: (i) the nature of a person's illness, infirmity, defect or incapacity; or (ii) the effect on a person of treatment for any illness, infirmity, defect or incapacity. (2) A DAME or DAO is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of carrying out his or her functions under this Part. (3) A person to whom, or an organisation to which, subregulation (4) applies is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of answering any question put to the person or organisation by CASA: (a) that concerns a person who has applied for, or holds, a medical certificate; and (b) that is relevant to any action CASA may take under this Part. (4) This subregulation applies to: (a) a medical practitioner; and (b) a specialist psychiatrist or clinical psychologist; and (c) a person, organisation, body or authority referred to in paragraph 67.180(6)(b), (c), (d) or (e) or 67.225(6)(b), (c), (d) or (e); and (d) a person, organisation, body or authority acting on behalf of a person, organisation, body or authority referred to in paragraph (c). Subpart 67.C --Medical certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.145 Kinds of medical certificate There are 3 classes of medical certificate, as follows: (a) class 1 medical certificate; (b) class 2 medical certificate; (c) class 3 medical certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.150 Who meets medical standard 1 (1) Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.150 meets medical standard 1. (2) A person may use contact lenses to meet the criterion in item 1.35 of table 67.150 if the lenses are monofocal and not tinted, and are well tolerated. (3) A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA. (4) A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 1.35 of table 67.150 until he or she is free of safety-relevant sequelae of the surgery. (5) A person who requires both near correction and distant correction to meet the criteria in items 1.35 and 1.36 of table 67.150 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction. (6) A person must demonstrate that he or she meets the criterion in item 1.39 of table 67.150 by: (a) in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo-isochromatic plates of the Ishihara 24-plate type, making no more than 2 errors; or (b) for somebody who makes more than 2 errors in a test mentioned in paragraph (a), readily identifying aviation coloured lights displayed by means of a Farnsworth colour-perception lantern, making: (i) no errors on 1 run of 9 pairs of lights; or (ii) no more than 2 errors on a sequence of 2 runs of 9 pairs of lights; or (c) for somebody who does not satisfy paragraph (a) or (b), correctly identifying all relevant coloured lights in a test, determined by CASA, that simulates an operational situation. (7) If a change is made to a criterion in an item of table 67.150, a person who held a class 1 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made. Table 67.150 Criteria for medical standard 1 Item Criterion Abnormalities, disabilities and functional capacity 1.1 Has no safety-relevant condition of any of the following kinds that produces any degree of functional incapacity or a risk of incapacitation: (a) an abnormality; (b) a disability or disease (active or latent); (c) an injury; (d) a sequela of an accident or a surgical operation 1.2 Has no physical conditions or limitations that are safety-relevant 1.3 Is not using any over-the-counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety-relevant Mental fitness 1.4 Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety-relevant: (a) psychosis; (b) significant personality disorder; (c) significant mental abnormality or neurosis 1.5 Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention) 1.6 If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention): (a) the person's abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and (b) the person is not suffering from any safety-relevant sequelae resulting from the person's use of the substance; and (c) the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy Note: In Annex 1, Personnel Licensing, to the Chicago Convention, 'Problematic use of substances' is defined as follows: 'The use of one or more psychoactive substances by aviation personnel in a way that: a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or b) causes or worsens an occupational, social, mental or physical problem or disorder.'. 'Psychoactive substances' is there defined as 'Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.'. Nervous system 1.7 Has no established medical history or clinical diagnosis of: (a) a safety-relevant disease of the nervous system; or (b) epilepsy; or (c) a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur 1.8 Is not suffering from safety-relevant effects of a head injury or neurosurgical procedure Cardiovascular system 1.9 Has no safety-relevant heart abnormality 1.10 Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner's Handbook (even if approved drugs are used to maintain the blood pressure within those limits) 1.11 Has no significant functional or structural abnormality of the circulatory tree Respiratory system 1.12 Is not suffering from a safety-relevant condition of the respiratory system 1.13 Has full and free respiratory function without the use of drugs (other than drugs approved by CASA for this item) that act on the respiratory organs Alimentary system and metabolic disorders 1.14 Is not suffering from any safety-relevant defect of the digestive system or its adnexae, nor from any safety-relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae 1.15 Is not suffering from any safety-relevant metabolic, nutritional or endocrine disorders 1.16 If suffering from diabetes mellitus--the diabetes is satisfactorily controlled without the use of any anti-diabetic drug Reticulo-endothelial system 1.17 Is not suffering from an enlargement of the spleen that causes a significant displacement below the costal margin 1.18 Is not suffering from a safety-relevant condition of any of the following kinds: (a) localised or generalised enlargement of the lymphatic nodes; (b) a disease of the blood; (c) an immune deficiency disorder Genito-urinary system 1.19 Is not suffering from any safety-relevant disease of the genito-urinary system 1.20 Has no safety-relevant sequelae of disease or surgical procedures on the kidneys or urinary tract 1.21 Kidneys and urinary tract are free of significant obstructions 1.22 If there is any personal history of syphilis--provides evidence that adequate treatment has been completed and that there are no safety-relevant sequelae of the infection Gynaecological and obstetrical 1.23 Does not suffer from safety-relevant menstrual disturbances 1.24 If pregnant--the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for Note: See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence. Skeletal system 1.25 Is not suffering from safety-relevant active disease of the bones, joints, muscles or tendons 1.26 Is not suffering from safety-relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons Ear, nose and throat 1.27 Is not suffering from: (a) active pathological processes of the internal ear or of the middle ear; or (b) permanent obstructions of the Eustachian tubes; or (c) permanent disturbances of the vestibular apparatus 1.28 Has no safety-relevant condition of the buccal cavity or the upper respiratory tract Hearing requirements 1.29 Is not suffering from any safety-relevant hearing defect 1.30 If suffering from a hearing loss (measured in a quiet room using a properly calibrated, compensated audiometer) in either ear of more than: (a) 35 dB at any of the frequencies of 500 Hz, 1 000 Hz or 2 000 Hz; or (b) 50 dB at 3 000 Hz-- passes a speech discrimination test, or an operational check, carried out by an approved person in an aircraft of similar ambient noise level to that in which the person being tested is or will be operationally involved Visual requirements 1.31 Eyes and their adnexae function normally 1.32 Is not suffering from any safety-relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma 1.33 Has normal fields of vision 1.34 Has normal binocular vision 1.35 Has a distant visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular (with or without correcting lenses) 1.36 Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre Note: A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence--see regulation 67.200. 1.37 Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses) 1.38 If using contact lenses to meet the visual standards set out in items 1.31 to 1.37: (a) is able to wear those lenses for twice the projected length of flight time or duty time for the person without deterioration in visual acuity or discomfort; and (b) if the lenses are of the hard or gas-permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly Colour perception 1.39 Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence Note: For how to demonstrate this, see subregulation 67.150(6). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.155 Who meets medical standard 2 (1) Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.155 meets medical standard 2. (2) A person may use contact lenses to meet the criterion in item 2.35 of table 67.155 if the lenses are monofocal and not tinted, and are well tolerated. (3) A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA. (4) A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 2.35 of table 67.155 until he or she is free of safety-relevant sequelae of the surgery. (5) A person who requires both near correction and distant correction to meet the criteria in items 2.35 and 2.36 of table 67.155 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction. (6) A person must demonstrate that he or she meets the criterion in item 2.39 of table 67.155 by: (a) in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo-isochromatic plates of the Ishihara 24-plate type, making no more than 2 errors; or (b) for somebody who makes more than 2 errors in a test mentioned in paragraph (a), readily identifying aviation coloured lights displayed by means of a Farnsworth colour-perception lantern, making: (i) no errors on 1 run of 9 pairs of lights; or (ii) no more than 2 errors on a sequence of 2 runs of 9 pairs of lights; or (c) for somebody who does not satisfy paragraph (a) or (b), correctly identifying all relevant coloured lights in a test, determined by CASA, that simulates an operational situation. (7) If a change is made to a criterion in an item of table 67.155, a person who held a class 2 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made. Table 67.155 Criteria for medical standard 2 Item Criterion Abnormalities, disabilities and functional capacity 2.1 Has no safety-relevant condition of any of the following kinds that produces any degree of functional incapacity or a risk of incapacitation: (a) an abnormality; (b) a disability or disease (active or latent); (c) an injury; (d) a sequela of an accident or a surgical operation 2.2 Has no physical conditions or limitations that are safety-relevant 2.3 Is not using any over-the-counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety-relevant Mental fitness 2.4 Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety-relevant: (a) psychosis; (b) significant personality disorder; (c) significant mental abnormality or neurosis 2.5 Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention) 2.6 If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention): (a) the person's abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and (b) the person is not suffering from any safety-relevant sequelae resulting from the person's use of the substance; and (c) the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy Note: In Annex 1, Personnel Licensing, to the Chicago Convention, 'Problematic use of substances' is defined as follows: 'The use of one or more psychoactive substances by aviation personnel in a way that: a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or b) causes or worsens an occupational, social, mental or physical problem or disorder.'. 'Psychoactive substances' is there defined as 'Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.'. Nervous system 2.7 Has no established medical history or clinical diagnosis of: (a) a safety-relevant disease of the nervous system; or (b) epilepsy; or (c) a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur 2.8 Is not suffering from safety-relevant effects of a head injury or neurosurgical procedure Cardiovascular system 2.9 Has no safety-relevant heart abnormality 2.10 Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner's Handbook (even if approved drugs are used to maintain the blood pressure within those limits) 2.11 Has no significant functional or structural abnormality of the circulatory tree Respiratory system 2.12 Is not suffering from a safety-relevant condition of the respiratory system Alimentary system and metabolic disorders 2.13 Is not suffering from a safety-relevant defect of the digestive system or its adnexae, nor from any safety-relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae 2.14 Is not suffering from safety-relevant metabolic, nutritional or endocrine disorders 2.15 If suffering from diabetes mellitus: (a) the condition is satisfactorily controlled without the use of any anti-diabetic drug; or (b) if an oral anti-diabetic drug is used to control the condition: (i) the condition is under on-going medical supervision and control; and (ii) the oral drug is approved by CASA Reticulo-endothelial system 2.16 Is not suffering from an enlargement of the spleen that causes a significant displacement below the costal margin 2.17 Is not suffering from a safety-relevant condition of any of the following kinds: (a) localised or generalised enlargement of the lymphatic nodes; (b) a disease of the blood; (c) an immune deficiency disorder Genito-urinary system 2.18 Is not suffering from any safety relevant disease of the genitor-urinary system 2.19 Has no safety-relevant sequelae of disease or surgical procedures on the kidneys or urinary tract 2.20 Kidneys and urinary tract are free of significant obstructions 2.21 If there is any personal history of syphilis--provides evidence that adequate treatment has been completed and that there are no safety-relevant sequelae of the infection Gynaecological and obstetrical 2.22 Does not suffer from safety-relevant menstrual disturbances 2.23 If pregnant--the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for Note: See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence. Skeletal system 2.24 Is not suffering from safety-relevant active disease of the bones, joints, muscles or tendons 2.25 Is not suffering from safety-relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons Ear, nose and throat 2.26 Is not suffering from: (a) active pathological processes of the internal ear or of the middle ear; or (b) permanent obstructions of the Eustachian tubes; or (c) permanent disturbances of the vestibular apparatus 2.27 Has no safety-relevant condition of the buccal cavity or the upper respiratory tract Hearing 2.28 Is not suffering from any safety-relevant hearing defect 2.29 With or without a hearing aid, is able to hear with both ears an average conversational voice in a quiet room while at a distance of 2 metres from the examiner, and looking away from the examiner 2.30 For somebody who fails to meet the standard in item 2.29, passes an operational check by an approved person in an aircraft having a similar ambient noise level to that in which the person is or will be operationally involved Visual requirements 2.31 Eyes and their adnexae function normally 2.32 Is not suffering from any safety-relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma 2.33 Has normal fields of vision 2.34 Has normal binocular vision 2.35 Has a distant visual acuity of 6/12 or better in each eye separately and 6/9 or better binocular (with or without correcting lenses) 2.36 Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre Note: A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence--see regulation 67.200. 2.37 Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses) 2.38 If using contact lenses to meet the visual standards set out in items 2.31 to 2.37: (a) is able to wear those lenses for twice the projected length of flight time or duty time for the person without deterioration in visual acuity or discomfort; and (b) if the lenses are of the hard or gas-permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly Colour perception 2.39 Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence Note: For how to demonstrate this, see subregulation 67.155(6). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.160 Who meets medical standard 3 (1) Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.160 meets medical standard 3. (2) A person may use contact lenses to meet the criterion in item 3.33 of table 67.160 if the lenses are monofocal and not tinted, and are well tolerated. (3) A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA. (4) A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 3.33 of table 67.160 until he or she is free of safety-relevant sequelae of the surgery. (5) A person who requires both near correction and distant correction to meet the criteria in items 3.33 and 3.34 of table 67.160 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction. (6) If a person applies for a class 3 medical certificate, the person must demonstrate that he or she meets the criterion in item 3.37 of table 67.160 by, in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo-isochromatic plates of the Ishihara 24-plate type, making no more than 2 errors. (7) If a change is made to a criterion in an item of table 67.160, a person who held a class 3 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made. Table 67.160 Criteria for medical standard 3 Item Criterion Abnormalities, disabilities and functional capacity 3.1 Has no safety-relevant condition of any of the following kinds that produces any degree of functional incapacity, or risk of incapacitation: (a) an abnormality; (b) a disability or disease (active or latent); (c) an injury; (d) a sequela of an accident or a surgical operation 3.2 Has no physical conditions or limitations that are safety-relevant 3.3 Is not using any over-the-counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety-relevant Mental fitness 3.4 Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety-relevant: (a) psychosis; (b) significant personality disorder; (c) significant mental abnormality or neurosis 3.5 Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention) 3.6 If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention): (a) the person's abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and (b) the person is not suffering from any safety-relevant sequelae resulting from the person's use of the substance; and (c) the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy Note: In Annex 1, Personnel Licensing, to the Chicago Convention, 'Problematic use of substances' is defined as follows: 'The use of one or more psychoactive substances by aviation personnel in a way that: a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or b) causes or worsens an occupational, social, mental or physical problem or disorder.'. 'Psychoactive substances' is there defined as 'Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.'. Nervous system 3.7 Has no established medical history or clinical diagnosis of: (a) a safety-relevant disease of the nervous system; or (b) epilepsy; or (c) a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur 3.8 Is not suffering from safety-relevant effects of a head injury or neurosurgical procedure Cardiovascular system 3.9 Has no safety-relevant heart abnormality 3.10 Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner's Handbook (even if approved drugs are used to maintain the blood pressure within those limits) 3.11 Has no significant functional or structural abnormality of the circulatory tree Respiratory system 3.12 Is not suffering from a safety-relevant condition of the respiratory system Alimentary system and metabolic disorders 3.13 Is not suffering from a safety-relevant defect of the digestive system or its adnexae, nor from any safety-relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae 3.14 Is not suffering from safety-relevant metabolic, nutritional or endocrine disorders 3.15 If suffering from diabetes mellitus: (a) the condition is satisfactorily controlled without the use of any anti-diabetic drug; or (b) if an oral anti-diabetic drug is used to control the condition: (i) the condition is under on-going medical supervision and control; and (ii) the oral drug is approved by CASA Reticulo-endothelial system 3.16 Is not suffering from a safety-relevant condition of any of the following kinds: (a) localised or generalised enlargement of the lymphatic nodes; (b) a disease of the blood; (c) an immune deficiency disorder Genito-urinary system 3.17 Is not suffering from any safety relevant disease of the genito-urinary system 3.18 Has no sequelae of disease or surgical procedures on the kidneys or urinary tract 3.19 Kidneys and urinary tract are free of significant obstructions 3.20 If there is any personal history of syphilis--provides evidence that adequate treatment has been completed and that there are no safety-relevant sequelae of the infection Gynaecological and obstetrical 3.21 Does not suffer from safety-relevant menstrual disturbances 3.22 If pregnant--the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for Note: See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence. Skeletal system 3.23 Is not suffering from safety-relevant active disease of the bones, joints, muscles or tendons 3.24 Is not suffering from safety-relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons Ear, nose and throat 3.25 Is not suffering from: (a) active pathological processes of the internal ear or of the middle ear; or (b) permanent disturbances of the vestibular apparatus 3.26 Has no safety-relevant condition of the buccal cavity or the upper respiratory tract Hearing requirements 3.27 Is not suffering from any safety-relevant hearing defect 3.28 If suffering from a hearing loss (measured in a quiet room using a properly calibrated, compensated audiometer) in either ear of more than: (a) 35 dB at any of the frequencies of 500 Hz, 1 000 Hz or 2 000 Hz; or (b) 50 dB at 3 000 Hz-- passes a speech discrimination test, or an operational check, carried out by an approved person Visual requirements 3.29 Eyes and their adnexae function normally 3.30 Is not suffering from any safety-relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma 3.31 Has normal binocular vision 3.32 Has normal fields of vision 3.33 Has a distant visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular (with or without correcting lenses) 3.34 Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre Note: A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence--see regulation 67.200. 3.35 Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses) 3.36 If using contact lenses to meet the visual standards set out in items 3.29 to 3.35: (a) is able to wear those lenses for twice the projected length of duty time for the person without deterioration in visual acuity or discomfort; and (b) if the lenses are of the hard or gas-permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly Colour perception 3.37 Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence Note: For how to demonstrate this, see subregulation 67.160(6). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.165 Directions about examinations for issue of medical certificates (1) If CASA has reason to believe that an applicant for the issue of a medical certificate has a condition (including a condition other than a medical condition) that may, if he or she is issued the medical certificate, endanger the safety of air navigation, CASA may direct the applicant to do either or both of the following: (a) submit to an examination carried out by a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or a practitioner of another kind specified in the direction; (b) submit to an examination or test by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity in respect of which the medical certificate is sought. (2) For paragraph (1)(a), CASA may nominate a particular practitioner, of a kind mentioned or referred to in that paragraph, who is to carry out the examination. (3) For paragraph (1)(b), CASA may nominate a particular person who is expert in the safe performance of the activity concerned to carry out the examination. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.170 Evidence of identity (1) If a person submits to a relevant examination by a DAME or DAO, the DAME or DAO must ask the person to produce evidence of his or her identity before finishing the examination. (2) The evidence must include a photograph of the person. Example: The identification might take the form of a passport or any of the following that includes a photograph: a driver's licence, a workplace identification document, a student's identity card. (3) However, subregulation (1) does not require the DAME or DAO to ask the person to produce the evidence if the DAME or DAO knows or reasonably believes the person is who the person claims to be. (4) If the DAME or DAO has asked the person to produce evidence of his or her identity under subregulation (1), the DAME or DAO may refuse to carry out, or finish, the examination until the person produces the evidence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.175 Medical certificates--application A person may apply to CASA for the issue of a medical certificate. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.180 Medical certificates--issue and refusal (1) Subject to subregulation (7) and regulation 11.055, on receiving an application under regulation 67.175, CASA must issue a medical certificate to the applicant if the applicant meets the requirements of subregulation (2). (2) For subregulation (1), the requirements are: (a) the applicant has undergone any relevant examinations that, in the opinion of CASA, are necessary in the particular case; and (b) each relevant examination has been carried out by an examiner to whom subregulation (4) applies; and (c) for each relevant examination, the applicant answers every question asked by the examiner that the examiner considers necessary to help CASA to decide whether the applicant meets the relevant medical standard; and (d) subject to subregulation (5), the applicant authorises the disclosure to CASA and the examiner of any information about the applicant that may help CASA to decide whether the applicant meets the relevant medical standard, being information that is held by a person, organisation, body or authority referred to in subregulation (6); and (e) either: (i) the applicant meets the relevant medical standard; or (ii) if the applicant does not meet that medical standard--the extent to which he or she does not meet the standard is not likely to endanger the safety of air navigation; and (f) if, in addition to any relevant examinations that the applicant has undergone under paragraph (a), CASA has directed the applicant to undergo an examination under subregulation 67.165(1): (i) the applicant has undergone that examination; and (ii) having taken into account the result of the examination, CASA is satisfied that issuing a medical certificate to the applicant would not endanger the safety of air navigation. Note 1: The routine examinations that an applicant for the issue of a medical certificate must undergo to establish whether he or she meets the relevant medical standard for the certificate are those set out in the Designated Aviation Medical Examiner's Handbook. Note 2: Part VIIC of the Crimes Act 1914 operates to prevent any requirement to disclose a spent conviction. For details, see that Part. Note 3: A false statement in relation to the issue of a certificate is an offence punishable by imprisonment for 12 months--see the Criminal Code, section 137.1. Note 4: A person may not meet any of the medical standards if the person has a history of 'problematic use of substances'--see items 1.5 and 1.6 of table 67.150, items 2.5 and 2.6 of table 67.155 and items 3.5 and 3.6 of table 67.160. Note 5: For the period for which a medical certificate remains in force, see regulation 67.205. (3) This subregulation applies to an applicant: (a) whose medical certificate (the old certificate) has expired; and (b) who: (i) applies to CASA for the issue of a new medical certificate within 3 months after the old certificate expired; and (ii) in the opinion of CASA, is not required to undergo any relevant examinations for the issue of the new certificate. Note: If a medical certificate is issued to an applicant referred to in subregulation (3), the medical certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate--see subregulation 67.205(4). (4) This subregulation applies to the following persons: (a) a DAME; (b) a DAO; (c) a specialist medical practitioner, or any other medical practitioner, who CASA has directed may carry out medical examinations for the purposes of subregulation (2); (d) if CASA has directed that the applicant be assessed by a specialist psychiatrist or clinical psychologist--the psychiatrist or psychologist who carried out the assessment; (e) if CASA has directed that the applicant be assessed by an audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist, or similar practitioner--the practitioner who carried out the assessment; (f) if CASA has directed that the applicant be assessed by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity in respect of which the medical certificate is sought--the person who carried out the assessment. (5) An authorisation under paragraph (2)(d) does not require a person, organisation, body or authority to disclose: (a) information that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or (b) information that could not, because of Part 3.10 of the Evidence Act 1995, be given in evidence in a proceeding to which that Part applies. Note: Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self-incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act. (6) For paragraph (2)(d), the persons, organisations, bodies or authorities are as follows: (a) a medical practitioner; (b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant; (c) any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition; (d) an employer (including a former employer) of the applicant; (e) any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information of the kind referred to in paragraph (2)(d). (7) CASA must not issue a medical certificate to an applicant if it is satisfied that the applicant: (a) has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or (b) does not satisfy the requirements of this regulation; or (c) has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170(1). (8) A medical certificate issued to an applicant who does not meet the relevant medical standard for the issue of the certificate, or to whom subparagraph (2)(f)(ii) applies, must bear a note of that fact. (9) The fact that an applicant who does not meet the relevant medical standard in all respects has previously been issued with a medical certificate under subparagraph (2)(e)(ii) or (f)(ii) does not automatically entitle him or her to the issue of a further such medical certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.185 Notice of decision to refuse medical certificate (1) If: (a) CASA refuses to issue a medical certificate to a person; and (b) the reasons for the refusal included that the person failed to meet the relevant medical standard; the notice given to the person under regulation 11.060 must state the respects in which the person did not meet the standard. (2) Failure to comply with subregulation (1) in relation to a decision does not affect the validity of the decision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.190 Reconsideration of decision to refuse medical certificate (1) A person to whom CASA has refused to issue a medical certificate, or to whom CASA has issued a medical certificate subject to a condition not sought by the person, may apply to CASA in writing for reconsideration of the decision. (2) The application must be made within 21 days after the day when the person is told by CASA, in writing, that it: (a) has refused to issue a medical certificate to the person; or (b) has issued a medical certificate subject to a condition not sought by the person. (3) The reconsideration of an application submitted to CASA must not be carried out solely by the CASA officer who made the decision being reconsidered. Note: A refusal to issue a medical certificate is reviewable by the Administrative Appeals Tribunal--see the Act, section 31 and regulation 201.004. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.195 Medical certificate--conditions (2) Without limiting regulations 11.056 and 11.067, CASA may issue a medical certificate subject to a condition that the period during which the certificate remains in force may be extended only by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.200 Conditions applicable to certain medical certificates--correcting lenses (1) In addition to any other condition imposed by or under this Part or Part 11, a medical certificate issued to a person who needs correcting lenses to satisfy the requirements of item 1.36 of table 67.150, item 2.36 of table 67.155 or item 3.34 of table 67.160 is subject to the conditions set out in subregulations (2) and (4). (2) The person must have those correcting lenses available for use while exercising the privileges of a licence for which the certificate is required. (3) If the person is the holder of, or an applicant for, a licence for which he or she is required to meet medical standard 1 or 2, the correcting lenses may be a pair of spectacles or a combination of contact lenses and a pair of spectacles. (4) A person to whom subregulation (3) applies must have within reach, while he or she is performing duties essential to the operation of an Australian aircraft during flight time, a spare pair of spectacles for each pair of correcting lenses that he or she requires to meet the relevant medical standard. (5) The holder of a medical certificate that is subject to a condition set out in subregulation (2) or (4) must not contravene the condition. Penalty: 50 penalty units. (6) An offence against subregulation (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.205 Medical certificates--period in force (1) In this regulation: " appropriate day " means: (a) for a medical certificate issued to a person who: (i) has never held a medical certificate, or a person who has previously held a medical certificate that has expired; and (ii) has undergone any relevant examinations required for the purpose of the issue of the certificate; the day when the last relevant examination is completed; and (b) for a new medical certificate issued to a person: (i) who holds a medical certificate that is in force (the current certificate); and (ii) who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and (iii) whose last relevant examination is completed more than 28 days before his or her current certificate is due to expire; the day when the examination is completed; and (c) for a new medical certificate issued to a person: (i) who holds a medical certificate that is in force (the current certificate); and (ii) who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and (iii) whose last relevant examination is completed 28 or fewer days before his or her current certificate is due to expire; the day when the current certificate is due to expire. Example 1: A person who has never held a medical certificate has an examination for the issue of a medical certificate on 1 January 2003. The appropriate day for the certificate is 1 January 2003. Example 2: A person who holds a medical certificate that is due to expire on 1 January 2004 has an examination for a new certificate on 1 November 2003. The appropriate day for the new certificate is 1 November 2003. Example 3: A person who holds a medical certificate that is due to expire on 1 January 2004 has an examination for a new certificate on 20 December 2003. The appropriate day for the new certificate is 1 January 2004. Example 4: A person who held a medical certificate that expired on 1 January 2003 has an examination for a new certificate on 1 March 2003. The appropriate day for the new certificate is 1 March 2003. (2) A medical certificate comes into force: (a) if the holder has undergone any relevant examinations required for the purpose of the issue of the certificate and complies with the relevant medical standard in all respects--on the certificate's appropriate day; or (b) in any other case--on the day when the certificate is issued. (3) Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has undergone any relevant examinations required for the purpose of the issue of the certificate remains in force for the period set out in the certificate, being a period of not more than: (a) in the case of a class 1 medical certificate--1 year after the day when the certificate comes into force; and (b) in the case of a class 2 medical certificate: (i) if the person is less than 40 years old when the certificate is issued to him or her--4 years after the day when the certificate comes into force; or (ii) if the person is 40 years old or older when the certificate is issued to him or her--2 years after the day when the certificate comes into force; and (c) in the case of a class 3 medical certificate--2 years after the day when the certificate comes into force. (4) Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has not been required to undergo any relevant examinations for the purpose of the issue of the certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate. (5) Subject to subregulation (6), a medical certificate issued by a DAME remains in force for the period (which must not be longer than 2 months) set out in the certificate. (6) If a new medical certificate is issued to a person who holds a current medical certificate, and the new certificate comes into force before the current certificate is due to expire, the current certificate ceases to be in force at the last moment of the day before the day when the new certificate comes into force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.210 Medical certificates--application for extension of period in force (1) The holder of a current medical certificate issued by CASA may apply for an extension of the period during which the medical certificate remains in force. (2) The application may be made to: (a) CASA; or (b) if the certificate is not subject to a condition to the effect that the period during which the certificate remains in force may be extended only by CASA--a DAME. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.215 Medical certificates--extension of period in force by CASA (1) If, on receiving an application under regulation 67.210 for an extension of the period during which a current medical certificate remains in force, CASA is satisfied that extending the period will not adversely affect the safety of air navigation, CASA may extend the period by: (a) entering the period of the extension on the certificate; or (b) giving to the holder of the certificate a written notice setting out the period of the extension. (2) An extension by CASA of the period during which the certificate remains in force must not be for longer than 1 year after the day when the certificate would expire if the period had not been extended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.220 Medical certificates--extension of period in force by DAMEs (1) A DAME must, on receiving an application under regulation 67.210 for an extension of the period during which a current medical certificate remains in force: (a) deal with the application in accordance with the Designated Aviation Medical Examiner's Handbook; and (b) extend the period only if the DAME is satisfied that this will not adversely affect the safety of air navigation. (2) If the DAME extends the period during which a medical certificate remains in force, the DAME must: (a) enter the period of the extension on the certificate; or (b) give to the holder of the certificate a written notice setting out the period of the extension. (3) A medical certificate may be extended by a DAME only once. (4) An extension by a DAME of the period during which the certificate remains in force must not be for longer than 2 months after the day when the certificate would expire if the period had not been extended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.225 Medical certificates--new medical certificates issued by DAMEs (1) A person whose medical certificate has expired may apply to a DAME for the issue of a medical certificate under this regulation if the medical certificate: (a) was issued by CASA; and (b) was not subject to a condition that the period during which the certificate remains in force may be extended only by CASA. (2) An application must be made within 3 months after the medical certificate has expired. (3) On receiving an application under subregulation (1), a DAME must: (a) deal with it in accordance with the Designated Aviation Medical Examiner's Handbook; and (b) subject to this regulation, issue a new medical certificate to the applicant only if satisfied that: (i) the applicant has, subject to subregulation (5), authorised the disclosure of his or her medical information to the DAME, being information that is held by a person, organisation, body or authority referred to in subregulation (6); and (ii) issuing the medical certificate to the applicant will not adversely affect the safety of air navigation. Note: If a medical certificate is issued to a person by a DAME, the medical certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate--see subregulation 67.205(5). (4) The DAME must not issue a medical certificate to the applicant if the DAME is satisfied that the applicant: (a) has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or (b) does not satisfy the requirements of this regulation; or (c) has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170(1). (5) An authorisation under subparagraph (3)(b)(i) does not require a person, organisation, body or authority to disclose: (a) information that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or (b) information that could not, because of Part 3.10 of the Evidence Act 1995, be given in evidence in a proceeding to which that Part applies. Note: Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self-incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act. (6) For subparagraph (3)(b)(i), the persons, organisations, bodies or authorities are as follows: (a) a medical practitioner; (b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant; (c) any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition; (d) an employer (including a former employer) of the applicant; (e) any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information of the kind referred to in subparagraph (3)(b)(i). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.230 CASA may require medical examination of certificate holders (1) If it is necessary, in the interests of the safety of air navigation, for the holder of a medical certificate to demonstrate: (a) that he or she continues to meet the relevant medical standard; or (b) that holding the certificate does not adversely affect the safety of air navigation; CASA may direct the holder to do any 1 or more of the following: (c) submit to an examination carried out by a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or a practitioner of another kind specified in the direction; (d) submit to an examination or test by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity to which the medical certificate relates; (e) authorise the disclosure to CASA of any information about the holder, held by a person, organisation, body or authority referred to in subregulation (4), that may help CASA to decide whether: (i) the holder continues to meet that medical standard; or (ii) the holder's holding the certificate may adversely affect the safety of air navigation. (2) For paragraph (1)(c), CASA may nominate a particular practitioner, of a kind mentioned or referred to in that paragraph, who is to carry out the examination. (3) For paragraph (1)(d), CASA may nominate a particular person who is expert in the performance of the activity concerned to carry out the examination. (4) For paragraph (1)(e), the persons, organisations, bodies and authorities are as follows: (a) a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or similar practitioner who has examined or treated the holder; (b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the holder; (c) any other person or organisation (including a hospital) that has treated the holder for a medically significant condition; (d) an employer (including a former employer) of the holder; (e) any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information relevant to deciding whether the person's holding the certificate may adversely affect the safety of air navigation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.235 Suspension of medical certificates--pregnancy (1) A medical certificate held by a pregnant woman who holds, or is an applicant for, a licence is taken to be suspended: (a) during the period beginning immediately after the end of the 30th week of gestation and ending when a DAME certifies that she is fully recovered following delivery or the termination of the pregnancy; or (b) if in a particular case CASA directs in writing that a different period should apply--during the period so directed by CASA; or (c) if, before the start of the period mentioned in paragraph (a), the pregnancy ends in miscarriage or premature labour, or is terminated by medical intervention--from the time of the miscarriage, premature labour or intervention until a DAME certifies that the woman is fully recovered. Note: This regulation does not preclude a pilot who is pregnant from undertaking or receiving instruction in a flight simulator at any stage of the pilot's pregnancy. (2) Despite subregulation (1), a pregnant woman who holds an air traffic controller licence may continue to exercise the privileges of the licence until the end of the 38th week of gestation if: (a) the medical practitioner who is attending the woman certifies her continued medical fitness to do so each week beginning at the 31st week of gestation; and (b) a DAME certifies the woman's continuing fitness to do so each week beginning at the 31st week of gestation; and (c) another person who holds an air traffic controller licence, and is medically fit and able to take over responsibility for the function, is on duty and available at the times when she does so. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.240 Medical certificates--suspension pending examination (1) If CASA directs the holder of a medical certificate to submit to an examination under regulation 67.230, or to authorise the disclosure of information to CASA under that regulation, CASA may, in writing, suspend the medical certificate. (2) If CASA suspends a medical certificate, CASA must give the holder of the certificate written notice of the suspension and of the reasons for the suspension. (3) A suspension of a medical certificate takes effect when the holder of the certificate is told of the suspension, either orally or in writing. (4) If: (a) CASA suspends a medical certificate; and (b) the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and (c) the examination, test or information shows that: (i) the holder meets the relevant medical standard; and (ii) the continued holding of the certificate by the holder will not adversely affect the safety of air navigation; CASA must: (d) end the suspension; and (e) tell the holder in writing that the suspension has ended. (5) If: (a) CASA suspends a medical certificate; and (b) the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and (c) the examination, test or information shows either or both of the following: (i) the holder fails to meet the relevant medical standard; (ii) the continued holding of the certificate by the holder will adversely affect the safety of air navigation; CASA must tell the holder in writing the respect in which the holder does not meet the medical standard. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.245 Suspension of medical certificates--special arrangements for service in urgent cases (1) If there is reason to believe in a particular case that: (a) the holding of a medical certificate by a person may seriously and adversely affect the safety of air navigation; and (b) it is necessary, in the interests of the safety of air navigation, to suspend the certificate immediately; and (c) the person is likely to attempt to evade service on him or her of the notice of suspension; CASA may give the notice to the person in any way by which it is likely to be quickly brought to the person's attention. (2) In particular, if no other method of giving the notice is practicable in the circumstances, the notice may be given by fixing it in a prominent position to an aircraft that the person is likely to fly. (3) A notice that is fixed to an aircraft is taken to have been given to the person at the time it is fixed to the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.250 Medical certificates--effect of suspension If CASA suspends a medical certificate, its holder is taken not to be the holder of a medical certificate during the period of the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.255 Medical certificates--cancellation if medical standard not met (1) If, after undergoing an examination for the purposes of regulation 67.180 or under regulation 67.230, the holder of a medical certificate fails to meet the relevant medical standard for the certificate (or, in the case of a person who did not, at the time the certificate was issued, meet the standard in all respects, fails to meet the standard in an additional respect), CASA must: (a) by written notice given to the holder, cancel the certificate; and (b) if CASA is satisfied that the holding of a medical certificate by the holder will not adversely affect the safety of air navigation--issue to the holder a medical certificate that is subject to any conditions that are necessary in the interests of the safety of air navigation. (2) CASA must include in the notice the reasons for the holder's failure to meet the relevant medical standard. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.260 Medical certificates--cancellation and suspension in other cases (1) CASA may, by written notice given to the holder of a medical certificate, cancel the certificate, or suspend it for a specified period, if there are reasonable grounds for believing that the holder: (a) has contravened a condition to which the certificate is subject; or (b) has contravened subregulation 67.265(3) or (4); or (c) has failed to comply with a direction under regulation 67.230. (2) A notice must set out the grounds for the cancellation or suspension. (3) Before cancelling or suspending a medical certificate, CASA must: (a) give a show cause notice to the holder of the certificate of the facts and circumstances that, in the opinion of CASA, justify consideration being given to the cancellation or suspension of the certificate; and (b) allow the holder to show cause (within the time CASA sets out in that notice, being a period of not less than 14 days after the notice was given), why the certificate should not be cancelled or suspended. Subpart 67.D --Modified Austroads medical standards CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.262 Definition of meets the modified Austroads medical standards Unconditional licence under the private vehicle driver standards (1) A person meets the modified Austroads medical standards if the person is fit to hold an unconditional licence under the modified Austroads medical standards. Conditional licence under the private vehicle driver standards (2) Also, a person meets the modified Austroads medical standards if all of the following apply to the person: (a) the person is fit to hold a conditional licence under the modified Austroads medical standards; (b) under the standards, the only reason that the person is not fit to hold an unconditional licence is because the person's uncorrected visual acuity does not meet the standard for the issue of an unconditional licence; (c) the person's visual acuity is corrected by lenses to at least 6/12 in one eye and at least 6/18 in the other eye. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.263 Definition of modified Austroads medical standards for Subpart 67.D (1) In this Subpart: " modified Austroads medical standards " means the private vehicle driver standards in the Austroads medical standards modified to provide that a person with a medical history or condition mentioned in subregulation (2) does not meet the standards. (2) For subregulation (1), the medical histories and conditions are the following: (a) subject to subregulation (3)--a history of cancer within the 5-year period before the day the privileges of the licence are exercised; (b) a history of ECG changes, with or without symptoms; (c) subject to subregulation (4)--a history of heart failure; (d) inability to hear a conversational speaking voice at a distance of 2 metres, whether unaided or with the assistance of a medically prescribed hearing aid; (e) any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons that would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls; (f) a history of transient ischaemic attack or stroke; (g) a history of multiple sclerosis, cerebral palsy or Parkinson's disease; (h) a history of one or more of the following in relation to a head injury: (i) loss of consciousness; (ii) post-traumatic amnesia; (iii) abnormal findings on head CT or MRI investigation; (iv) a history of renal colic or calculi; (v) active vertigo or a history of benign paroxysmal positional vertigo. (3) For paragraph (2)(a), a history of cancer for a person does not include a history of basal cell skin cancers if: (a) each basal cell skin cancer has been treated by excision with no metastasised sequelae; and (b) since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by a medical practitioner who is a specialist oncology physician or surgeon (the treating practitioner); and (c) the person is assessed for the issue of a recreational aviation medical practitioner's certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person's basal cell skin cancer history. (4) For paragraph (2)(c), a history of heart failure for a person does not include a history in which the person meets all of the following requirements: (a) the person has not had an episode of heart failure for at least the previous 3 years; (b) since at least the last episode of heart failure, the person has been under active and continuous case management by a medical practitioner who is a specialist cardiovascular physician or surgeon (the treating practitioner); (c) the person is assessed for the issue of a recreational aviation medical practitioner's certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person's history of heart failure. (5) In this regulation: " Austroads medical standards means the medical standards set out in the publication Assessing fitness to drive for commercial and private vehicle drivers", published by Austroads in March 2012, or any later version, as in force from time to time. Note: The text of the standards could in 2013 be viewed on Austroads' website (www.austroads.com.au/assessing-fitness-to-drive/). Subpart 67.E --Responsibilities of holders of medical certificates and recreational aviation medical practitioner's certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.265 Obligation to tell CASA of changes in medical condition--medical certificate holders (1) This regulation applies in relation to the following licences: (a) a flight crew licence; (b) a balloon flight crew licence within the meaning of subregulation 5.01(1) of CAR; (c) an air traffic controller licence. (2) In this regulation, a reference to a DAME includes, in relation to a medically significant condition that affects a person's vision, a DAO. (3) If: (a) the holder of a class 1 medical certificate and a licence: (i) knows that he or she has a medically significant condition; and (ii) is reckless as to whether the condition has been disclosed to CASA; and (b) the condition continues for longer than 7 days; and (c) the condition has the result that his or her ability to do an act authorised by the licence is impaired; he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 7 days. Penalty: 50 penalty units. (4) If: (a) the holder of a class 2 or class 3 medical certificate and a licence: (i) knows that he or she has a medically significant condition; and (ii) is reckless as to whether the condition has been disclosed to CASA; and (b) the condition continues for longer than 30 days; and (c) the condition has the result that his or her ability to do an act authorised by the licence is impaired; he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 30 days. Penalty: 50 penalty units. (5) If the holder of a medical certificate and a licence: (a) knows that he or she has a medically significant condition; and (b) is reckless as to whether the condition has been disclosed to CASA; and (c) the condition has the result that his or her ability to do an act authorised by the licence is impaired; he or she must not do the act until a DAME certifies that the holder can safely do such acts. Penalty: 50 penalty units. Note: If the holder of a medical certificate tells a DAME about a medically significant condition, and the condition is safety-relevant, the DAME must tell CASA in writing of that fact within 5 working days--see regulation 67.125. (6) It is a defence to a prosecution under subregulation (5) that, in the circumstances, the relevant act was a reasonable measure to save life (including the holder's own life) or avoid damage to property. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.270 Offence--doing act while efficiency impaired--licence holders (1) This regulation applies in relation to the following licences: (a) a flight crew licence; (b) a balloon flight crew licence within the meaning of subregulation 5.01(1) of CAR; (c) an air traffic controller licence. (2) The holder commits an offence if: (a) the holder does an act authorised by the licence; and (b) at the time of doing the act: (i) the holder knows that he or she has a medically significant condition; and (ii) the condition has the result that the holder's ability to do the act is impaired. Penalty: 50 penalty units. Class 1 medical certificates (3) The holder commits an offence if: (a) the holder does an act authorised by the licence; and (b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and (c) the holder's normal ability to do the act is not fully restored within 7 days after the holder first becomes aware that he or she had the condition; and (d) the holder is authorised to do the act only if the holder also holds a class 1 medical certificate; and (e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired. Penalty: 50 penalty units. Class 2 and 3 medical certificates (4) The holder commits an offence if: (a) the holder does an act authorised by the licence; and (b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and (c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and (d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate; and (e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired. Penalty: 50 penalty units. Recreational aviation medical practitioner's certificates (5) The holder commits an offence if: (a) the holder does an act authorised by the licence; and (b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and (c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and (d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate or a recreational aviation medical practitioner's certificate; and (e) the holder does not meet the requirement in subregulation (6). Penalty: 50 penalty units. (6) For paragraph (5)(e), the requirement is that: (a) the holder has been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired; or (b) if the holder held a recreational aviation medical practitioner's certificate at the time the holder had the condition--the holder is: (i) assessed by a medical practitioner as meeting the modified Austroads medical standards after having the condition; and (ii) given a certificate by the medical practitioner to that effect. Note: For when a person meets the modified Austroads medical standards, see regulation 67.262. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.271 Offence--doing act while efficiency impaired--student pilots (1) A student pilot commits an offence if: (a) the student pilot conducts a solo flight or takes a flight test; and (b) at the time of the solo flight or flight test: (i) the student pilot knows that he or she has a medically significant condition; and (ii) the condition has the result that the student pilot's ability to conduct the solo flight or take the flight test is impaired. Penalty: 50 penalty units. (2) A student pilot commits an offence if: (a) the student pilot conducts a solo flight or undertakes a flight test; and (b) the student pilot knows that he or she has had a condition mentioned in paragraph (1)(b); and (c) the student pilot's normal ability to conduct the solo flight or undertake the flight test is not fully restored within 30 days after the student pilot first becomes aware that he or she had the condition; and (d) the student pilot does not meet the requirement in subregulation (3). Penalty: 50 penalty units. (3) For paragraph (2)(d), the requirement is that: (a) the student pilot has been given a certificate by a DAME to the effect that the student pilot's ability to conduct a solo flight or undertake a flight test is no longer impaired; or (b) if the student pilot held a recreational aviation medical practitioner's certificate at the time the student had the condition--the student pilot is: (i) assessed by a medical practitioner as meeting the modified Austroads medical standards after having the condition; and (ii) given a certificate by the medical practitioner to that effect. Note: For when a person meets the modified Austroads medical standards, see regulation 67.262. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.275 Surrender of medical certificates (1) CASA may require, by written notice, the holder of a medical certificate to surrender the certificate to CASA within a reasonable time specified in the notice. (2) The person must comply with the requirement. Penalty: 5 penalty units. (3) A person who contravenes subregulation (2) is guilty of an offence in respect of each day during which the person refuses or fails to comply with the requirement, including the day of any conviction for such an offence. (4) The person must not destroy, mutilate or deface the certificate with intent to evade the obligation to comply with the requirement. Penalty: 10 penalty units. Part 71 --Airspace Note: This Part heading is reserved for future use. Part 90 --Additional airworthiness requirements Table of contents Subpart 90.A -- General 90.005 Purpose of Part 90.008 Definitions for Part 90 90.010 Exclusions in relation to particular provisions 90.015 Operation of exclusions under regulation 39.004 90.020 Issue of Manual of Standards Subpart 90.B -- General provisions 90.100 Applicability 90.105 Flight crew restraints 90.110 Occupant restraints -- small aeroplanes 90.115 Occupant restraints -- helicopters 90.120 Side-facing seats 90.125 Cabin crew seats 90.130 External doors 90.135 Emergency exits 90.140 Cargo and baggage compartment lighting 90.145 Thermal/acoustic insulation materials Subpart 90.C -- Large aeroplanes engaged in air transport operations Division 90.C.1 -- General 90.200 Applicability Division 90.C.2 -- Emergency exits 90.205 Escape devices 90.210 Location of emergency exits 90.215 Access to emergency exits 90.220 Interior emergency exit marking 90.225 Interior emergency lighting 90.230 Floor proximity emergency escape path 90.235 Exterior emergency exit marking 90.240 Exterior emergency lighting 90.245 Over-wing escape routes Division 90.C.3 -- Fire protection 90.250 Cabin interiors -- materials 90.255 Seat cushions -- materials 90.260 Cargo compartment liners -- materials 90.265 Cargo compartments for aeroplanes engaged in regular public transport operations 90.270 Toilets 90.275 Thermal/acoustic insulation materials Division 90.C.4 -- Systems and equipment 90.280 Seats 90.285 Pitot heat indication systems 90.290 Landing gear aural warning systems Subpart 90.D -- Small aeroplanes engaged in air transport operations 90.400 Applicability 90.405 Cargo and baggage compartments 90.410 Emergency exits 90.415 Landing gear aural warning systems Subpart 90.E -- Helicopters engaged in regular public transport operations 90.600 Applicability 90.605 Emergency exits Subpart 90.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.005 Purpose of Part This Part sets out airworthiness requirements for an aircraft that are in addition to: (a) the type certification basis for the aircraft; and (b) any requirements for the issue of a certificate of airworthiness for the aircraft under Part 21. Note: For the definition of type certification basis, see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.008 Definitions for Part 90 (1) In this Part: " Class C cargo or baggage compartment " has the same meaning as in FARs section 25.857, as in force from time to time. " Class D cargo or baggage compartment " has the same meaning as in FARs section 25.857, as in force on 16 June 1986. " Class E cargo compartment " has the same meaning as in FARs section 25.857, as in force from time to time. " emergency exit " means an external door, hatch or window on an aircraft intended for use by passengers or crew in an emergency. " large aeroplane " means an aeroplane with a maximum take-off weight of more than 5 700 kg. " non-transport category aeroplane "means an aeroplane of a type that was originally certificated in a category other than the transport category. " operating " has the meaning given by subregulation (2). " originally certificated " has the meaning given by subregulation (3). Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020. " side-facing seat ", for an aircraft, means a seat that faces more than 18° from the aircraft's longitudinal axis. " small aeroplane " means an aeroplane with a maximum take-off weight of 5 700 kg or less. " transport category aeroplane " means an aeroplane of a type that was originally certificated in the transport category. Note: For the definition of approved, see the Dictionary. Approvals given in Air Navigation Orders before 30 June 1988 and in Civil Aviation Orders between 1 July 1988 and 6 July 1995 are taken to have been given by CASA--see regulation 311 of CAR and subsection 13(2) of the Civil Aviation Legislation Amendment Act 1995. (2) For this Part, an aircraft is operating from the moment at which the aircraft first moves (whether or not under its own power) for the purpose of taking off for a flight until the moment at which it comes to rest for the purpose of disembarking any persons or cargo on board after: (a) it lands; or (b) the flight is aborted. (3) For this Part, an aircraft of a particular type is originally certificated as follows: (a) if the aircraft's State of Design is Australia--when CASA first issues a type certificate in respect of an aircraft of that type; (b) if the aircraft's State of Design is a foreign country--when the national aviation authority of the State of Design first issues a foreign type certificate in respect of an aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.010 Exclusions in relation to particular provisions (1) The registered operator of an aircraft may apply in writing to CASA for exclusion of the aircraft, or an aeronautical product that is part of, or used in, the aircraft, from the operation of a provision of this Part. (2) On receiving an application, CASA may, in writing, exclude the aircraft or aeronautical product from the operation of the provision. (3) In making a decision under subregulation (2), CASA must: (a) regard as paramount the preservation of a level of aviation safety that is at least acceptable; and (b) have regard to any reasons given in the application. (4) However, CASA may exclude an aircraft or aeronautical product under subregulation (2) only if CASA is satisfied that it is not practicable for the aircraft or aeronautical product to meet the requirements of the provision. (5) CASA may, in an instrument of exclusion under subregulation (2), provide that the exclusion is subject to 1 or more conditions. (6) An instrument of exclusion under subregulation (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the exclusion. Note: See regulation 201.004 for review of an exclusion decision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.015 Operation of exclusions under regulation 39.004 (1) This regulation applies if, before 1 December 2010, CASA has, under regulation 39.004, excluded (the exclusion): (a) a particular aircraft or aeronautical product; or (b) a particular kind of aircraft or aeronautical product; from the operation of an airworthiness directive, or a requirement of an airworthiness directive, mentioned in column 2 of an item in table 90.015 (the item). (2) Subject to subregulation (3), the provision mentioned in column 3 of the item does not apply to an aircraft or aeronautical product that, immediately before 1 December 2010, was subject to the exclusion. (3) Subregulation (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, continues to comply with each condition of the exclusion. Note: On 1 December 2010, the airworthiness directives mentioned in table 90.015 were cancelled. Table 90.015 Provisions covered by exclusions relating to each airworthiness directive Item Airworthiness Directive Provision 1 AD/General/4 Amdt 4, requirement 1(a) Regulation 90.130 2 AD/General/4 Amdt 4, requirement 2(a) Regulation 90.205 3 AD/General/4 Amdt 4, requirements 2(b)(1) and (2) Regulation 90.220 4 AD/General/4 Amdt 4, requirement 2(b)(3) Regulation 90.225 5 AD/General/4 Amdt 4, requirement 2(c) Regulation 90.220 6 AD/General/4 Amdt 4, requirement 2(d) Regulation 90.225 7 AD/General/4 Amdt 4, requirement 2(e) Regulation 90.215 8 AD/General/4 Amdt 4, requirement 2(f) Regulation 90.235 9 AD/General/4 Amdt 4, requirement 2(g) Regulation 90.240 10 AD/General/4 Amdt 4, requirement 2(h) Regulation 90.245 11 AD/General/4 Amdt 4, requirement 2(k) Regulation 90.210 12 AD/General/4 Amdt 4, requirement 3 Regulation 90.410 13 AD/General/4 Amdt 4, requirement 3(e) Regulation 90.220 14 AD/General/4 Amdt 4, requirement 3(f) Regulation 90.215 15 AD/General/4 Amdt 4, requirement 4 Regulation 90.605 16 AD/General/4 Amdt 4, requirement 5(b) Regulation 90.135 17 AD/General/4 Amdt 4, requirement 5(c) Regulation 90.135 18 AD/General/33 Amdt 1 Regulation 90.140 19 AD/General/48 Amdt 3 Regulation 90.270 20 AD/General/57 Amdt 1 Regulation 90.285 21 AD/General/60 Amdt 1 Regulation 90.105 22 AD/General/61 Amdt 2 Regulation 90.125 23 AD/General/63 Amdt 1 Regulation 90.255 24 AD/General/64 Amdt 2 Regulation 90.120 25 AD/General/66 Amdt 1 Regulation 90.230 26 AD/General/67 Amdt 3 Regulation 90.110 27 AD/General/68 Amdt 4 Regulation 90.250 28 AD/General/70 Amdt 1 Regulation 90.260 29 AD/General/71 Amdt 1 Regulation 90.115 30 AD/General/73 Regulation 90.215 31 AD/General/74 Amdt 1 Regulation 90.105 32 AD/General/76 Amdt 2 Regulation 90.265 33 AD/General/84 Amdt 2 Regulation 90.145 34 AD/General/84 Amdt 2 Regulation 90.275 35 AD/General/85 Regulation 90.280 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.020 Issue of Manual of Standards (1) For paragraph 98(5A)(b) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to the airworthiness of, or design standards for, aircraft. (2) In particular, the Part 90 Manual of Standards may set out standards for the following: (a) cabin crew seats and related equipment; (b) escape devices; (c) access to emergency exits; (d) interior and exterior emergency exit marking; (e) interior and exterior emergency lighting; (f) floor proximity emergency escape paths; (g) over-wing escape routes; (h) materials used in the interior of cabins; (i) symbols identifying emergency exits; (j) landing gear aural warning systems and associated devices. Note: Subpart 11.J sets out procedures for the issue, amendment and revocation of a Manual of Standards. Subpart 90.B --General provisions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.100 Applicability This Subpart applies to aircraft other than the following: (a) balloons; (b) airships; (c) sailplanes; (d) powered sailplanes; (e) an aircraft for which any of the following is in force: (i) a special certificate of airworthiness mentioned in regulation 21.186, 21.189 or 21.190; (ii) an experimental certificate; (iii) a special flight permit; (iv) a provisional certificate of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.105 Flight crew restraints (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) a requirement in this regulation is not met while the aircraft is operating. Penalty: 50 penalty units. (2) For a large aeroplane that was originally certificated on or after 1 January 1958, each seat in the flight crew compartment must be equipped with an approved safety harness that meets the requirements in subregulations (4) and (6). (3) For any other aircraft, each seat that is: (a) a flight crew seat; or (b) a seat in the front row of seats in the aircraft's cockpit; must be equipped with an approved safety harness that meets the requirements in subregulations (5) and (6). (4) For subregulation (2), the safety harness must consist of: (a) an approved symmetrical type harness; or (b) a single shoulder strap harness that was approved and installed before 6 March 1980. (5) For subregulation (3), the safety harness must consist of a lap belt and at least 1 shoulder strap. (6) For subregulations (2) and (3), the safety harness must: (a) allow any flight crew member who is occupying the seat and has the harness correctly fastened to perform his or her functions; and (b) when not in use, be able to be secured so it does not: (i) prevent the proper operation of the aircraft; or (ii) hinder a person in the aircraft if he or she must leave the aircraft in an emergency. Source FARs sections 91.205, 91.521 and 121.311 modified. (7) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.110 Occupant restraints--small aeroplanes (1) This regulation applies to a small aeroplane that: (a) is an aircraft to which this Subpart applies; and (b) was manufactured on or after 13 December 1986; other than a multi-engine aeroplane that has 10 or more passenger seats. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in subregulation (3) is not met while the aeroplane is operating. Penalty: 50 penalty units. (3) A seat in the aeroplane that does not have an approved seat belt and shoulder harness: (a) must not be used during take-off or landing; and (b) must carry a placard to that effect. Source FARs section 91.205 modified. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.115 Occupant restraints--helicopters (1) This regulation applies to a helicopter that: (a) is an aircraft to which this Subpart applies; and (b) was manufactured on or after 17 September 1992. (2) The registered operator of the helicopter commits an offence if: (a) the registered operator: (i) operates the helicopter; or (ii) permits a person to operate the helicopter; and (b) a requirement in this regulation is not met while the helicopter is operating. Penalty: 50 penalty units. (3) A seat in the helicopter that does not have an approved seat belt and shoulder harness: (a) must not be used during take-off or landing; and (b) must carry a placard to that effect. (4) There must be a means to secure each seat belt and harness when it is not in use so that it does not: (a) prevent the proper operation of the helicopter; or (b) hinder a person in the helicopter if he or she must leave the helicopter in an emergency. Source FARs section 91.205 modified. (5) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.120 Side-facing seats (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) a requirement in subregulation (2) is not met while the aircraft is operating. Penalty: 50 penalty units. (2) A side-facing seat in the aircraft must be equipped with: (a) an approved lap belt and an energy-absorbing rest that would support the arms, shoulders, head and spine of the occupant during an emergency landing; or (b) an approved safety harness that would prevent the occupant's head being injured by striking an object during an emergency landing. Source FARs section 121.311 modified. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.125 Cabin crew seats (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) while the aircraft is operating, a seat or any related equipment that is provided for a cabin crew member does not meet the standard for cabin crew seats and related equipment set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs sections 91.521 and 121.311 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.130 External doors (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) a requirement in this regulation is not met while the aircraft is operating. Penalty: 50 penalty units. (2) An external door in the aircraft must be of a kind that can be opened from both inside and outside the aircraft, unless: (a) the aircraft is an unpressurised small aeroplane; and (b) in the aircraft's type design the door can be opened from the inside only. (3) The information mentioned in subregulation (4) must be clearly marked: (a) on the inside of each external door; and (b) if an external door can be opened from the outside--on the outside of the external door. (4) For subregulation (3), the information is: (a) the location of the handle; and (b) the operating instructions for the handle; and (c) the position of the handle when the door is properly locked, or another way of showing when the door is properly locked. (5) In a large aeroplane or a pressurised small aeroplane, the design of an external door that, in use, initially opens outwards must allow for the locking mechanism to be visible from inside the aircraft to check whether the locking pins or latches are fully engaged. (6) An external door must also meet the requirements in this Part for an emergency exit. (7) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.135 Emergency exits (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) a requirement in this regulation is not met while the aircraft is operating. Penalty: 50 penalty units. (2) Subject to paragraph (6)(b), each passenger and crew member in the aircraft must have unobstructed access to at least 1 emergency exit. (3) The location of each emergency exit must be marked so that each seated passenger can see the location of the exit nearest to the passenger. (4) Each passenger compartment in the aircraft must have a sign showing the way to any emergency exit that is not located in the passenger compartment. (5) Instructions showing how to open the emergency exit must be clearly marked on: (a) the inside of each emergency exit; and (b) if an emergency exit can be opened from the outside--on the outside of the emergency exit. (6) If an aircraft has 7 or more seats, including crew seats: (a) each emergency exit sign and the instructions for operating each emergency exit must be provided with lighting so that, if the cabin is in darkness and the cabin lighting is not operating, the sign and instructions can be read by a person attempting to open the emergency exit; and (b) access to an emergency exit must not be blocked by a seat back unless: (i) the seat back can easily be moved out of the way; and (ii) instructions for moving the seat back are clearly marked on or near the seat. (7) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.140 Cargo and baggage compartment lighting (1) The registered operator of an aircraft to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aircraft; or (ii) permits a person to operate the aircraft; and (b) a requirement in subregulation (2) is not met while the aircraft is operating. Penalty: 50 penalty units. (2) If the aircraft has lighting within a cargo or baggage compartment, the lamps: (a) must be protected against the possibility of accidental damage; and (b) must be insulated so that any baggage placed adjacent to the lamp is not subjected to excessive heat. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.145 Thermal/acoustic insulation materials (1) This regulation applies to a large transport category aeroplane. (2) However, this regulation does not apply to an aeroplane of a particular type if a certificate of airworthiness was issued in respect of at least 1 aeroplane of that type before 1 January 1958. (3) The registered operator of an aeroplane to which this regulation applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in this regulation is not met while the aeroplane is operating. Penalty: 50 penalty units. (4) If: (a) the aeroplane was manufactured before 2 September 2005; and (b) thermal/acoustic insulation materials have been installed in the fuselage as replacements on or after 2 September 2005; and (c) the materials are: (i) of a blanket construction; or (ii) installed around air ducting; the materials must meet the flame propagation standards of FARs paragraph 25.856(a), as in force on 2 September 2003. (5) If the aeroplane was manufactured on or after 2 September 2005, any thermal/acoustic insulation materials installed in the fuselage must meet the flame propagation standards of FARs paragraph 25.856(a), as in force on 2 September 2003. Source FARs section 121.312 modified. (6) An offence against subregulation (3) is an offence of strict liability. Subpart 90.C --Large aeroplanes engaged in air transport operations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.200 Applicability This Subpart applies to large aeroplanes engaged in air transport operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.205 Escape devices (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in this regulation is not met while the aeroplane is operating. Penalty: 50 penalty units. (2) If: (a) the aeroplane has an emergency exit; and (b) the exit: (i) is higher than 1.83 m above the ground when the aeroplane's landing gear is extended; and (ii) is not positioned over the wing; the aeroplane must be equipped with an escape device to help passengers and members of the crew reach the ground from the aeroplane's cabin in an emergency. (3) The escape device must meet the standard for escape devices set out in the Part 90 Manual of Standards. (4) However, subregulation (2) does not apply to the rear window emergency exit of a DC-3 aeroplane that is being operated with 35 occupants or fewer. Source FARs section 121.310 modified. (5) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.210 Location of emergency exits (1) This regulation applies to a passenger-carrying aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) is required under its type certification basis to have 2 or more emergency exits on each side of the fuselage. Note: For the definition of type certification basis, see the Dictionary. (2) However, this regulation does not apply to an aeroplane that: (a) was in operation before 16 October 1987; and (b) had an emergency exit configuration installed and approved before 16 October 1987. (3) The registered operator of an aeroplane to which this regulation applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) the requirement in subregulation (4) is not met while the aeroplane is operating. Penalty: 50 penalty units. (4) The distance between any 2 adjacent emergency exits that lead from the same deck in the aeroplane must be no more than 18.3 m. (5) For subregulation (4), the distance between 2 adjacent emergency exits is measured between the closest edges of the 2 doors, parallel to the aeroplane's longitudinal axis. Source FARs section 121.310 modified. (6) An offence against subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.215 Access to emergency exits (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, a passageway leading to, or an area providing access to, an emergency exit does not meet the standard for access to emergency exits set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.220 Interior emergency exit marking (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the identification marking for an emergency exit on the aeroplane, or a location sign or instruction for opening such an emergency exit, does not meet the standard for interior emergency exit marking set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.225 Interior emergency lighting (1) The registered operator of a passenger-carrying transport category aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the interior emergency lighting system of the aeroplane does not meet the standard for interior emergency lighting set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.230 Floor proximity emergency escape path (1) This regulation applies to a passenger-carrying transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) was originally certificated on or after 1 January 1958; and (c) has 20 or more passenger seats. (2) The registered operator of an aeroplane to which this regulation applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the aeroplane does not have a floor proximity emergency escape path that meets the standard for floor proximity emergency escape paths set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.235 Exterior emergency exit marking (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the outside of an emergency exit on the aeroplane is not marked so that it meets the standard for exterior emergency exit marking set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.240 Exterior emergency lighting (1) The registered operator of a passenger-carrying transport category aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, an over-wing exit on the aeroplane, or an escape device fitted to the aeroplane for regulation 90.205, is not fitted with an exterior emergency lighting system that meets the standard for exterior emergency lighting set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.245 Over-wing escape routes (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, an over-wing emergency exit on the aeroplane does not have an over-wing escape route that meets the standard for over-wing escape routes set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.310 modified. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.250 Cabin interiors--materials (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) has 20 or more passenger seats. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the materials used in the interior of the cabin of the aeroplane do not meet the standard for cabin interiors set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.312 modified. (3) Subregulation (2) does not apply to a material used for a passenger seat cushion in an aeroplane to which regulation 90.255 applies. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.255 Seat cushions--materials (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) has 31 or more passenger seats; and (c) was originally certificated on or after 1 January 1958. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, a seat cushion, other than a flight crew member's seat cushion, in the aeroplane does not comply with FARs paragraph 25.853(c), as in force on 26 November 1984. Penalty: 50 penalty units. Source FARs section 121.312 modified. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.260 Cargo compartment liners--materials (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) was originally certificated on or after 1 January 1958. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in subregulation (3) is not met while the aeroplane is operating. Penalty: 50 penalty units. (3) If the aeroplane has a Class C cargo or baggage compartment, or a Class D cargo or baggage compartment, larger than 5.66 m³, the ceiling and wall liner panels of the compartment must be: (a) constructed of glass fibre reinforced resin; or (b) constructed of 1 or more materials that meet: (i) the flame penetration test requirements of FARs Part 25, Appendix F, Part III, as in force on 16 June 1986; or (ii) another approved test; or (c) an aluminium liner installation approved before 20 March 1989. Source FARs section 121.314 modified. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.265 Cargo compartments for aeroplanes engaged in regular public transport operations (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) was originally certificated on or after 1 January 1958; and (c) is engaged in regular public transport operations. Note: It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in subregulation (3) is not met while the aeroplane is operating. Penalty: 50 penalty units. (3) If the aeroplane has a Class D cargo or baggage compartment, the compartment must meet: (a) for a passenger-carrying aeroplane--the standards for a Class C cargo or baggage compartment set out in FARs paragraph 25.857(c) and section 25.858; or (b) for any other aeroplane--the standards for a Class E cargo compartment set out in FARs paragraph 25.857(e). Source FARs section 121.314 modified. (4) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.270 Toilets (1) The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in this regulation is not met while the aeroplane is operating. Penalty: 50 penalty units. (2) Both sides of the door of each toilet in the aeroplane must have, installed above the door knob or near the door, a placard showing: (a) the words 'NO SMOKING IN TOILET' or 'NO SMOKING'; or (b) a symbol with the same meaning. (3) Each toilet in an aeroplane that has 20 or more passenger seats must be equipped with: (a) a smoke detector that gives a warning signal that can be seen or heard by a flight crew member or cabin crew member; and (b) 1 or more built-in fire extinguishers that will, in the event of a fire in a waste receptacle in the toilet, discharge into the receptacle. Source FARs section 121.308 modified. (4) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.275 Thermal/acoustic insulation materials (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) was manufactured on or after 2 September 2009; and (c) has 20 or more passenger seats; and (d) is engaged in regular public transport operations. Note: It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence. (2) However, this regulation does not apply to an aeroplane of a particular type if a certificate of airworthiness was issued in respect of at least 1 aeroplane of that type before 1 January 1958. (3) The registered operator of an aeroplane to which this regulation applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, any thermal/acoustic insulation materials installed in the lower half of the aeroplane's fuselage do not meet the flame penetration resistance standards of FARs paragraph 25.856(b), as in force on 2 September 2003. Penalty: 50 penalty units. Source FARs section 121.312 modified. (4) An offence against subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.280 Seats (1) This regulation applies to a transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) was originally certificated on or after 1 January 1958; and (c) is manufactured on or after 27 October 2009; and (d) is engaged in regular public transport operations. Note: It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, a seat for a passenger or cabin crew member does not meet the standards of FARs section 25.562, as in force on 16 June 1988. Penalty: 50 penalty units. Source FARs section 121.311 modified. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.285 Pitot heat indication systems (1) This regulation applies to a turbine-powered transport category aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) has a flight instrument pitot heating system; and (c) is engaged in regular public transport operations. Note: It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in this regulation is not met while the aeroplane is operating. Penalty: 50 penalty units. (3) The aeroplane must have an indication system to indicate to the flight crew if the flight instrument pitot heating system is not operating. (4) The indication system must comply with the following requirements: (a) the indication system must incorporate an amber light that is in clear view of a flight crew member; (b) the indication system must be designed to alert the flight crew if either of the following conditions exists: (i) the flight instrument pitot heating system is switched off; (ii) the flight instrument pitot heating system is switched on and any pitot tube heating element is inoperative. Source FARs section 121.342 modified. (5) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.290 Landing gear aural warning systems (1) The registered operator of an aeroplane to which this Subpart applies, other than an aeroplane that complies with FARs section 25.729 as in force on 6 January 1992, commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the aeroplane does not have a landing gear aural warning system and associated devices that meet the standard for landing gear aural warning systems and associated devices set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs section 121.289 modified. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 90.D --Small aeroplanes engaged in air transport operations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.400 Applicability This Subpart applies to small aeroplanes engaged in air transport operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.405 Cargo and baggage compartments (1) The registered operator of an aeroplane that has 10 or more passenger seats and to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) a requirement in this regulation is not met while the aeroplane is operating. Penalty: 50 penalty units. (2) Each compartment for cargo, baggage or both (goods) in the aeroplane must: (a) display a placard showing the maximum load for which the compartment has been designed; and (b) have a means to prevent goods creating a hazard by shifting, or by damaging the aeroplane; and (c) have a means to restrain goods to protect the aeroplane's occupants from injury in the event of the aeroplane being subjected to a forward inertial load of up to 9 g when the compartment is carrying the maximum weight of goods. (3) If goods are in the passenger compartment of the aeroplane, the compartment must have a means to prevent the passengers being injured by the goods during the emergency landing conditions mentioned in the aeroplane's type certification basis. Source FARs Part 135 Appendix A modified. (4) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.410 Emergency exits (1) This regulation applies to an aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) has 10 or more passenger seats; and (c) is engaged in regular public transport operations. Note: It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the aeroplane's emergency exits do not meet the standard for emergency exits set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs Part 135 Appendix A modified. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.415 Landing gear aural warning systems (1) This regulation applies to an aeroplane that: (a) is an aeroplane to which this Subpart applies; and (b) has 10 or more passenger seats; and (c) has wing flaps and retractable landing gear; and (d) is not an amphibian. (2) The registered operator of the aeroplane commits an offence if: (a) the registered operator: (i) operates the aeroplane; or (ii) permits a person to operate the aeroplane; and (b) while the aeroplane is operating, the aeroplane does not have a landing gear aural warning system and associated devices that meet the standard for landing gear aural warning systems and associated devices set out in the Part 90 Manual of Standards. Penalty: 50 penalty units. Source FARs Part 135 Appendix A modified. (3) An offence against subregulation (2) is an offence of strict liability. Subpart 90.E --Helicopters engaged in regular public transport operations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.600 Applicability This Subpart applies to helicopters engaged in regular public transport operations. Note: It is anticipated that the application of this Subpart will be extended to cover operations mentioned in paragraph 206(1)(b) of CAR when provisions of Part 133 relating to air transport operations commence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.605 Emergency exits (1) The registered operator of a helicopter to which this Subpart applies commits an offence if: (a) the registered operator: (i) operates the helicopter; or (ii) permits a person to operate the helicopter; and (b) a requirement in this regulation is not met while the helicopter is operating. Penalty: 50 penalty units. (2) Each emergency exit must be marked so that its location can be seen from a distance equal to the width of the cabin. (3) There must be a sign on or near each exit that: (a) shows the location of the exit handle; and (b) gives the operating instructions for the handle; and (c) can be read by a person attempting to open the exit. (4) The light for each emergency exit sign must: (a) operate independently of the helicopter's main lighting system; and (b) be able to be switched on manually; and (c) remain illuminated when the helicopter makes an emergency landing, regardless of whether the light switches on automatically or must be switched on manually. (5) The outside of the fuselage must be marked to show: (a) each emergency exit; and (b) if an exit can be opened from outside--the means by which it can be opened. (6) An offence against subregulation (1) is an offence of strict liability. Part 91 --General operating and flight rules Table of contents Subpart 91.A -- Applicability and definitions 91.005 Applicability Subpart 91.D -- Operational procedures 91.830 Reduced vertical separation minimum (RVSM) operations 91.850 Required navigation performance (RNP) operations 91.865 Basic area navigation (B-RNAV) operations 91.870 Precision area navigation (P-RNAV) operations 91.875 Minimum navigation performance specification (MNPS) operations 91.880 Australian area navigation (AUSEP) operations 91.885 Navigation trial operations 91.890 Area navigation (RNAV) operations Subpart 91.U -- Navigation authorisations Division 91.U.1 -- Preliminary 91.5000 Applicability 91.5005 Definition for this Subpart 91.5010 Issue of Manual of Standards 91.5015 How long navigation authorisations remain in force 91.5020 Contravention of conditions of navigation authorisations 91.5025 Removal of aircraft from navigation authorisations -- holder ceasing to operate aircraft 91.5030 Aircraft allotted new registration marks Division 91.U.2 -- RVSM airworthiness authorisation Division 91.U.3 -- RVSM operational authorisation Division 91.U.4 -- RNP operational authorisation 91.5150 RNP types 91.5155 Applications for RNP operational authorisation 91.5160 Criteria for grant of RNP operational authorisations 91.5165 RNP operational authorisations 91.5170 Conditions on RNP operational authorisations Division 91.U.5 -- B-RNAV operational authorisation Division 91.U.6 -- P-RNAV operational authorisation Division 91.U.7 -- MNPS operational authorisation Division 91.U.8 -- AUSEP operational authorisation Division 91.U.9 -- Navigation trial operational authorisation Division 91.U.10 -- RNAV operational authorisation Subpart 91.A --Applicability and definitions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.005 Applicability (1) This Part applies to: (a) the operation of Australian civil aircraft operating in or outside Australian territory; and (b) the operation of a foreign registered civil aircraft flying into or out of, or operating in, Australian territory. Note: Each Subpart has its own applicability provision to describe its subject-matter. (2) In spite of paragraph (1)(a): (a) Annex 2, Rules of the Air, to the Chicago Convention applies to the operation of an Australian civil aircraft over the high seas; and (b) the rules of a foreign State relating to the flight and manoeuvre of aircraft apply to the operation of an Australian civil aircraft in that State; and (c) subject to any contrary intention in another provision of this Part, a requirement of this Part applies in the circumstances referred to in paragraph (b) if it is not inconsistent with, or is more stringent than, the corresponding requirement of the law of the foreign State. Subpart 91.D --Operational procedures CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.830 Reduced vertical separation minimum (RVSM) operations Note: This regulation heading is reserved for future use. For the rules presently applying to such operations, see regulations 181A to 181X of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.850 Required navigation performance (RNP) operations (1) The operator of an aircraft must not permit it to start a flight during which it may operate in an RNP operation unless: (a) a flight plan for the flight has been submitted to air traffic services; and (b) the flight plan complies with regulation 241 of CAR so far as those requirements apply to the operation. Penalty: 25 penalty units. (2) In this regulation: " RNP operation " means an aircraft operation of a kind for which the airspace or route design or aircraft separation minima for the operation are based on an RNP type. Note: An operator who does not hold an RNP operational authorisation will not necessarily be excluded by air traffic services from airspace in which the route design, route spacing and aircraft separation minima are based on an RNP type. However, such an operator would not be given the separation minima that would be given to an operator who holds an RNP operational authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.865 Basic area navigation (B-RNAV) operations Note: This regulation heading is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.870 Precision area navigation (P-RNAV) operations Note: This regulation heading is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.875 Minimum navigation performance specification (MNPS) operations Note: This regulation heading is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.880 Australian area navigation (AUSEP) operations Note: This regulation heading is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.885 Navigation trial operations Note: This regulation heading is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.890 Area navigation (RNAV) operations Note: This regulation heading is reserved for future use. Subpart 91.U --Navigation authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5000 Applicability (1) This Subpart applies in relation to navigation authorisations held by Australian operators. (2) This Subpart sets out the administrative processes to be followed by CASA and applicants, and the technical, training, operational and monitoring standards that form the basis of the navigation authorisations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5005 Definition for this Subpart In this Subpart: " Australian operator "means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory. MOS Subpart 91 .U means the manual known as Manual of Standards--Subpart 91.U, as issued by CASA from time to time. " navigation authorisation "means an RNP operational authorisation (within the meaning given by subregulation 91.5155(1)). Note: In future it is intended that the definition will be expanded to cover other kinds of navigation authorisation (such as RVSM approvals, which are presently dealt with in Division 5 of Part 12 of CAR). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5010 Issue of Manual of Standards CASA may issue a Manual of Standards for this Subpart that provides for the following matters: (a) equipment requirements; (b) training requirements; (c) continuing airworthiness; (d) operating procedures; (e) reporting of navigation or system errors; (f) any other matter required or permitted by this Subpart to be provided for by the Manual of Standards; (g) any matter necessary or convenient to be provided for the effective operation of this Subpart. Note 1: A Manual of Standards is a legislative instrument: see subsections 98(5A) and (5B) of the Civil Aviation Act 1988. Note 2: Subpart 11.J sets out procedures for the issue, amendment and revocation of a Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5015 How long navigation authorisations remain in force (1) Subject to subregulation (2), a navigation authorisation remains in force unless it is cancelled. (2) A navigation authorisation is not in force during any period in which it is suspended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5020 Contravention of conditions of navigation authorisations (1) The holder of a navigation authorisation must not contravene a condition of the authorisation. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5025 Removal of aircraft from navigation authorisations--holder ceasing to operate aircraft (1) If the holder of a navigation authorisation ceases to be the operator of an aircraft covered by the authorisation, the holder must notify CASA, in writing, within 14 days after ceasing to be the operator. Penalty: 5 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) After receiving a notice under subregulation (1), CASA must: (a) cancel the navigation authorisation; and (b) if any other aircraft is or are covered by the authorisation, give the holder a new navigation authorisation covering the remaining aircraft. (4) CASA must give the holder written notice of the cancellation, and the new authorisation (if any), setting out: (a) the date of the cancellation; and (b) any other information CASA thinks should be included. (5) A new navigation authorisation given under paragraph (3)(b) takes effect on the cancellation of the replaced authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5030 Aircraft allotted new registration marks If a navigation authorisation identifies an Australian aircraft by reference to its registration mark, but that registration mark has been replaced with a new one, the reference in the authorisation to the old registration mark is taken to be a reference to the new registration mark. Note: A navigation authorisation identifies an aircraft by both its serial number and its registration mark--see paragraph 91.5165(d). Note: This Division is reserved for future use. Note: This Division is reserved for future use. Note: RNP means required navigation performance. An RNP type is a level of navigation performance accuracy expressed as a distance, in nautical miles. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5150 RNP types There are the following RNP types: (a) RNP 4; (b) RNP 10. Note: The number in an RNP type is the level of navigation performance accuracy for the type, in nautical miles. Hence, RNP 4 requires a navigation performance accuracy of 4 nautical miles. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5155 Applications for RNP operational authorisation (1) An RNP operational authorisation is an authorisation granted to an Australian operator by CASA certifying that the operator is qualified to operate a specified aircraft in a specified aircraft operation to which a specified RNP type applies. (2) An Australian operator may apply to CASA for the grant of an RNP operational authorisation. (3) The application: (a) must be made in writing; and (b) must specify the RNP type or types proposed to be covered by the authorisation; and (c) must specify the aircraft, or each aircraft, proposed to be covered by the authorisation by reference to the aircraft's registration mark and serial number; and (d) must contain, or be accompanied by: (i) written information, in accordance with MOS Subpart 91.U, that shows whether each of those aircraft meets the standards referred to in paragraph 91.5160(a); and (ii) a written description, in accordance with MOS Subpart 91.U, of the training program proposed by the operator for the members of the operator's flight crew who would, if the authorisation were to be granted, operate any or all of the aircraft; and (iii) a written description, in accordance with MOS Subpart 91.U, of the program proposed by the operator for the continued airworthiness of the aircraft; and (iv) a written description, in accordance with MOS Subpart 91.U, of the operational procedures for operating the aircraft in aircraft operations of the kind for which the airspace or route spacing and separation minima are based on the RNP type, or an RNP type, for which the authorisation is sought; and (v) any other information required by MOS Subpart 91.U. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5160 Criteria for grant of RNP operational authorisations For regulation 11.055, an applicant for an RNP operational authorisation must show that: (a) each aircraft proposed to be covered by the authorisation is equipped in accordance with the standards set out in MOS Subpart 91.U for equipment for aircraft operated under such an authorisation; and (b) the operator would, if the authorisation were to be granted, be able to comply with the conditions to which the authorisation would be subject. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5165 RNP operational authorisations An RNP operational authorisation: (a) must contain a reference number by which it can be identified; and (b) must state the name of the operator and the date when it comes into force; and (c) must state the RNP type or types covered by it; and (d) must specify the aircraft, or each aircraft, covered by it by reference to the aircraft's registration mark and serial number; and (e) must set out any conditions imposed on the authorisation; and (f) may include any other information CASA thinks should be included. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.5170 Conditions on RNP operational authorisations In addition to any other conditions imposed by or under Part 11, an RNP operational authorisation is subject to the following conditions: (a) that the operator to which it is granted has, and complies with, a program for the continued airworthiness of each aircraft covered by the authorisation to ensure that it will continue to meet the standards for continued airworthiness set out in MOS Subpart 91.U; (b) that the operator has, for the members of the operator's flight crew who will operate the aircraft, a training program that complies with the standards for training programs set out in MOS Subpart 91.U; (c) that the operator has operating procedures for operating the aircraft in aircraft operations for which the airspace or route design and separation minima are based on an RNP type covered by the authorisation; (d) the aircraft's operator or pilot-in-command reports to CASA any navigation or system error of a type specified for that purpose in MOS Subpart 91.U. Note: This Division heading is reserved for future use. Note: This Division heading is reserved for future use. Note: This Division heading is reserved for future use. Note: This Division heading is reserved for future use. Note: This Division heading is reserved for future use. Note: This Division heading is reserved for future use. Part 92 --Consignment and carriage of dangerous goods by air Table of contents Subpart 92.A -- General 92.005 Applicability 92.010 Definitions for Part 92 92.015 What are dangerous goods? Subpart 92.B -- Conditions for carriage etc of dangerous goods 92.020 Compliance with Technical Instructions generally 92.025 Compliance with Technical Instructions -- operators 92.030 Compliance with Technical Instructions -- passengers and crew 92.035 Compliance with Technical Instructions -- persons who consign dangerous goods 92.040 Commercial Australian aircraft operators -- conditions for carriage of dangerous goods -- dangerous goods manual 92.045 Dangerous goods manual -- Australian aircraft operators 92.050 Commercial foreign aircraft operators -- conditions to which carriage of dangerous goods is subject 92.055 Dangerous goods manual -- requirements applicable to all operators 92.060 Directions relating to dangerous goods manuals 92.065 Commercial operators -- reporting of dangerous goods incidents 92.070 Dangerous goods statement (Act s 23A) 92.075 Dangerous goods statement in reliance on statement already made 92.080 Exclusions from requirement about dangerous goods statement Subpart 92.C -- Training 92.085 Definitions for Subpart 92.C 92.090 Extended meaning of every 2 years for this Subpart 92.095 Training -- certain employees of Australian aircraft operators 92.100 Training -- certain employees of Australian ground handling agents 92.105 Training -- certain employees of Australian freight forwarders 92.110 Required standard of training for regulations 92.095, 92.100 and 92.105 92.115 Training -- certain employees of screening authorities 92.120 Training -- certain employees of shippers of dangerous goods 92.125 Training -- certain employees of non-Australian operators 92.130 Training -- Australian operators' employees outside Australia 92.135 Requirements for training course 92.140 Who may conduct training 92.145 Records about training -- Australian operators etc 92.155 Exclusions from training requirements Subpart 92.D -- Limitations on application of Subparts 92.B and 92.C 92.160 Aircraft operated by law enforcement authorities 92.165 Helicopter-slung loads 92.170 Cargo carried in main deck cargo compartments 92.175 Goods carried by private operators 92.180 Goods carried for parachute operations 92.185 Carriage of fuel in large containers 92.190 Goods for use in emergency services 92.195 Carriage of ammunition by air security officers Subpart 92.E -- Information to passengers 92.200 Information in passenger terminals 92.205 Information with tickets Subpart 92.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.005 Applicability (1) This Part applies in relation to the operation of: (a) all Australian aircraft; and (b) all foreign aircraft (other than state aircraft) operating in Australian territory. (2) This Part sets out: (a) for section 23 of the Act--the conditions under which an aircraft may carry dangerous goods and a person may carry dangerous goods, or consign dangerous goods for carriage, on an aircraft; and (b) for section 23A of the Act--the requirements for the statement to be made in respect of cargo consigned for carriage on an aircraft; and (c) for section 23B of the Act--the requirements for training of persons involved in handling cargo carried or consigned for carriage on an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.010 Definitions for Part 92 (1) In this Part: " accept ", used in relation to a package or consignment, has the same meaning as in the Technical Instructions. " Australian aircraft operator " means an operator of an Australian aircraft. " commercial operator" means an operator engaging in commercial air transport operations or commercial aerial work operations. " dangerous goods accident" means an event involving dangerous goods that occurs in the course of the goods being carried, or consigned for carriage, on an aircraft and results in: (a) a fatal or serious injury to a person; or (b) serious damage to the aircraft or any cargo carried on the aircraft. " dangerous goods incident" means an event (other than a dangerous goods accident) involving dangerous goods that occurs in the course of the goods being carried, or consigned for carriage, on an aircraft and that: (a) results in: (i) the escape of smoke or flames from the container or package in which the goods are contained; or (ii) breakage of the container or package in which the goods are contained; or (iii) any escape of the goods or part of them from the container or package in which they are contained; or (iv) leakage of fluid or radiation from the container or package in which the goods are contained; or (b) seriously jeopardises, or is likely to seriously jeopardise, the aircraft or its occupants. " dangerous goods manual" means a manual kept by an operator in accordance with regulation 92.045 or 92.050. " freight forwarder" means a person who offers the service of arranging the transport of cargo by air. " ground handling agent" means a person who performs, on behalf of an operator, the service of accepting, handling, loading, unloading, transferring or otherwise processing cargo, passengers or baggage. " shipment " means shipment by air. " shipper of dangerous goods" means a person who consigns dangerous goods for carriage on an aircraft. " Technical Instructions means, at a particular time, the edition that is valid at that time of the document entitled Technical Instructions for the Safe Transport of Dangerous Goods by Air", issued by the International Civil Aviation Organization. Note 1: Each edition of the Technical Instructions states in its Introduction the dates between which it is valid. The edition for 2003-2004 of the Technical Instructions is valid from 1 March 2003 to 31 December 2004 or until the next edition becomes valid. The Technical Instructions are available (as a printed document only) from the ICAO's Document Sales Unit at: ICAO, Document Sales Unit 999 University Street, Montreal, Quebec H3C 5H7 Canada Telephone: (514) 954-8022 Fax: (514) 954-6769 E-mail: sales_unit@icao.int Note 2: General industry practice is to follow the IATA Dangerous Goods Regulations, which are issued more frequently than the Technical Instructions. The requirements of the IATA Regulations are either the same as, or more stringent than, the requirements of the Technical Instructions. If that is so, compliance with the IATA Regulations will automatically result in compliance with the Technical Instructions. (2) An expression used in both this Part and the Technical Instructions has, unless the contrary intention appears, the same meaning in this Part as in the Technical Instructions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.015 What are dangerous goods? For the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection 23(3) of the Act, the things specified in the Dangerous Goods List contained in the Technical Instructions are declared to be dangerous goods. Note: Explosives are dangerous goods whether or not they are mentioned in the Dangerous Goods List--see the Act, subsection 23(3). Subpart 92.B --Conditions for carriage etc of dangerous goods Note: Subpart 92.D sets out certain exemptions from requirements of this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.020 Compliance with Technical Instructions generally (1) This regulation makes provision, for the purposes of subsections 23(1), (2) and (2A) of the Act, about the carriage, and consignment for carriage, of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, an aircraft must not carry dangerous goods except in accordance with these Regulations. (2) Dangerous goods of a kind that, under the Technical Instructions, are forbidden for transport by air must not be consigned for carriage on an aircraft. Note: For details of where to obtain copies of the Technical Instructions, see the note following the definition of Technical Instructions in regulation 92.010. (3) Dangerous goods of a kind that, under the Technical Instructions, are forbidden for transport by air must not be carried on an aircraft. (4) Dangerous goods of a kind that, under the Technical Instructions, are forbidden for transport by air on a passenger aircraft must not be consigned for carriage on a passenger aircraft. (5) Dangerous goods of a kind that, under the Technical Instructions, are forbidden for transport by air on a passenger aircraft must not be carried on a passenger aircraft. (6) Dangerous goods of a kind that, under the Technical Instructions, may be carried by air only in particular circumstances must not be consigned for carriage by air except in those circumstances. (7) Dangerous goods of a kind that, under the Technical Instructions, may be carried by air only in particular circumstances must not be carried by air except in those circumstances. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.025 Compliance with Technical Instructions--operators (1) This regulation makes provision, for the purposes of subsections 23(1), (2) and (2A) of the Act, about the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, an aircraft must not carry dangerous goods except in accordance with these Regulations. (2) It is a condition of the carriage of dangerous goods on an aircraft that the operator of the aircraft complies with: (a) the requirements (if any) of the Technical Instructions limiting the quantity of such goods that may be carried on the aircraft; or (b) the requirements of those Instructions concerning the following matters: (i) the loading of the goods; (ii) the separation of the goods from passengers, animals or other cargo on board the aircraft; (iii) the replacement of lost, damaged or detached labels; (iv) the labelling of unit load devices (such as containers or pallets) that contain the goods; (v) segregation of the goods from other dangerous goods; (vi) acceptance procedures for the goods; (vii) dealing with undeliverable consignments; (viii) dealing with damaged packages; (ix) inspection of the aircraft or the goods; (x) decontamination of the aircraft; (xi) giving information to the aircraft's crew; (xii) action to be taken by the crew in an emergency; (xiii) giving information to an emergency service such as a fire service or police service; (xiv) documentation; (xv) providing notices and information. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.030 Compliance with Technical Instructions--passengers and crew (1) This regulation makes provision, for the purposes of subsections 23(1), (2) and (2A) of the Act, about the carriage of dangerous goods on an aircraft by a person, whether a passenger or a member of the aircraft's crew. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations. (2) Subject to subregulation (3), it is a condition of the carriage of dangerous goods on an aircraft by a person that the person complies with the requirements (if any) of the Technical Instructions: (a) concerning the type of dangerous goods that a person may carry on board an aircraft; or (b) as to whether the dangerous goods may be carried in the person's carry-on baggage or in checked baggage; or (c) limiting the quantity of such goods that may be carried on the aircraft, or in checked or carry-on baggage; or (d) requiring the aircraft operator's approval before the goods are carried. Note: The relevant provisions of the Technical Instructions are set out at the end of this regulation. (3) A person who is a passenger is taken not to contravene the condition in subregulation (2) if the person carries dangerous goods in contravention of that condition, or carries such goods in a way that would, but for this subregulation, contravene that condition, if: (a) the person carries the goods, or carries the goods in that way, in reliance on a statement, made by the operator or an employee of the operator, to the effect that the carriage of the goods, or the carriage of goods in that way, is permissible or does not contravene the Technical Instructions; and (b) it is reasonable for the person to rely on that statement. Note 1: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. Note 2: Section 1.1 of the Technical Instructions, regarding dangerous goods carried by passengers or crew, is as follows: 1.1 DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW 1.1.1 Except as otherwise provided in 1.1.2 below, dangerous goods must not be carried by passengers or crew members, either as or in carry-on baggage or checked baggage or on their person. Security type equipment such as attaché cases, cash boxes, cash bags, etc. incorporating dangerous goods, for example lithium batteries or pyrotechnic material, are totally forbidden; see entry in Table 3-1. 1.1.2 The provisions of these Instructions do not apply to the following when carried by passengers or crew members or in baggage, transported by the operator, that has been separated from its owner during transit (e.g. lost baggage or improperly routed baggage): a) when in retail packagings, alcoholic beverages containing more than 24 per cent but not more than 70 per cent alcohol by volume, in receptacles not exceeding 5 L, with a total net quantity per person of 5 L for such beverages; Note.--Alcoholic beverages containing not more than 24 per cent alcohol by volume are not subject to any restrictions. b) non-radioactive medicinal or toilet articles (including aerosols). Also aerosols in Division 2.2, with no subsidiary risk, for sporting or home use in checked baggage only. The total net quantity of all such articles carried by each person must not exceed 2 kg or 2 L and the net quantity of each single article must not exceed 0.5 kg or 0.5 L. The term "medicinal or toilet articles (including aerosols)" is intended to include such items as hair sprays, perfumes, colognes and medicines containing alcohols; c) with the approval of the operator (s), small gaseous oxygen or air cylinders required for medical use; d) small carbon dioxide gas cylinders worn for the operation of mechanical limbs, also spare cylinders of a similar size if required to ensure an adequate supply for the duration of the journey; e) with the approval of the operator (s), as checked baggage only, securely boxed cartridges for sporting purposes, in Division 1.4S, in quantities not exceeding 5 kg gross mass per person for that person's own use, excluding ammunition with explosive or incendiary projectiles. Allowances for more than one person must not be combined into one or more packages; f) dry ice in quantities not exceeding 2 kg per person, when used to pack perishables not subject to these Instructions, provided the package permits the release of carbon dioxide gas: in carry-on baggage; or with the approval of the operator (s), in checked baggage; g) safety matches or a lighter intended for use by an individual when carried on the person. However, lighters containing unabsorbed liquid fuel (other than liquefied gas), lighter fuel and lighter refills are not permitted on one's person or in checked or carry-on baggage; Note.--"Strike anywhere" matches are forbidden for air transport. h) radioisotopic cardiac pacemakers or other devices, including those powered by lithium batteries, implanted into a person, or radio-pharmaceuticals contained within the body of a person as the result of medical treatment; i) with the approval of the operator (s), wheelchairs or other battery-powered mobility aids with non-spillable batteries (see Packing Instruction 806 and Special Provision A67), as checked baggage provided the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair or mobility aid; j) with the approval of the operator (s), wheelchairs or other battery-powered mobility aids with spillable batteries as checked baggage, provided that the wheelchair or mobility aid can be loaded, stowed, secured and unloaded always in an upright position and that the battery is disconnected, the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair or mobility aid. If the wheelchair or mobility aid cannot be loaded, stowed, secured and unloaded always in an upright position, the battery must be removed and the wheelchair or mobility aid may then be carried as checked baggage without restriction. The removed battery must be carried in strong, rigid packagings as follows: these packagings must be leaktight, impervious to battery fluid and be protected against upset by securing to pallets or by securing them in cargo compartments using appropriate means of securement (other than by bracing with freight or baggage) such as by use of restraining straps, brackets or holders; batteries must be protected against short circuits, secured upright in these packagings and surrounded by compatible absorbent material sufficient to absorb their total liquid contents; and these packagings must be marked "Battery, wet, with wheelchair" or "Battery, wet, with mobility aid" and be labelled with a "Corrosive" label (Figure 5-21) and with a package orientation label (Figure 5-25). The pilot-in-command must be informed of the location of a wheelchair or mobility aid with an installed battery or the location of a packed battery. It is recommended that passengers make advance arrangements with each operator; also unless batteries are non-spillable they should be fitted, where feasible, with spill-resistant vent caps; k) hair curlers containing hydrocarbon gas, no more than one per person, provided that the safety cover is securely fitted over the heating element. Gas refills for such curlers must not be carried; l) with the approval of the operator (s), as carry-on baggage only, a mercurial barometer or mercurial thermometer carried by a representative of a government weather bureau or similar official agency. The barometer or thermometer must be packed in a strong outer packaging, having a sealed inner liner or a bag of strong leak-proof and puncture-resistant material impervious to mercury, which will prevent the escape of mercury from the package irrespective of its position. The pilot- in-command must be informed of the barometer or thermometer; m) with the approval of the operator (s), no more than two small carbon dioxide cylinders of carbon dioxide or another suitable gas in Division 2.2 per person fitted into a self-inflating life-jacket for inflation purposes, plus no more than two spare cartridges; n) with the approval of the operator (s), heat producing articles (i.e. battery-operated equipment such as underwater torches and soldering equipment which, if accidentally activated, will generate extreme heat and can cause fire) may be carried in carry-on baggage only. The heat producing component, or the energy source, must be removed so as to prevent unintentional functioning during transport; o) one small medical or clinical thermometer which contains mercury, for personal use, when in its protective case; p) with the approval of the operator (s), one avalanche rescue backpack per person equipped with a pyrotechnic trigger mechanism containing not more than 200 mg net of Division 1.4S and not more than 250 mg of compressed gas in Division 2.2. The backpack must be packed in such a manner that it cannot be accidentally activated. The airbags within the backpack must be fitted with pressure relief valves; and q) consumer electronic devices (watches, calculating machines, cameras, cellular phones, laptop computers, camcorders, etc.) containing lithium or lithium ion cells or batteries when carried by passengers or crew for personal use. Spare batteries must be individually protected so as to prevent short circuits and carried in carry-on baggage only. In addition, each spare battery must not exceed the following quantities: for lithium metal or lithium alloy batteries, a lithium content of not more than 2 grams; or for lithium ion batteries, an aggregate equivalent lithium content of not more than 8 grams. Lithium ion batteries with an aggregate equivalent lithium content of more than 8 grams but not more than 25 grams may be carried in carry-on baggage if they are individually protected so as to prevent short circuits and are limited to two spare batteries per person. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.035 Compliance with Technical Instructions--persons who consign dangerous goods (1) This regulation makes provision, for the purposes of subsections 23(1), (2) and (2A) of the Act, about the consignment for carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be consigned for carriage on an aircraft except in accordance with these Regulations. (2) It is a condition of the consignment for carriage of dangerous goods on an aircraft that the consignor of the goods complies with the requirements of the Technical Instructions: (a) concerning the classification of the goods; and (b) limiting the quantity of such goods that may be carried in the one consignment; and (c) concerning: (i) the packing of the goods; and (ii) the marking of the goods; and (iii) the labelling of the goods; and (iv) segregation of the goods from other dangerous goods; and (v) the documentation for the goods; and (vi) the provision of information about the goods; and (vii) empty packaging. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.040 Commercial Australian aircraft operators--conditions for carriage of dangerous goods--dangerous goods manual (1) This regulation sets out, for the purposes of subsections 23(1), (2) and (2A) of the Act, a condition of the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations. (2) A commercial Australian aircraft operator may carry dangerous goods (other than dangerous goods to which subregulation (3) applies) on an Australian aircraft operated by the operator, or permit such goods to be carried on such an aircraft, only if the operator: (a) has a dangerous goods manual in accordance with regulation 92.045; and (b) complies with regulation 92.055. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. (3) This subregulation applies to: (a) dangerous goods required to be carried on board the aircraft by a law in force in Australia (including the Civil Aviation Orders); and (b) dangerous goods carried on board the aircraft for use or sale on the aircraft during a flight; but does not apply to any of the following kinds of dangerous goods: (c) goods of the operator intended as replacements for dangerous goods referred to in paragraph (a) or (b); or (d) the operator's goods, of a kind referred to in paragraph (a) or (b), that have been removed for replacement; (e) dangerous goods permitted, under these Regulations, to be carried in passengers' checked baggage or carry-on baggage; (f) goods intended to be used to provide, during flight: (i) medical aid to a patient; or (ii) veterinary aid or a humane killer for an animal; or (iii) aid in connection with search and rescue operations; (g) goods for dropping in connection with forestry, horticultural, or pollution-control activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.045 Dangerous goods manual--Australian aircraft operators (1) An Australian aircraft operator's dangerous goods manual must: (a) set out the procedures and instructions for the handling and carriage of dangerous goods on the operator's aircraft; or (b) specify where those procedures and instructions can be found. (2) The operator must have, and must use, an appropriate amendment system to keep all the copies of the manual up-to-date. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.050 Commercial foreign aircraft operators--conditions to which carriage of dangerous goods is subject (1) This regulation sets out, for the purposes of subsections 23(1), (2) and (2A) of the Act, a condition of the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations. (2) A commercial foreign aircraft operator may carry dangerous goods (other than goods required to be carried on board the aircraft by the law of the Contracting State in which the aircraft is registered, or goods carried on board the aircraft for use or sale during flight) on a foreign aircraft operated by the operator, or permit such goods to be carried on such an aircraft, only if the operator: (a) has a dangerous goods manual in accordance with: (i) the Technical Instructions; or (ii) if the law of the Contracting State in which the aircraft is registered imposes requirements about a dangerous goods manual--that law; and (b) complies with regulation 92.055. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.055 Dangerous goods manual--requirements applicable to all operators (1) An operator's dangerous goods manual may be incorporated in the operator's operations manual or any other manual maintained by the operator that deals with the handling or carriage of cargo. (2) Subregulations (3), (4) and (5) set out, for the purposes of subsections 23(1), (2) and (2A) of the Act, conditions of the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations. (3) An operator must make a copy of its dangerous goods manual available, in a readily accessible place: (a) in the case of an Australian operator--to each of the operator's employees whose duties and responsibilities are related to the handling or carriage of cargo; or (b) in any other case--to: (i) any of the operator's employees in Australia whose duties and responsibilities are related to the handling or carriage of cargo; and (ii) any employees of its ground handling agent in Australia whose duties and responsibilities are related to the handling or carriage of cargo. (4) An operator must take all reasonable steps to ensure that the handling and carriage of dangerous goods is in accordance with the procedures and instructions in, or referred to in, its dangerous goods manual. (5) An operator must take all reasonable steps to ensure that each of the operator's employees is made aware of the contents of the operator's dangerous goods manual so far as it is applicable and relevant to the employee's duties before the employee first performs those duties. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.065 Commercial operators--reporting of dangerous goods incidents (1) Subregulation (2) sets out, for the purposes of subsections 23(1), (2) and (2A) of the Act, a condition of the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations. (2) Subject to subregulation (3), the carriage of dangerous goods by an aircraft operated by a commercial operator is subject to the condition that, if a dangerous goods incident occurs, the operator must report the incident to CASA in writing within 2 working days after the incident occurs. Note: An accident or serious incident involving dangerous goods carried on an aircraft must also be reported to the Australian Transport Safety Bureau under section 19BA of the Air Navigation Act 1920. (3) Subregulation (2) does not require an operator to report a dangerous goods incident involving dangerous goods that have not been accepted by the operator for carriage by air. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.070 Dangerous goods statement (Act s 23A) (1) A person who, in the circumstances specified in subregulation (3), consigns cargo for carriage on board an aircraft (including a freight forwarder that does so in the course of business as a freight forwarder) must make and sign a written statement that: (a) is to the effect that the cargo does not contain dangerous goods; or (b) describes the contents of the cargo. Note: Consigning cargo without making the required statement is an offence--see the Act, subsection 23A(2). Knowingly making a false or misleading statement is also an offence--see the Criminal Code, section 137.1. (2) The reference in subregulation (1) to consigning cargo for carriage on board an aircraft includes consigning cargo in circumstances such that there is a possibility that the cargo may, during its journey, be carried on an aircraft. (3) For subsection 23A(1) of the Act and subregulation (1), all circumstances other than those mentioned in subregulation (4) are specified. (4) The circumstances in which subregulation (1) does not apply are the following: (a) the cargo was consigned from a place outside Australia; (b) the cargo is checked baggage that is to be carried on the same aircraft as the person who checked the baggage; (c) the cargo is: (i) a postal article (within the meaning of the Australian Postal Corporation Act 1989) that is in the course of carriage by air; or (ii) a document being sent between service centres of a document exchange service (within the meaning given by that Act); and: (iii) weighs no more than 500 grams; and (iv) is no more than 20 millimetres thick; and (v) is no longer than 360 millimetres; and (vi) is no wider than 260 millimetres; (d) the cargo is dangerous goods that have been marked and documented in accordance with this Part. (5) Subregulation (6) sets out, for the purposes of subsections 23(1), (2) and (2A) of the Act, a condition of the carriage of dangerous goods on an aircraft. Note: Under subsections 23(1), (2) and (2A) of the Act, an aircraft must not carry dangerous goods except in accordance with these Regulations. (6) Except in the circumstances mentioned in subregulation (4), the operator of an aircraft must not allow an item of cargo to be placed on board the aircraft unless the operator has been given a statement about the item in accordance with subregulation (1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.075 Dangerous goods statement in reliance on statement already made (1) If, in the course of cargo being consigned for carriage on an aircraft, a person delivers the cargo to the Australian Postal Corporation or a freight forwarder and gives to the Corporation or the forwarder a signed written statement that acknowledges that the cargo will or may be carried by air, and: (a) is to the effect that the cargo does not contain dangerous goods; or (b) describes the contents of the cargo; the Corporation or the forwarder may, in making a statement to the operator of the kind required by regulation 92.070, rely on the person's statement. (2) If an aircraft operator hands cargo to another operator for carriage on an aircraft operated by the second operator, and a statement of the kind required by regulation 92.070 was given to the first operator, the first operator may, in making a statement to the second operator of the kind required by that regulation, rely on the statement given to the first operator. Subpart 92.C --Training CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.085 Definitions for Subpart 92.C (1) In this Subpart: " cargo " does not include carry-on baggage or checked baggage. " deemed employee " means a person who, although not employed by an aircraft operator, ground handling agent, freight forwarder, screening authority or shipper of dangerous goods, performs for the operator, ground handling agent, freight forwarder, screening authority or shipper any of the following services: (a) accepting cargo consigned for transport on an aircraft, or supervising someone whose duties include accepting such cargo at any time after it leaves the custody of the original consignor; (b) acting as a member of an aircraft's flight crew or as a load planner; (c) acting as a member of an aircraft's cabin crew; (d) handling cargo consigned for transport on an aircraft at any time after it leaves the custody of the original consignor, or supervising someone whose duties include handling such cargo; (e) handling passengers' checked or carry-on baggage, or supervising someone whose duties include handling such baggage; (f) packing dangerous goods, or supervising someone whose duties include packing such goods, in the course of the goods' being consigned for carriage on an aircraft. " group A employee " means: (a) an employee whose duties include accepting, or supervising someone whose duties include accepting, cargo known or believed to contain dangerous goods consigned for transport on an aircraft at any time after it leaves the custody of the original consignor; or (b) a deemed employee whose function includes those duties. " group B employee " means: (a) an employee whose duties include accepting, or supervising someone whose duties include accepting, cargo consigned for transport on an aircraft (other than cargo known or believed to contain dangerous goods) at any time after it leaves the custody of the original consignor; or (b) a deemed employee whose function includes those duties. " group C employee " means: (a) an employee who is a member of an aircraft's flight crew or a load planner; or (b) a deemed employee whose function includes performing the duties of a member of an aircraft's flight crew or a load planner " group D employee " means: (a) an employee who is a member of an aircraft's cabin crew; or (b) a deemed employee whose function includes performing the duties of a member of an aircraft's cabin crew. " group E employee " means: (a) any employee of an operator, ground handling agent, freight forwarder or screening authority who is not a group A, B, C or D employee and whose duties involve handling: (i) cargo consigned for transport on an aircraft at any time after it leaves the custody of the original consignor; or (ii) passengers' checked or carry-on baggage; or (b) a deemed employee whose function includes those duties. " group F employee " means: (a) an employee of a shipper of goods whose duties include packing dangerous goods, or supervising someone else whose duties include packing dangerous goods, in the course of the goods being consigned for transport on an aircraft; or (b) a deemed employee whose function includes those duties. " load planner ", in relation to dangerous goods, means a person nominated by an operator to be responsible for any 1 or more of the following: (a) specifying where dangerous goods may be stowed on an aircraft; (b) specifying the necessary segregation of the goods from other dangerous goods, other cargo, or passengers on the aircraft; (c) preparing information for the use of the pilot-in-command; (d) providing dangerous goods emergency response information for the pilot-in command. Note: A person who performs those functions is known by many different titles: for example, load controller. Not all the functions are necessarily performed by the same person. Some or all of the functions may be the responsibility of the pilot-in-command or another crew member. " screening authority " has the same meaning as in the Air Navigation Act 1920. (2) For the definitions of deemed employee and group F employee in subregulation (1), a person packs dangerous goods if he or she does any of the following in relation to the goods: (a) enclosing the goods in packaging; (b) marking or labelling the package or consignment; (c) preparing a dangerous goods transport document for the consignment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.090 Extended meaning of every 2 years for this Subpart For the purposes of this Subpart, if an employee completes a training course within 3 months before the second anniversary of the day on which he or she last completed, or is taken under a previous application of this regulation to have completed, a similar training course, he or she is taken to have completed the later course on that second anniversary. Example: Suppose John Smith and Mary Jones each complete a course on 1 July 2003. Under the other provisions of this Subpart, each needs to complete the course again on 1 July 2005. Suppose John completes the course again on 1 May 2005 (that is, less than 3 months before the second anniversary of the last time he did so). He is taken to have done so on 1 July 2005, and needs to complete the course again on 1 July 2007. However, Mary completes the course again on 15 March 2005 (that is, more than 3 months before the second anniversary of the last time she did so). She would need to complete the course yet again on 15 March 2007. Suppose John completes the course again on 1 May 2007. He is taken to have done so on 1 July 2007, and needs to complete the course again on 1 July 2009. However, if Mary were to complete the course again on 15 January 2007, she would need to complete the course again on 15 March 2009. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.095 Training--certain employees of Australian aircraft operators (1) This regulation applies to a group A, B, C, D or E employee in Australia of an Australian aircraft operator, and to a group C or D employee outside Australia of an Australian operator, but not to such an employee who is engaged only in 1 or more of the following: (a) private operations; (b) agricultural (including horticultural), forestry, or pollution-control operations; (c) search and rescue operations; (d) balloon operations; (e) scenic or joy-flight operations; (f) flying training operations. (2) An Australian aircraft operator must ensure that each of its employees to whom this regulation applies undertakes training in accordance with regulation 92.110: (a) before the employee first performs the relevant duties; and (b) every 2 years while the employee continues to have those duties. Maximum penalty: 30 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.100 Training--certain employees of Australian ground handling agents (1) A ground handling agent must ensure that each of its employees in Australia who is a group A, B, C or E employee undertakes training in accordance with regulation 92.110: (a) before the employee first performs the relevant duties; and (b) every 2 years while the employee continues to have those duties. Maximum penalty: 30 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.105 Training--certain employees of Australian freight forwarders (1) Subject to subregulation (3), a freight forwarder must ensure that each of its employees in Australia who is a group A, B or E employee undertakes training in accordance with regulation 92.110: (a) before the employee first performs the relevant duties; and (b) every 2 years while the employee continues to have those duties. Maximum penalty: 30 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subregulation (1) does not apply to a freight forwarder's employee who handles or accepts only cargo of the kind mentioned in paragraph 92.070(4)(c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.110 Required standard of training for regulations 92.095, 92.100 and 92.105 The training that an employee to whom regulation 92.095, 92.100 or 92.105 applies must undertake is a training course that meets the relevant requirements of regulation 92.135 and: (a) for a group A employee--is approved by CASA as being appropriate for group A employees; and (b) for a group B employee--is approved by CASA as being appropriate for group B employees; and (c) for a group C employee--is approved by CASA as being appropriate for group C employees; and (d) for a group D employee--is approved by CASA as being appropriate for group D employees; and (e) for a group E employee--is appropriate for group E employees. Note: A training course for group E employees does not require approval by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.115 Training--certain employees of screening authorities (1) This regulation applies to an employee in Australia of a screening authority if the employee's duties include handling, or supervising anyone who handles, checked baggage or carry-on baggage. (2) The screening authority must ensure that each of its employees to whom this regulation applies undertakes training in accordance with subregulation (4): (a) before the employee first performs the relevant duties; and (b) every 2 years while the employee continues to have those duties. Maximum penalty: 30 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) The training that such an employee must undertake is a training course appropriate for such employees that meets the requirements of regulation 92.135. Note: A training course for employees of screening authorities does not require approval by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.120 Training--certain employees of shippers of dangerous goods (1) Subject to subregulation (2), a person who ships dangerous goods must ensure that each of its group F employees undertakes training in accordance with subregulation (4): (a) before the employee first performs the relevant duties; and (b) every 2 years while the employee continues to have those duties. Maximum penalty: 30 penalty units. (2) Subregulation (1) does not apply to an individual who consigns dangerous goods within Australian territory for his or her own private, non-commercial purposes. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) The training that such an employee must undertake is a training course approved by CASA as being appropriate for group F employees and as meeting the requirements of regulation 92.135. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.125 Training--certain employees of non-Australian operators (1) This regulation applies to a group A, B, C, D or E employee in Australia of an aircraft operator that is not an Australian operator. (2) The operator must ensure that each of its employees to whom this regulation applies undertakes training in accordance with: (a) the requirements of the law of the place in which the operator's aircraft are registered; or (b) if there are no such requirements, or the operator's aircraft are registered in more than 1 country, the requirements of the Technical Instructions; before the employee first performs the relevant duties, and as often as that law or the Technical Instructions require while the employee continues to carry out those duties. Maximum penalty: 30 penalty units. (3) The operator must ensure that the records about that training required by that law or the Technical Instructions are kept. Maximum penalty: 30 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.130 Training--Australian operators' employees outside Australia (1) This regulation applies to a group A, B or E employee of an Australian operator who performs duties outside Australia. (2) The operator must ensure that each employee to whom this regulation applies undertakes training in accordance with: (a) the requirements of the law of the place in which he or she carries out those duties; or (b) if there are no such requirements, the requirements of the Technical Instructions; before the employee first performs the relevant duties, and as often as that law or the Technical Instructions require while the employee continues to carry out those duties. Maximum penalty: 30 penalty units. (3) The operator must ensure that the records about that training required by that law or the Technical Instructions are kept. Maximum penalty: 30 penalty units. (4) The operator must also ensure that the training is evaluated at least every second year and the evaluation process is included in the operator's audit program. Maximum penalty: 10 penalty units. (5) The operator must also ensure that if a deemed employee's services are provided to the operator under a contract, the contract contains provisions for the necessary resources, competence, procedures and management systems, to ensure that the service to the operator is a safe one. Maximum penalty: 10 penalty units. (6) An offence against subregulation (2), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.135 Requirements for training course (1) A dangerous goods training course that is required to be approved by CASA must include training in: (a) the subject mentioned in item 20 of Table 92.135-1; and (b) each of the other subjects mentioned in that table that is relevant to the employee's duties and responsibilities in relation to the handling, carriage or consignment of cargo on an aircraft. Note: Tables 92.135-1 and 92.135-2 follow this regulation. (2) A dangerous goods training course that is not required to be so approved must include training in: (a) the subject mentioned in item 12 of Table 92.135-2; and (b) each of the other subjects mentioned in that table that is relevant to the employee's duties and responsibilities in relation to the handling, carriage or consignment of cargo on an aircraft. (3) A dangerous goods training course must provide for a test of the employee's knowledge of the relevant subjects based on the training. (4) A dangerous goods training course must be of a standard that will enable the employee, on completing it satisfactorily, to carry out those duties and responsibilities effectively. (5) A dangerous goods training course must provide for the issue, to each person who successfully completes the course, of a certificate stating that he or she has done so. Table 92.135-1 Syllabus for training courses requiring approval Item Subject 1 The requirements of the Act and these Regulations relating to consignment and carriage of dangerous goods 2 If the course is to be undertaken by an operator's employee or deemed employee, the purpose, contents and distribution requirements of the operator's dangerous goods manual 3 Parts 7;1.4, 7;5 and 7;6 of the Technical Instructions (Cargo/passenger acceptance procedures--the kinds of cargo/passenger's baggage that are likely to be, or contain, dangerous goods) 4 Methods used to identify cargo containing dangerous goods 5 The manner in which dangerous goods in each class of dangerous goods mentioned in the Technical Instructions could jeopardise the safety of an aircraft or anyone in it 6 The matters in the Foreword to the Technical Instructions 7 Part 1;2.1 of the Technical Instructions (Dangerous goods forbidden for transport by air under any circumstance) 8 Parts 1;1.1 and 1;1.2 of the Technical Instructions (General applicability and General transport requirements) 9 Part 1;2.2 of the Technical Instructions (Exceptions for dangerous goods of the operator) 10 Part 1;2.3 of the Technical Instructions (Dangerous goods in air mail) 11 Part 1;2.4 of the Technical Instructions (Dangerous goods in excepted quantities) 12 Part 3;4 of the Technical Instructions (Dangerous goods in limited quantities) 13 Part 1;3.1 of the Technical Instructions (Definitions) 14 Part 2 of the Technical Instructions (Classification of dangerous goods) 15 Parts 3;1 and 3;2, Table 3-1 and Part 3;3 of the Technical Instructions (respectively General, Arrangement of the Dangerous Goods List, The Dangerous Goods List and Special Provisions) 16 Part 4 of the Technical Instructions (Packing instructions) 17 Part 5 of the Technical Instructions (Shipper's responsibilities) 18 Part 7 of the Technical Instructions (Operator's responsibilities) 19 Part 6 of the Technical Instructions (Packaging nomenclature, marking requirements and tests) 20 Part 8 of the Technical Instructions (Provisions concerning passengers and crew) 21 Attachment 1 to the Technical Instructions (Lists of proper shipping names) 22 Attachment 3 to the Technical Instructions (Notified variations from the Instructions) Table 92.135-2 Syllabus for training courses not requiring approval Item Subject 1 The requirements of the Act and these Regulations relating to consignment and carriage of dangerous goods 2 If the course is to be undertaken by an operator's employee or deemed employee, the purpose, contents and distribution requirements of the operator's dangerous goods manual 3 Parts 7;1.4, 7;5 and 7;6 of the Technical Instructions (The kinds of cargo/passenger's baggage that are likely to be, or contain, dangerous goods) 4 Methods used to identify cargo containing dangerous goods 5 The manner in which the dangerous goods in each class of dangerous goods mentioned in the Technical Instructions could jeopardise the safety of an aircraft or anyone in it 6 The matters in the Foreword to the Technical Instructions 7 Part 1;2.2 of the Technical Instructions (Exceptions for dangerous goods of the operator) 8 Part 1;3.1 of the Technical Instructions (Definitions) 9 Part 2 of the Technical Instructions (Classification of dangerous goods) 10 Part 5;3 of the Technical Instructions (Labelling) 11 Part 7;2 of the Technical Instructions (Storage and loading) 12 Part 8 of the Technical Instructions (Provisions concerning passengers and crew) 13 Attachment 3 to the Technical Instructions (Notified variations from the Instructions) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.140 Who may conduct training (1) In this regulation: " approved training course " means a training course required under this Part that is required to be approved by CASA. (2) A person must not give, or offer to give, instruction that purports to be, or to form part of, a training course that is required to be approved by CASA if the course is not approved. Maximum penalty: 10 penalty units. (3) A person must not give instruction that is part of an approved training course if he or she is not approved for that purpose. Maximum penalty: 10 penalty units. (4) If an approved training course is conducted by distance education methods (including correspondence, video or computer network) a person must not: (a) prepare material for; or (b) supervise; the course if he or she is not approved for that purpose. Maximum penalty: 10 penalty units. (5) A person must not: (a) give instruction that is part of a training course for group E employees, or employees of a screening authority, required under this Part; or (b) prepare material for such a training course that is, or is to be, given by a distance education method (including by correspondence, video or computer network); or (c) supervise such a training course that is, or is to be, given by such a method; if the person has not, within the previous 2 years, undertaken an approved training course for group A or B employees. Maximum penalty: 5 penalty units. (6) For paragraph (5)(a), strict liability applies to the circumstance that a training course is required under this Part. (7) For this regulation, strict liability applies to the circumstance that a training course is required to be approved under this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.145 Records about training--Australian operators etc (1) This regulation applies to: (a) an Australian aircraft operator that has any group A, B, C, D or E employees in Australia; and (b) an Australian aircraft operator that has any group C or D employees outside Australia; and (c) a person in Australia who: (i) ships dangerous goods for carriage by aircraft; and (ii) has any group F employees in Australia; and (d) a ground handling agent or a freight forwarder that has any group A, B, C or E employees in Australia; and (e) a screening authority. (2) A person or organisation to whom or to which this regulation applies must maintain an up-to-date record of: (a) the name of each employee who has undertaken dangerous goods training in accordance with this Subpart; and (b) for each such employee: (i) the names of the person and the organisation providing the training and the date on which the training was undertaken; and (ii) a reference (for example, by CASA approval number) to the training material used to meet the training requirements. Maximum penalty: 30 penalty units. (3) A person or organisation to whom or to which this regulation applies must: (a) keep a copy of any certificate issued to an employee on the completion of a course of training required by this Part; and (b) give a copy of any such certificate to CA sa if CAsa so requests. Maximum penalty: 30 penalty units. (4) A reference in this regulation to an employee includes a deemed employee only if the deemed employee: (a) is self-employed; or (b) is employed by an employer that is not required to keep records under this regulation. Subpart 92.D --Limitations on application of Subparts 92.B and 92.C CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.160 Aircraft operated by law enforcement authorities (1) Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the carriage of dangerous goods by an Australian aircraft, or by a person on an Australian aircraft, operated by an Australian law enforcement authority if: (a) the aircraft is performing an operation solely for law enforcement purposes within Australian territory; and (b) the goods are not of a kind that is forbidden for transport by air under any circumstances by the Technical Instructions; and (c) the goods are in a proper condition for carriage by air and are stowed and secured safely in the aircraft, and the aircraft's pilot-in-command is told before the flight what the goods are and where they are on board the aircraft; and (d) the authority has a dangerous goods manual that complies with regulation 92.055, has established safety and emergency procedures for the goods, and that manual or the authority's operations manual contains detailed instructions in relation to those procedures; and (e) only persons essential to the operation are carried on the aircraft while the goods are on board the aircraft. (2) For subregulation (1), the Australian law enforcement authorities are the following: (a) the Australian Federal Police; (b) the Australian Border Force (within the meaning of the Australian Border Force Act 2015); (c) the Department administered by the Minister administering Part 1 of Chapter 8 of the Biosecurity Act 2015; (d) the police force or police service of a State or the Northern Territory. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.165 Helicopter-slung loads Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the carriage of dangerous goods by an Australian aircraft that is a helicopter if: (a) the helicopter is operating in Australian territory; and (b) the goods: (i) are carried as a slung load; and (ii) are in a proper condition for carriage by air; and (iii) are segregated in accordance with the Technical Instructions, or, if they are likely to react dangerously with one another, are not carried in the same load; and (iv) are not of a kind that the Technical Instructions forbid the transport of by air under any circumstances; and (v) are packed and stowed to prevent leakage or damage during the flight; and (vi) are not fireworks, pyrotechnics or other explosives intended to be activated during the flight; and (c) only operating crew and persons associated with the goods are carried on board the helicopter; and (d) the helicopter's pilot-in-command is told before the load is carried what the goods are and the quantity of them in the load; and (e) the helicopter is operated in accordance with section 29.6 of the Civil Aviation Orders. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.170 Cargo carried in main deck cargo compartments (1) In this regulation: " Class B cargo compartment and Class C cargo compartment" have the same respective meanings as in ICAO Document 9481, Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods, as in force on 1 January 2004. " UN " followed by a 4-digit number is the number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or group of substances. Note: The numbers are set out in the UN Classification, which is available as a PDF file from: http://www.unece.org/trans/danger/publi/unrec/English/part3.pdf. " UN Classification " means Part 3 of the United Nations Model Regulations on the Transport of Dangerous Goods, published by the United Nations Economic Commission for Europe, as adapted by the International Civil Aviation Organization and set out in the Technical Instructions. (2) Subregulations 92.020(6) and (7) and subparagraph 92.025(2)(b)(i) do not apply to the carriage of dangerous goods in the main deck cargo compartment of an aircraft if: (a) the aircraft: (i) is operating in Australian territory; and (ii) does not have an underfloor cargo compartment; and (b) in the case of an aircraft engaged in passenger-carrying operations, the compartment is not a class B or class C cargo compartment; and (c) the cargo compartment is separated from the passenger cabin by a bulkhead or other barrier that will prevent fire and hazardous quantities of smoke or toxic gases from entering the passenger cabin or crew compartment; and (d) the goods meet all of the packing, labelling, marking, documentation, stowage and segregation requirements of the Technical Instructions; and (e) the goods do not have a subsidiary risk; and (f) either: (i) the proper shipping name for the goods given by the UN Classification does not include the letters 'n.o.s'; or (ii) the labelling rules set out in the UN Classification do not require the technical name of the goods to be used as well as the proper shipping name; and (g) the goods are of any of the following kinds: (i) goods classified in Division 1.4 and compatibility group S (certain explosives); (ii) aerosols that contain gases classified in Division 2.1 (flammable gases); (iii) gases classified in Division 2.2 (non-flammable and non-toxic gases) (except UN 2037, UN 2073 and UN 2857); (iv) flammable liquids (Class 3) in Packing Group III in combination packagings (except UN 1112, UN 2047, UN 2059, UN 2332, UN 3054 and UN 3269); (v) flammable solids (Division 4.1) in Packing Group III (except UN 1309, UN 1313, UN 1314, UN 1318, UN 1324, UN 1330, UN 1338, UN 1353, UN 1869, UN 2000, UN 2213, UN 2714, UN 2715, UN 2878, UN 3089 and UN 3241); (vi) oxidizing substances (Division 5.1) in Packing Group III (except UN 1458, UN 1459, UN 1467, UN 1481, UN 1482, UN 1483, UN 2427, UN 2428, UN 2429, UN 2469, UN 2726, UN 2984, UN 3210, UN 3211, UN 3213, UN 3215, UN 3216, UN 3218 and UN 3219); (vii) toxic substances (Division 6.1) in Packing Group III in combination packagings (except UN 1549, UN 1550, UN 1551, UN 1556, UN 1557, UN 1593, UN 1599, UN 1655, UN 1686, UN 1690, UN 1710, UN 1812, UN 1887, UN 1888, UN 1897, UN 1935, UN 2024, UN 2025, UN 2074, UN 2077, UN 2233, UN 2501, UN 2505, UN 2515, UN 2609, UN 2655, UN 2656, UN 2674, UN 2713, UN 2747, UN 2785, UN 2788, UN 2821, UN 2831, UN 2853, UN 2854, UN 2855, UN 2856, UN 2871, UN 2874, UN 3141, UN 3144, UN 3146, UN 3286 and UN 3293); (viii) infectious substances (Division 6.2); (ix) diagnostic specimens (UN 3373) packed in accordance with Packing Instruction 650 of the Technical Instructions; (x) radioactive material (Class 7) but only excepted packages and packages assigned category I - White only; (xi) corrosives (Class 8) in Packing Group III in combination packagings (except UN 1731, UN 1740, UN 1755, UN 1757, UN 1783, UN 1787, UN 1788, UN 1789, UN 1814, UN 1819, UN 1824, UN 1908, UN 2430, UN 2496, UN 2508, UN 2564, UN 2578, UN 2585, UN 2586, UN 2672, UN 2677, UN 2679, UN 2681, UN 2693, UN 2790, UN 2803, UN 2809, UN 2837, UN 2869, UN 3145, UN 3253 and UN 3320); (xii) dangerous goods classified in Class 9 (except UN 1931, UN 1941, UN 1990, UN 2211, UN 2590, UN 3268, UN 3314, UN 3316, UN 3363 and UN 8000); (xiii) dangerous goods permitted by the Technical Instructions to be carried in excepted quantities. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. (3) Subregulations 92.020(6) and (7) and subparagraph 92.025(2)(b)(i) do not apply in relation to the carriage of UN 1072 (oxygen, compressed) in the main deck cargo compartment of an aircraft if the carriage is in accordance with paragraphs (2)(a) to (d). (4) Subregulations 92.020(6) and (7) and subparagraph 92.025(2)(b)(i) do not apply in relation to the carriage of UN 1993 (flammable liquid, n.o.s.) in the main deck cargo compartment of an aircraft if the carriage is in accordance with paragraphs (2)(a) to (d). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.175 Goods carried by private operators Subparts 92.B and 92.C do not apply to the carriage of dangerous goods by an aircraft operated by an operator engaged in private (non-commercial) operations if: (a) the aircraft is operating in Australian territory and: (i) is unpressurised; and (ii) has an approved passenger seat configuration of less than 10 seats; and (b) the goods: (i) are in a proper condition for carriage by air; and (ii) are identified by class in accordance with the Technical Instructions; and (iii) are permitted by the Technical Instructions to be carried on a passenger or cargo aircraft; and (iv) are stowed and secured on the aircraft to prevent movement and damage, and segregated in accordance with the requirements of the Technical Instructions if they are likely to react dangerously with one another; and (c) the pilot-in-command of the aircraft ensures that every person on board the aircraft knows, before boarding the aircraft, that the dangerous goods are on board. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.180 Goods carried for parachute operations Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the carriage, on an aircraft, of dangerous goods classified in Division 1.4 if: (a) the aircraft is operating in Australian territory; and (b) the person carrying the goods intends to jump from the aircraft by parachute, and to use the goods during the parachute descent; and (c) the goods are not used until after the person jumps from the aircraft; and (d) the pilot-in-command of the aircraft: (i) knows what the goods are; and (ii) before the flight begins, briefs everybody intending to board the aircraft on what to do if any of the goods are activated during the flight; and (e) where the flight is being undertaken by a commercial operator--the operator establishes safety and emergency procedures for the operation and sets out those procedures in the operator's dangerous goods manual. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.185 Carriage of fuel in large containers Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the consignment for carriage, or to the carriage, on a cargo aircraft in Australian territory of: (a) petrol (whether called petrol, gasoline or motor spirit) (UN 1203) of packing group II; or (b) aviation turbine fuel (UN 1863) of packing group II; if the petrol or aviation turbine fuel: (c) is documented, labelled, stowed and segregated on the aircraft in accordance with the Technical Instructions; and (d) is contained in 1A1 non-removable-head steel drums or 1B1 non-removable-head aluminium drums with a capacity of no more than 220 litres. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.190 Goods for use in emergency services Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the consignment for carriage, or to the carriage, of dangerous goods on an aircraft if: (a) the aircraft: (i) is unpressurised; and (ii) has an approved passenger seat configuration of less than 10 seats; and (iii) is operating in Australian territory; and (iv) is operating for the sole purpose of carrying people engaged in emergency services work and their essential equipment (including the goods) to a place where they intend to undertake emergency service work, or of recovering them from such a place; and (b) where the aircraft is a helicopter--any static electric charge that it carries is discharged before the people or their equipment are loaded or unloaded; and (c) the goods: (i) are limited to dangerous goods of the following kinds: (A) goods classified in Division 1.4 (certain explosives); (B) gases classified in Division 2.1 or 2.2; (C) flammable liquids (Class 3); (D) goods classified in Division 4.1 (flammable solids); (E) goods classified in Class 9 (miscellaneous dangerous goods); (F) corrosives (Class 8); and (ii) are in a proper condition for carriage by air; and (iii) are not used on the aircraft; and (iv) if classified in Class 3: (A) are packaged in accordance with the Technical Instructions; and (B) are stowed and secured on the aircraft to prevent leakage or damage during the flight; and (d) the aircraft's pilot-in-command is told that the goods are on board, and where they are on the aircraft, and consents to them being carried on the aircraft; and (e) only the aircraft's crew and persons associated with the goods are carried on board the aircraft; and (f) the operator establishes safety and emergency procedures for the carriage of the dangerous goods; and (g) where the flight is being conducted by a commercial operator--the operator has a dangerous goods manual that complies with regulation 92.055, has established safety and emergency procedures for the goods, and that manual or the operator's operations manual contains detailed instructions in relation to those procedures. Note: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.195 Carriage of ammunition by air security officers (1) Regulations 92.020, 92.025 and 92.030 do not apply to the carriage of dangerous goods by an air security officer if: (a) the officer is an officer mentioned in paragraph (a) of the definition of air security officer; and (b) the officer is on duty in an aircraft engaged in regular public transport operations; and (c) the dangerous goods: (i) is an amount of ammunition that is reasonably required in the performance of that duty; and (ii) is issued by the Australian Federal Police to the officer; and (iii) is for use by the officer. (2) Regulations 92.020, 92.025 and 92.030 do not apply to the carriage of dangerous goods by an air security officer if: (a) the officer is an officer mentioned in paragraph (b) of the definition of air security officer; and (b) the officer is on duty in an aircraft engaged in regular public transport operations; and (c) the dangerous goods: (i) is an amount of ammunition that is reasonably required in the performance of that duty; and (ii) is issued by a responsible foreign government to the officer; and (iii) is ammunition of the kind agreed to under an arrangement between the responsible foreign government and the Australian Government; and (iv) is for use by the officer. (3) For subparagraphs (2)(c)(ii) and (iii): " responsible foreign government ", in relation to an air security officer mentioned in paragraph (2)(a), means the foreign government referred to in the definition of air security officer that is a party to an arrangement with the Australian Government in relation to the officer operating. Subpart 92.E --Information to passengers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.200 Information in passenger terminals (1) The owner or operator of an airport terminal must comply with the provisions of the Technical Instructions concerning information that must be given to passengers about the carriage of dangerous goods on aircraft. Penalty: 10 penalty units. (2) The information required by subregulation (1) must at least be given by means of a sufficient number of notices, prominently displayed at each of the places at an airport where tickets are issued, passengers checked in and aircraft boarding areas maintained, and at baggage collection areas. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.205 Information with tickets (1) A person (other than an aircraft operator) who issues a passenger ticket must ensure that the person to whom the ticket is issued is given information about the kinds of dangerous goods that must not be transported on an aircraft. Penalty: 10 penalty units. (2) The information required by subregulation (1) must at least be given by means of information with the ticket and notices, visible to persons to whom tickets are issued, in each place where tickets are issued. Part 99 --Drug and alcohol management plans and testing Table of contents 99.005 Purposes of Part Subpart 99.A -- General 99.010 Definitions for Part 99 99.015 SSAAs to which this Part applies 99.020 Substantial compliance with requirements of Part required Subpart 99.B-- Drug and alcohol management plans Division 99.B.1 -- Purposes of Subpart 99.025 Purposes of Subpart Division 99.B.2 -- Persons required to have a DAMP 99.030 Who must develop and maintain a DAMP 99.035 DAMP must be implemented 99.040 DAMP must be made available to SSAA employees Division 99.B.3 -- Content and implementation of DAMP 99.045 Content of DAMP 99.050 Requirements for drug and alcohol testing 99.055 Requirements relating to DAMP medical review officer 99.060 Requirements relating to use of testing devices 99.065 Requirements relating to SSAA employees ceasing SSAAs 99.070 Requirements relating to returning to SSAAs 99.075 Requirements relating to intervention programs 99.080 Implementing a DAMP Division 99.B.4 -- Review and audit of DAMP 99.085 Review of DAMP by DAMP organisation 99.090 Audit of DAMP organisation by CASA 99.095 CASA may direct changes to DAMP Division 99.B.5 -- Provision of Information 99.100 DAMP organisation or DAMP contractor to provide information 99.105 DAMP record-keeping Subpart 99.C -- Drug and alcohol testing by CASA Division 99.C.1 -- Preliminary 99.110 Purposes of Subpart 99.115 Who may be drug or alcohol tested 99.120 Body samples may only be taken if person consents 99.125 Powers of approved testers 99.130 Approved drug and alcohol testing devices Division 99.C.2 -- Drug testing 99.135 Which body samples may be drug tested 99.140 How samples are taken and tested 99.145 Approved drug testing devices to be used for initial drug tests 99.150 Method for determining sample identifiers 99.155 Taking samples 99.160 Initial drug test 99.165 If initial drug test result is not positive 99.170 If initial drug test result is positive 99.175 Notices of initial drug test 99.180 Dealing with samples for confirmatory drug test 99.185 Transporting samples 99.190 Receipt of samples 99.195 Storage of samples 99.200 Testing Sample A 99.205 Samples to be tested in accordance with National Association of Testing Authorities' accreditation 99.210 Notices of Sample A results 99.215 Donor may request testing of Sample B 99.220 Approved laboratory to keep Sample B 99.225 Notices of Sample B results 99.230 Test results 99.235 Approved laboratory to keep records Division 99.C.3 -- Alcohol testing 99.240 Which body samples may be alcohol tested 99.245 How samples are taken and tested 99.250 Approved breathalysers to be used in alcohol tests 99.255 Alcohol tests 99.260 Test results 99.265 Notice of alcohol test Subpart 99.D -- Evidentiary certificates and prescribed proceedings Division 99.D.1 -- Purposes of Subpart 99.275 Purposes of Subpart Division 99.D.2 -- Evidentiary certificates 99.280 Certificates by approved tester 99.285 Certificates by approved laboratory 99.290 Document taken to be a certificate unless contrary intention established 99.295 Certificate not to be admitted unless copy given 99.300 Person signing the certificate may be called to give evidence 99.305 Rebuttal evidence 99.310 CASA may ask for full certificate Division 99.D.3 -- Prescribed proceedings 99.315 Prescribed proceedings Subpart 99.E -- Offences for Subpart 99.C Division 99.E.1 -- Purposes of Subpart 99.320 Purposes of Subpart Division 99.E.2 -- Offences 99.325 Failing to carry identification whilst undertaking applicable SSAA 99.330 Refusing or failing to give a body sample 99.335 Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample 99.340 Failing to stop performing an applicable SSAA 99.345 Failing to remain in approved tester's presence 99.350 Person must not interfere with integrity of body sample 99.355 Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test 99.360 Continuing to perform applicable SSAA after having confirmatory drug test and before result returned 99.365 Continuing to perform applicable SSAA before confirmatory alcohol test result returned 99.370 Performing applicable SSAA showing positive result for testable drug 99.375 Performing applicable SSAA showing positive result for a confirmatory alcohol test 99.380 Continuing to perform applicable SSAA after having confirmatory drug test 99.385 Continuing to perform applicable SSAA after confirmatory alcohol test Division 99.E.3 -- CASA medical review officers 99.390 CASA medical review officers Subpart 99.F -- Provision of information Division 99.F.1 -- Purposes of Subpart 99.395 Purposes of Subpart Division 99.F.2 -- Information 99.400 Drug or alcohol test information given or required by CASA 99.405 Information that must be given to CASA following drug or alcohol test Subpart 99.G -- CASA's powers in relation to civil aviation authorisations Division 99.G.1 -- Purposes of Subpart 99.410 Purposes of Subpart 99.415 When CASA may vary, suspend or cancel a civil aviation authorisation 99.420 When variation, suspension or cancellation takes effect 99.425 Notice 99.430 Effect of effluxion of time in relation to the suspension of civil aviation authorisation 99.435 Effect of suspension of civil aviation authorisation Subpart 99.H -- Approved testers and authorisations to conduct drug and alcohol tests Division 99.H.1 -- Purposes of Subpart 99.440 Purposes of Subpart Division 99.H.2 -- Approvals and authorisations 99.445 CASA may approve persons to take body samples and conduct tests 99.450 Persons authorised to take body samples and conduct tests Division 99.H.3 -- Obligations on approved testers and protection from liability 99.455 Obligations on approved testers 99.460 Approved testers not liable in certain cases Division 99.H.4 -- Powers of approved testers 99.465 Approved testers' powers to access premises Division 99.H.5 -- Identity cards 99.470 Identity cards 99.475 Return of identity card 99.480 Display and production of identity cards 99.485 Suspension or revocation of authorisation 99.490 Notices Division 99.H.6 -- Notices to approved testers 99.495 Notice to approved testers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.005 Purposes of Part (1) This Part provides for: (a) the development, implementation and enforcement of drug and alcohol management plans covering persons who perform, or are available to perform, an applicable SSAA; and (b) drug and alcohol tests for persons who perform, or are available to perform, an applicable SSAA, including the following: (i) the approval of testers to conduct drug and alcohol tests; (ii) the approval of devices for use in conducting drug and alcohol tests; (iii) identity cards for approved testers; (iv) the conduct of drug and alcohol testing; (v) the variation, suspension and cancelling of civil aviation authorisations and authorisations of approved testers; and (c) offences relating to drug and alcohol management plans and drug and alcohol testing. Note 1: Under this Part, a SSAA employee may be drug or alcohol tested by his or her DAMP organisation or by CASA under Subpart 99.C. Note 2: Under Subpart 99.C, CASA may also test persons who are performing or available to perform an applicable SSAA and who are not covered by a DAMP organisation. (2) Unless otherwise stated, this Part is made for the purposes of Part IV of the Act, particularly sections 34, 35 and 36. Subpart 99.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.010 Definitions for Part 99 (1) In this Part: " accident " means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies: (a) the occurrence results in the death of, or serious harm to, a person; (b) the occurrence results in serious damage to an aircraft or property. " aerodrome testing area " means: (a) any surface in a certified aerodrome or a registered aerodrome over which an aircraft is able to be moved while in contact with the surface of the aerodrome, including any parking areas; and (b) any part of the surface of a certified aerodrome or registered aerodrome: (i) that is not covered by paragraph (a); and (ii) that does not have a building on it; and (iii) from which access to a surface mentioned in paragraph (a) may be had; and (c) a building located on a certified aerodrome or registered aerodrome that is used: (i) for maintenance of an aircraft or an aeronautical product; or (ii) for the manufacture of aircraft or aeronautical products; or (iii) by an air traffic service provider to control air traffic; or (iv) by the holder of an AOC for flying training; or (v) by a Part 141 operator conducting flying training in an aircraft; and (d) any part of an aircraft, aerobridge or other moveable structure in a certified aerodrome or a registered aerodrome. " airport security guard " has the meaning given in section 9 of the Aviation Transport Security Act 2004. " allocated number ", in relation to an approved tester, means the number allocated to the tester under subregulation 99.445(5). " applicable SSAA " means a safety-sensitive aviation activity to which this Part applies under regulation 99.015. " appropriately qualified alcohol and other drug professional " means a person who: (a) materially works as a provider of clinical drug and alcohol treatment services; and (b) holds a bachelor degree, or postgraduate degree, in at least 1 of the following fields: (i) health sciences; (ii) medical science; (iii) social sciences; (iv) behavioural sciences. " approved breathalyser " means a breathalyser approved by CASA under paragraph 99.130(a) for alcohol testing. " approved drug testing device "means a device approved by CASA under paragraph 99.130(b) for testing for testable drugs. " approved laboratory " means a person authorised under subregulation 99.450(3) to conduct confirmatory drug tests for Subpart 99.C. " approved person ", in relation to an approved laboratory, means a person who is authorised under the laboratory's National Association of Testing Authorities accreditation to declare the results of drug tests conducted by that laboratory. " approved tester "means a person who is authorised to: (a) take body samples for drug or alcohol tests under subregulation 99.450(1); and (b) conduct initial drug tests or alcohol tests under subregulation 99.450(2). " ASIC "has the meaning given in the Aviation Transport Security Regulations 2005. " CASA medical review officer " means a medical practitioner who for drug and alcohol testing under Subpart 99.C, and for Subparts 99.E and 99.H has: (a) been appointed by CASA under subregulation 99.390(1) for the purposes of Subpart 99.C; and (b) training and competence in the field of interpreting drug and alcohol test results; and (c) knowledge of substance use disorders; and (d) knowledge of the contents of this Part. " commencement date " means the date on which this Part commences. " comprehensive assessment ", in relation to a person's drug or alcohol use, means an examination of the person's physiological and psychosocial indicators carried out: (a) by a psychiatrist; or (b) by a medical practitioner who is a Fellow of the Australasian Chapter of Addiction Medicine; or (c) jointly by: (i) a person entitled to practice as a medical practitioner under a law of a State or Territory; and (ii) an appropriately qualified drug and alcohol professional. " confirmatory alcohol test "means an alcohol test given in respect of an initial alcohol test to determine the presence and level of alcohol in a body sample. Note: See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act. " confirmatory drug test "means a drug test given in respect of an initial drug test to determine the presence and level of a testable drug in a body sample. Note: See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act. " DAMP or drug and alcohol management plan" means a drug and alcohol management plan that complies, or purports to comply, with the requirements of regulation 99.045. " DAMP contact officer ", in relation to a DAMP organisation, means a person appointed by the DAMP organisation to liaise with CASA in relation to the organisation's responsibilities under this Part. " DAMP contractor " means a person, or the employee of a person, who is: (a) a party to an ongoing written or ongoing oral contract with a DAMP organisation; or (b) a DAMP subcontractor to an ongoing written or ongoing oral contract with a DAMP organisation. " DAMP medical review officer " means a medical practitioner who for drug or alcohol testing under a DAMP has: (a) competence in the field of interpreting drug and alcohol test results; and (b) knowledge of substance use disorders; and (c) knowledge of the contents of this Part. " DAMP organisation " means a person that is required to have a DAMP under subregulation 99.030(1). " DAMP reporting period ," for a DAMP organisation, means the period of 6 months immediately before each: (a) 1 March; and (b) 1 September. " DAMP subcontractor ", means a person who is a party to: (a) an ongoing written or oral contract with a DAMP contractor within the meaning of paragraph (a) of the definition of DAMP contractor; or (b) an ongoing written or oral contract with another DAMP subcontractor (under a previous application of this definition). " DAMP supervisor ", in relation to a DAMP organisation, means a person who: (a) has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and (b) is authorised by the organisation to do so for the purposes of paragraph 99.050(2)(c). " donor "means a person who is asked to give, or has given, a body sample to an approved tester. " drug and alcohol education program ", for a DAMP organisation, means a program that includes the following components: (a) for SSAA employees--awareness of: (i) the organisation's policy on drug and alcohol use; and (ii) drug and alcohol testing in the workplace; and (iii) support and assistance services for people who engage in problematic use of drugs and alcohol; and (iv) information about the potential risks to aviation safety from problematic use of drugs and alcohol; (b) for DAMP supervisors--education and training to manage people who engage in problematic use of drugs or alcohol. " drug or alcohol intervention program ", in relation to a person who has a drug or alcohol problem, means a program that includes any of the following measures for that problem: (a) assessment; (b) treatment, including any of the following: (i) education; (ii) counselling; (iii) consultation with health care professionals; (iv) pharmacotherapy; (v) residential or non-residential treatment programs; (c) monitoring and follow-up action. " employee ", in relation to a DAMP organisation, includes a DAMP contractor of the DAMP organisation. " foreign operator " means: (a) the holder of a foreign aircraft AOC; or (b) the operator of an aircraft operating in Australia in accordance with a permission granted by CASA under section 26 of the Act; or (c) the operator of an aircraft operating under a permission granted under section 27A of the Act; or (d) the holder of a New Zealand AOC with ANZA privileges; or (e) the operator of an aircraft that is operating in Australia in accordance with section 14 of the Air Navigation Act 1920. " initial alcohol test " means an alcohol test to determine the presence of alcohol in a body sample. Note: See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act. " initial drug test " means a drug test to determine the presence of a testable drug in a body sample. Note: See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act. " nominated drug or alcohol intervention program , in relation to a person who has undergone a comprehensive assessment," means a drug or alcohol intervention program considered suitable for the person by: (a) if the person is an employee of a DAMP organisation--a DAMP medical review officer; or (b) in any other case--a CASA medical review officer. " passport " means an Australian passport within the meaning of the Australian Passports Act 2005, or a passport issued by the Government of a country other than Australia. " permitted level " means: (a) for a testable drug--a level of the drug specified in subregulation (2A) for the purposes of this paragraph; and (b) for alcohol--a level of alcohol of less than 0.02 grams of alcohol in 210 litres of breath. " positive result " means the following: (a) for an initial drug test--a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act; (b) for a confirmatory drug test--a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act; (c) for an initial alcohol test-- a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act; (d) for a confirmatory alcohol test-- a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act. " regular SSAA employee " means a SSAA employee who is reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days. " relevant Standard " means: (a) AS 3547, Breath alcohol testing devices for personal use; and (b) NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers; and (c) AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid; and (d) AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine. " sample identifier " means a number allocated to a body sample using the method specified in a legislative instrument made by CASA under regulation 99.150. " screening officer " has the meaning given in the Aviation Transport Security Act 2004. " serious incident " means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies: (a) the occurrence gives rise to a danger of death or serious harm to a person; (b) the occurrence gives rise to a danger of serious damage to an aircraft or property. " SSAA " means a safety-sensitive aviation activity. " SSAA employee ", in relation to a DAMP organisation, means an employee of the DAMP organisation who performs or is available to perform an applicable SSAA. " substantial compliance ", in relation to a drug or alcohol test, has the meaning given in subregulation 99.020(2). " suitable test conditions " has the meaning given by subregulation (3). Note 1: A number of other expressions used in this Part have the meanings given in the Act. For example: * aeronautical product * AOC * body sample * civil aviation authorisation * drug or alcohol test * foreign aircraft AOC * New Zealand AOC with ANZA privileges * positive test result * safety-sensitive aviation activities * testable drug. Note 2: Testable drugs are specified in a legislative instrument made by the Minister under subsection 33(2) of the Act. References to Standards and reports (2) In this Part: " AS "followed by a number is a reference to the Australian Standard so numbered or identified, as in force or existing from time to time, published by Standards Australia. " AS/NZS "followed by a number is a reference to the Australian/New Zealand Standard so numbered or identified, as in force or existing from time to time, published jointly by Standards Australia and Standards New Zealand. " NMI R " followed by a number is a reference to the report so numbered or identified, as in force or existing from time to time, published in that year by the National Measurement Institute, Department of Innovation, Industry, Science and Research. Permitted level (2A) For paragraph (a) of the definition of permitted level, the permitted level for each testable drug is specified in the following table. Testable Drug Concentration - ng/mL Δ9-tetrahydrocannabinol 10 6-Acetyl morphine 10 Amphetamine 25 Benzoylecgonine 25 Cocaine 25 Codeine 25 Ecgonine methyl ester 25 Methylamphetamine 25 Methylenedioxyamphetamine 25 Methylenedioxymethylamphetamine 25 Morphine 25 Suitable test conditions (3) Suitable test conditions means conditions that exist after an accident or serious incident if: (a) testing can be conducted within: (i) for drug testing--32 hours after the accident or incident occurred; and (ii) for alcohol testing--8 hours after the accident or incident occurred; and (b) it is practicable to conduct a test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.015 SSAAs to which this Part applies (1) This Part applies to the SSAAs specified in this regulation. (2) The specified SSAAs are: (a) any activity undertaken by a person, other than as a passenger, in an aerodrome testing area; and (b) calculation of the position of freight, baggage, passengers and fuel on aircraft; and (c) the manufacture or maintenance of any of the following: (i) aircraft; (ii) aeronautical products; (iii) aviation radionavigation products; (iv) aviation telecommunication products; and (d) the certification of maintenance of a kind mentioned in paragraph (c); and (da) the issuing of a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product; and (e) the fuelling and maintenance of vehicles that will be used to fuel aircraft on aerodrome testing areas; and (f) activities undertaken by an airport security guard or a screening officer in the course of the person's duties as a guard or officer; and (g) activities undertaken by a member of the crew of an aircraft in the course of the person's duties as a crew member; and (h) the loading and unloading of trolleys containing baggage for loading onto aircraft and the driving of such trolleys; and (i) activities undertaken by a holder of an air traffic controller licence in the course of the person's duties as a controller; and (j) activities undertaken by the supervisor of a holder of an air traffic controller licence in the course of the person's duties as such a supervisor; and (k) providing flight information and search and rescue alert services: (i) to a pilot or operator of an aircraft immediately before the flight of the aircraft; or (ii) to a pilot or operator of an aircraft, during the flight of the aircraft; or (iii) as an intermediary for communications between a pilot or operator of the aircraft, and an air traffic controller; and (l) providing aviation fire fighting services. (3) This Part applies to the safety-sensitive aviation activities specified in paragraphs (2)(b) to (l) even if those activities do not occur in an aerodrome testing area. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.020 Substantial compliance with requirements of Part required (1) A reference in this Part, other than in Subpart 99.B, to a test result for a drug or alcohol test is a reference to a test result that resulted from strict or substantial compliance with the requirements of this Part, including the following: (a) requirements relating to the taking of a body sample for the test; (b) requirements relating to the dealing with the body sample by the approved tester who took the sample; (c) requirements relating to the storage of the body sample (if applicable); (d) requirements relating to the conduct of the drug or alcohol test; (e) requirements relating to the giving of notice in respect of a positive result; (f) a requirement that a person must not interfere with the integrity of a body sample. (2) For subregulation (1), there is taken to be substantial compliance with the requirements of this Part in relation to a drug or alcohol test that results in a test result if there is no reasonable doubt as to the accuracy of the test result even though one or more of the requirements of this Part may not have been strictly complied with in relation to that drug or alcohol test. Example: If an approved tester fails to initial a specimen tube containing a part of a body sample that is to be the subject of a confirmatory drug test, the test result is likely to be one that resulted from substantial compliance with the requirements of this Part as there will be no reasonable doubt as to the accuracy of the test result. However, if a person interferes with the integrity of a body sample, the test result for that sample is unlikely to be one that resulted from substantial compliance with the requirements of this Part as there will be a reasonable doubt as to the accuracy of the test result. (3) In this regulation, the requirements of this Part include the following: (a) the requirements of any legislative instruments made under this Part; (b) a relevant Standard. Subpart 99.B --Drug and alcohol management plans CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.025 Purposes of Subpart This Subpart provides for the following: (a) the persons required to have a DAMP; (b) the matters required to be included in a DAMP; (c) the implementation of a DAMP; (d) requirements associated with a DAMP; (e) offences relating to a DAMP. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.030 Who must develop and maintain a DAMP (1) An organisation must develop a DAMP that complies with regulation 99.045 if: (a) the organisation: (i) has an employee; or (ii) has a contractor (including the employee of, or a subcontractor for, the contractor); who performs or is available to perform a SSAA; and (b) the organisation is listed in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the organisations are as follows: (a) an AOC holder; (b) a person issued with a production certificate under regulation 21.134; (c) the holder of an aerodrome certificate granted under regulation 139.050; (d) a person approved as an ARFFS under Division 139.H.5; (e) an ATS training provider within the meaning of Part 143; (f) an ATS provider within the meaning of Part 172; (g) the provider of any of the following services within the meaning of Part 171: (i) a telecommunication service; (ii) a radionavigation service; (h) the operator of a registered aerodrome under regulation 139.265; (i) the holder of a certificate of approval within the meaning of subregulation 2(1) of CAR; (j) a Part 145 organisation; (k) a Part 141 operator conducting flying training in aircraft; (l) a screening authority within the meaning of the Aviation Transport Security Regulations 2005. (3) The DAMP must be developed within the time required for implementation of a DAMP under subregulation 99.035(2). Penalty: 50 penalty units. (4) A person who, under subregulation (1), is required to develop a DAMP must continue to have a DAMP that complies with regulation 99.045 for the period the person has SSAA employees performing an applicable SSAA or available to perform an applicable SSAA. Penalty: 50 penalty units. (5) An offence against subregulation (1), (3) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.035 DAMP must be implemented (1) A person who is required to develop a DAMP must implement a DAMP by: (a) giving effect to regulation 99.080; and (b) making the DAMP available to the person's SSAA employees as required by this Subpart. Timeframe and implementation (2) The DAMP must be implemented: (a) if the person: (i) is a DAMP organisation on the commencement date; or (ii) becomes a DAMP organisation within the period of 6 months after the commencement date (the transition period); by the end of the transition period; or (b) if the person becomes a DAMP organisation after the end of the transition period--immediately upon becoming a DAMP organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.040 DAMP must be made available to SSAA employees (1) Subject to subregulation (2), a DAMP organisation must ensure that its DAMP is made available to each of its SSAA employees before the employee begins to perform or becomes available to perform an applicable SSAA. Penalty: 50 penalty units. (2) If a person is a SSAA employee of a DAMP organisation on the day the organisation implements its DAMP, the organisation must make the DAMP available to the employee by the end of the day the employee next performs or is available to perform an applicable SSAA for the DAMP organisation. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.045 Content of DAMP A DAMP organisation's DAMP must: (a) apply to all SSAA employees of the organisation, and state each category of the organisation's SSAA employees covered by the DAMP; and (b) include the following: (i) a drug and alcohol education program; (ii) a drug and alcohol testing program, that meets the requirements specified in regulations 99.050, 99.055 and 99.060; (iii) a drug and alcohol response program that meets the requirements specified in regulations 99.065, 99.070 and 99.075; and set out details of those programs; and (c) identify, and provide the contact details for, each person in the DAMP organisation who has any of the following roles: (i) DAMP contact officer; (ii) DAMP supervisor; and (d) be implemented as required by regulation 99.080 and set out the details of those requirements. Note: A drug and alcohol education program includes the matters set out in the definition of drug and alcohol education program in subregulation 99.010(1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.050 Requirements for drug and alcohol testing (1) For subparagraph 99.045(b)(ii), the DAMP must meet the following requirements: (a) that any testing done under the organisation's DAMP will be conducted as follows: (i) for breath alcohol testing--using a device that meets the Standard mentioned in paragraph (a) of the definition of relevant Standard, or a device that meets the Standard mentioned in paragraph (b) of that definition; (ii) for oral fluid testing--in accordance with the Standard mentioned in paragraph (c) of the definition of relevant Standard; (iii) for urine testing--in accordance with the Standard mentioned in paragraph (d) of the definition of relevant Standard; (b) that drug and alcohol testing of SSAA employees under the DAMP will be conducted in the circumstances set out in subregulation (2). (2) For paragraph (1)(b), the circumstances in which drug and alcohol testing will be conducted on SSAA employees are as follows: (a) when a person first joins the DAMP organisation, if the person will be working as a regular SSAA employee, or when an employee whose role in the organisation is to change to that of a regular SSAA employee on or after the commencement date, unless: (i) the employee has been drug and alcohol tested; and (ii) the tests were conducted less than 90 days before the employee is required to begin performing or being available to perform an applicable SSAA; and (iii) each of the test results was not a positive result; (b) after an accident or serious incident involving a SSAA employee that occurs while he or she is performing, or available to perform, an applicable SSAA, if suitable test conditions exist; (c) if a DAMP supervisor has reasonable grounds to believe that a SSAA employee may be adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA; (d) if a SSAA employee is returning to work after a period during which the employee was not permitted, under paragraph 99.065(1)(c), (d) or (e), to perform or be available to perform an applicable SSAA because of testable drug use. Drug test results under DAMP (3) A positive result for a confirmatory drug test conducted on a body sample under a drug and alcohol testing program mentioned in subparagraph 99.045(b)(ii), is taken not to be a positive result for the sample if a DAMP medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.055 Requirements relating to DAMP medical review officer For subparagraph 99.045(b)(ii), the DAMP must include the requirement that the DAMP organisation must consult a DAMP medical review officer: (a) if a drug test conducted under the DAMP returns a confirmatory drug test result for a SSAA employee of the organisation that is a positive result--to determine if the presence and level of a testable drug detected by the test could be the result of legitimate therapeutic treatment or some other innocuous source; and (b) to review medical information concerning a person's failure to give a body sample for drug or alcohol testing because of a medical condition; and (c) to determine if the employee is fit to resume performing or being available to perform a SSAA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.060 Requirements relating to use of testing devices For subparagraph 99.045(b)(ii), the DAMP must include the requirement that any devices used in drug or alcohol testing done under the DAMP must be used in a way that is not inconsistent with the instructions of the manufacturer of those devices. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.065 Requirements relating to SSAA employees ceasing SSAAs (1) For subparagraph 99.045(b)(iii), the DAMP must include the requirement that the DAMP organisation must not permit an employee to perform, or be available to perform, an applicable SSAA in any of the following circumstances: (a) if the organisation is aware that a positive result for an initial drug test has been recorded for the employee and the employee has not, in respect of that test result, recorded a test result for a confirmatory drug test that is not a positive result; (b) if the organisation is aware that a positive result for an initial alcohol test has been recorded for the employee and the employee has not, in respect of that test result, recorded a test result for a confirmatory alcohol test that is not a positive result; (c) if the organisation is aware that: (i) a positive result for a confirmatory drug test or a confirmatory alcohol test conducted under a drug and alcohol testing program mentioned in subparagraph 99.045(b)(ii) has been recorded for the employee; and (ii) a DAMP medical review officer has not determined that the result recorded could be as a result of legitimate therapeutic treatment or some other innocuous source; (d) if the organisation is aware that: (i) a positive result for a confirmatory drug test or a confirmatory alcohol test conducted under Subpart 99.C has been recorded for the employee; and (ii) a CASA medical review officer has not determined that the result recorded could be as a result of legitimate therapeutic treatment or some other innocuous source; (e) if the organisation is aware that a SSAA employee after having been required to take a drug or alcohol test: (i) refused to take the test; or (ii) interfered with the integrity of the test. (2) For subparagraph 99.045(b)(iii), a DAMP must include the requirement that the DAMP organisation must not permit a SSAA employee to perform or be available to perform an applicable SSAA in the following circumstances: (a) if a DAMP supervisor suspects the employee's faculties may be impaired due to the person being under the influence of a testable drug or of alcohol; (b) if an accident or serious incident has occurred involving the employee while he or she is performing or available to perform an applicable SSAA and either of the following apply: (i) for the period that suitable test conditions exist for conducting drug or alcohol tests on the employee--a test has not been conducted; (ii) if tests have been conducted under suitable test conditions--the DAMP organisation has not been notified of the test results. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.070 Requirements relating to returning to SSAAs (1) For subparagraph 99.045(b)(iii), the DAMP must include the requirement that if: (a) the DAMP organisation has not permitted a SSAA employee to perform, or be available to perform, an applicable SSAA; and (b) the non-performance is a result of a circumstance mentioned in paragraph 99.065(1)(c), (d) or (e) (a suspension event), the organisation must only permit the employee to again begin performing or being available to perform an applicable SSAA if the circumstances set out in subregulation (2) apply. (2) For subregulation (1), the circumstances that must apply are as follows: (a) the employee has undergone a comprehensive assessment for drug or alcohol use; (b) if the comprehensive assessment recommended the employee commence a drug or alcohol intervention program--the employee has begun participating in a nominated drug or alcohol intervention program; (c) the employee is considered fit to resume performing, or being available to perform, an applicable SSAA by: (i) a DAMP medical review officer; and (ii) the employee's treating clinician, if any; (d) if the suspension event related to a drug test--at the time the employee was considered fit under paragraph (c), the employee receives a confirmatory drug test and records, for the test, a result that: (i) was not a positive result; and (ii) a DAMP medical review officer is satisfied indicates the absence of testable drug use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.075 Requirements relating to intervention programs (1) Subject to subregulation (2), for subparagraph 99.045(b)(iii) the DAMP must include the requirement that a DAMP organisation must permit a SSAA employee of the organisation time to attend a nominated drug or alcohol intervention program, if: (a) a DAMP medical review officer has advised the DAMP organisation that the employee should attend the program; and (b) the employee is returning to work after a period during which the employee was not permitted, under regulation 99.340 or 99.345, to perform or be available to perform an applicable SSAA because of testable drug use or alcohol use. (2) A reference to a SSAA employee in the requirement under subregulation (1) is a reference to a SSAA employee that the DAMP organisation intends to allow to continue to perform or be available to perform a SSAA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.080 Implementing a DAMP (1) For paragraph 99.045(d), the DAMP organisation, in implementing its DAMP, must ensure the following: (a) that the organisation's SSAA employees and DAMP supervisors attend the organisation's drug and alcohol education program: (i) for persons who begin work for the organisation after the commencement date--before commencing duties as a SSAA employee or DAMP supervisor; or (ii) for persons working for the organisation as SSAA employees or DAMP supervisors on or before the commencement date--within 6 months of the commencement date; or (iii) for persons working for the organisation as SSAA employees or DAMP supervisors who, after the commencement date, have attended the program--within 30 months of the person's last attendance at the program; (b) that each SSAA employee of the DAMP organisation is informed that he or she must not perform, or be available to perform, an applicable SSAA if aware that he or she is adversely affected by a testable drug or by alcohol, until the employee is no longer adversely affected; (c) that each SSAA employee of the DAMP organisation is subject to drug and alcohol testing under the DAMP while performing, or available to perform, a SSAA of the DAMP organisation. (2) The DAMP organisation must also do the following: (a) encourage each of the organisation's SSAA employees to disclose if he or she has consumed a level of alcohol, or is taking any drug, that may affect his or her ability to carry out an applicable SSAA; (b) inform each SSAA employee of the organisation that drug and alcohol testing under this Subpart will require a person who is to be tested to provide a body sample; (c) record the policy and procedures of the organisation's DAMP using a controlled document protocol. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.085 Review of DAMP by DAMP organisation (1) A DAMP organisation must review its DAMP to ensure compliance with the requirements of this Subpart: (a) every 5 years, beginning on the date on which the DAMP was developed; and (b) at any other time CASA directs. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.090 Audit of DAMP organisation by CASA (1) CASA may audit the operation of a DAMP organisation to ensure appropriate development, implementation and enforcement of a DAMP. (2) For the audit, CASA may require the DAMP organisation to provide to CASA: (a) information and records, as specified by CASA, demonstrating that the organisation has: (i) developed a DAMP; and (ii) implemented the DAMP; and (b) a copy of the DAMP that is being implemented; and (c) any other information and records specified by CASA that are relevant to the audit. (3) The DAMP organisation must comply with the requirement. Penalty: 50 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.095 CASA may direct changes to DAMP (1) CASA may at any time, for the purpose of ensuring compliance by a DAMP organisation with the requirements of regulation 99.045, direct the organisation to do any of the following: (a) make a change specified by CASA to a provision in the organisation's DAMP; (b) prepare a new DAMP that complies with the requirements of this Subpart; (c) submit any proposed changes to the organisation's DAMP or submit a newly prepared DAMP, as the case may be, to CASA. (2) The DAMP organisation must comply with the direction. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.100 DAMP organisation or DAMP contractor to provide information Information to be provided to CASA (1) A DAMP organisation that has implemented a DAMP must provide the following information to CASA in respect of each DAMP reporting period, or part of a reporting period, during which the DAMP was implemented: (a) the number of the organisation's employees who performed an applicable SSAA at least 2 or more times in the 90 days preceding the end of the reporting period; (b) the number of the organisation's SSAA employees who attended a drug and alcohol education program during the period, including the number of employees who attended such a program: (i) for the first time; and (ii) for a second or subsequent time; (c) the number and type of drug or alcohol tests undergone by SSAA employees under the DAMP during the period; (d) the results of the tests, including the number of positive test results that a DAMP medical review officer has determined could be as a result of legitimate therapeutic treatment or some other innocuous source; (e) the date and time that the tests under the DAMP were conducted; (f) the role that each SSAA employee tested was undertaking at the time of being tested; (g) the applicable SSAA that each SSAA employee tested was performing or available to perform at the time that he or she was tested; (h) if testing was conducted following an accident or serious incident--information about the date, time and location of: (i) the accident or serious incident; and (ii) the testing conducted following the accident or serious incident; (i) follow-up action taken by the organisation under the DAMP in respect of SSAA employees: (i) who were drug or alcohol tested under this Subpart; and (ii) whose test results were positive results; (j) follow-up action taken by the organisation under the DAMP in respect of any SSAA employees: (i) who were tested under Subpart 99.C; and (ii) whose test results were positive results; (k) follow-up action taken by the organisation under the DAMP in respect of any SSAA employees who refused to take a drug or alcohol test, or interfered with the integrity of a drug or alcohol test, under this Subpart or Subpart 99.C; (l) the number of SSAA employees referred to a nominated drug or alcohol intervention program; (m) any other information relating to the implementation of a DAMP, or a drug or alcohol test under this Part, that CASA requests of the organisation in writing. Penalty: 50 penalty units. (2) The information must be given in writing within 21 days after the end of the reporting period to which it relates. (3) The information must not include any information, other than that listed in subregulation (1), in respect of a SSAA employee that might identify the employee. Penalty: 50 penalty units. (4) A DAMP organisation that has implemented a DAMP must provide the name and contact details of the organisation's current DAMP contact officer to CASA. Penalty: 50 penalty units. Information to approved testers (5) If a DAMP organisation or a DAMP contractor is required to provide information by an approved tester in the circumstances specified in paragraph 99.125(2)(b), the organisation or contractor must comply with the requirement within 1 hour of being given notification by the tester of the requirement. Penalty: 50 penalty units. (6) An offence against subregulation (1), (3), (4) or (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.105 DAMP record-keeping (1) A DAMP organisation must keep the records used to provide information to CASA under regulation 99.100 for 5 years from the date the information was provided to CASA. Penalty: 50 penalty units. (2) The records must be kept in a secure location. Penalty: 50 penalty units. (3) Within 6 months after the end of the 5 year period, the organisation must destroy or delete: (i) the records; or (ii) the parts of the records that relate to the results of drug or alcohol testing. (4) An offence against subregulation (1) or (2) is an offence of strict liability. Subpart 99.C --Drug and alcohol testing by CASA CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.110 Purposes of Subpart (1) This Subpart provides for drug and alcohol testing by CASA. (2) The Subpart sets out the following matters: (a) who may be tested (Subdivision 99.C.1.1); (b) certain powers of approved testers (Subdivision 99.C.1.2); (c) approved drug testing devices and breathalysers (Subdivision 99.C.1.3); (d) the conduct of initial drug tests and confirmatory drug tests (Division 99.C.2); (e) the conduct of initial alcohol tests and confirmatory alcohol tests (Division 99.C.3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.115 Who may be drug or alcohol tested (1) An approved tester may require a body sample for the purposes of a drug or alcohol test under this Subpart from a person who is performing or available to perform an applicable SSAA. (2) However, an approved tester must not, for drug or alcohol testing under this Subpart, require a body sample from a passenger. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.120 Body samples may only be taken if person consents An approved tester is not authorised to use force to take a body sample from a person. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.125 Powers of approved testers (1) In addition to any other powers set out in this Part, an approved tester has the powers specified in subregulation (2) in respect of taking a body sample from a donor for the following purposes: (a) conducting an initial drug test; (b) conducting an initial alcohol test or a confirmatory alcohol test (an alcohol test). (2) For subregulation (1), the powers are the following: (a) the approved tester may require the donor to: (i) produce identification of the kind mentioned in subregulation (3) to the tester; and (ii) inform the tester of the donor's date of birth, address and telephone number; (b) the tester may require from the donor's employer the donor's name, date of birth, address and telephone number if: (i) on being required to produce identification, the donor is unable to produce identification of a kind set out in subregulation (3) to the tester; and (ii) the donor's employer is a DAMP organisation or a DAMP contractor; (c) the tester may require the donor to give a body sample for the drug or alcohol test; (d) the tester may require the donor to stop performing, or stop being available to perform, an applicable SSAA, for the time it takes to take a body sample for testing and to conduct an initial drug test or alcohol test on the sample; (e) the tester may require the donor to remain in the tester's presence for the time it takes to take a body sample and conduct an initial drug test or alcohol test on the sample. Note: An approved tester may also ask for a body sample for a confirmatory drug test--see regulation 99.170. (3) For subregulation (2), the kinds of identification are: (a) identification that: (i) contains a photograph of the donor and sets out the donor's name, date of birth and address; and (ii) was issued by a Commonwealth, State, Territory or local government body; or (b) identification that is issued by a DAMP organisation that contains a photograph of the donor and the donor's name; or (c) an ASIC; or (d) a passport. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.130 Approved drug and alcohol testing devices For drug and alcohol testing under this Subpart, CASA may by legislative instrument approve the following: (a) breathalysers for use in alcohol testing; (b) drug testing devices for use in initial drug testing. Note: All approved breathalysers may be used for an initial alcohol test. Only some approved breathalysers may be used for a confirmatory alcohol test--see regulation 99.250. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.135 Which body samples may be drug tested An approved tester may only take a sample of a person's oral fluid for drug testing under this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.140 How samples are taken and tested An approved tester must take and prepare a body sample for drug testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.145 Approved drug testing devices to be used for initial drug tests (1) If an approved tester is conducting an initial drug test under this Subpart, the tester must use an approved drug testing device to do the test. (2) The approved tester must ensure that the device is stored, tested, maintained and operated in accordance with the legislative instrument made by CASA for the purposes of this subregulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.150 Method for determining sample identifiers CASA must by legislative instrument specify a method for determining sample identifiers that are to be allocated to body samples that approved testers take under this Subpart and send for confirmatory drug tests. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.155 Taking samples (1) For the purposes of obtaining a body sample for drug testing, an approved tester may require a donor to do any or all of the following: (a) swallow or otherwise remove substances from his or her mouth; (b) demonstrate to the tester that the donor's mouth is free from foreign substances; (c) in the tester's presence, rehydrate by drinking up to 300 ml of water within 15 minutes of being required to do so by the tester. (2) If the approved tester has required the donor to drink water, the tester: (a) must not take the body sample sooner than the period of 10 minutes after the donor finishes drinking; and (b) must take the body sample as soon as practicable after the end of the period referred to in paragraph (a). (3) For the purposes of obtaining the body sample, the approved tester may require the donor to: (a) abstain from smoking, eating, drinking or chewing for 10 minutes prior to the taking of sample; and (b) remain in the tester's presence for that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.160 Initial drug test As soon as practicable after the approved tester has taken a body sample from a donor for a drug test, the tester must conduct an initial drug test on the sample. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.165 If initial drug test result is not positive If the result of an initial drug test is not a positive result, the approved tester must, as soon as practicable after the result is returned: (a) discard the body sample, or deal with the body sample in such a way that the sample cannot be identified as being given by the donor of it; and (b) tell the donor the approved tester's name and allocated number, if requested by the donor. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.170 If initial drug test result is positive Further body sample may be taken (1) If the result of an initial drug test is a positive result, the approved tester may take a further body sample from the donor for a confirmatory drug test. (2) The further body sample, if any, must be taken as soon as practicable after the initial body sample was taken. (3) The approved tester may send either the initial body sample or the further body sample for a confirmatory drug test. (4) The approved tester must: (a) inform the donor which body sample will be used for the confirmatory drug test; and (b) discard the body sample that is not being used. Notice to be given (5) If the result of an initial drug test is a positive result, the approved tester must, as soon as practicable: (a) give the donor a notice that includes the information specified in subregulation 99.175(1) in respect of the test; and (b) give the approved laboratory to whom the body sample will be sent for a confirmatory drug test a notice that includes the information specified in subregulation 99.175(3); and (c) give CASA a notice that includes the information given to: (i) the donor under the notice given under paragraph (a); and (ii) the laboratory under paragraph (b). (6) The notice to the approved laboratory under paragraph (5)(b) must accompany the body sample to the laboratory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.175 Notices of initial drug test Notice to donor (1) The notice given to the donor under paragraph 99.170(5)(a) must contain the following: (a) the donor's name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor's DAMP organisation (if any) or a DAMP contractor; (b) the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for a drug test; (c) the applicable SSAA that the donor was performing or available to perform at the time the donor was tested; (d) the date, time and location of the place that an initial drug test was conducted on the donor's body sample; (e) the test result for the initial drug test; (f) the initials of the tester and his or her allocated number; (g) the details of any photographic identification provided by the donor; (h) the make, model and serial number of the approved drug testing device used to conduct the initial drug test; (i) the sample identifier allocated to the body sample taken for a confirmatory drug test by the approved tester (see paragraph 99.180(1)(a)); (j) a certification by the tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made by CASA under regulation 99.140; (k) a certification by the tester about whether the device has been stored, tested, maintained and operated in accordance with the legislative instrument made by CASA under subregulation 99.145(2). Note: Subregulation 99.180(7) may also require the notice to contain certain things. Notice to approved laboratory (3) For paragraph 99.170(5)(b), the notice must contain the following: (a) the sample identifier allocated to the body sample by the approved tester; (b) the date time that the body sample was given; (c) the results of the initial drug test; (d) the list of testable drugs that the tester wants the approved laboratory to test for in the confirmatory drug test; (e) the name of the approved tester. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.180 Dealing with samples for confirmatory drug test (1) If the result of an initial drug test is a positive result, as soon as practicable after the result is known, the approved tester must: (a) allocate to the body sample a sample identifier; and (b) divide the body sample into approximately equal lots to be known as Sample A and Sample B; and (c) place Sample A and Sample B into separate specimen tubes; and (d) place both tubes into a single container. (2) In allocating the sample identifier under paragraph (1)(a), the approved tester must use the method specified in a legislative instrument made by CASA under regulation 99.150. (3) The amount of body sample in Sample A and Sample B must be sufficient for a confirmatory drug test to be conducted. (4) Immediately before the body sample is placed in them, the tubes must: (a) be in the packages provided by the manufacturer; and (b) not have been used for any purpose; and (c) be in such a condition that they do not affect the quality of the body sample taken. (5) As soon as practicable after placing Sample A and Sample B into separate specimen tubes, the approved tester must: (a) securely seal each tube with tamper-evident seals; and (b) label each tube with the following information: (i) the tester's initials; (ii) the sample identifier for the body sample; (iii) information about whether the tube contains Sample A or Sample B. (6) The approved tester must ask the donor to: (a) witness the tester's actions under this regulation in respect of the body sample; and (b) initial the tamper-evident seals on the tubes; and (c) sign the notice given to the donor under regulation 99.175. (7) If the donor refuses a request made by the approved tester under subregulation (6), the tester must, in the notice given under paragraph 99.170(5)(a), set out that fact. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.185 Transporting samples (1) As soon as practicable after placing a body sample into specimen tubes, the approved tester must cause the tubes to be sent to an approved laboratory for confirmatory drug testing. (2) The approved tester must send the specimen tubes in a way that results in the tubes arriving at the approved laboratory as soon as practicable after the tester places the body sample into the tubes. Note: Under subregulation 99.170(6), a notice from the approved tester must accompany the samples to the approved laboratory. (3) The specimen tubes must be stored prior to transport and transported in such a way that the integrity of the body sample is preserved. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.190 Receipt of samples (1) If an approved laboratory receives a body sample divided into Sample A and Sample B for a confirmatory drug test, the laboratory must, as soon as practicable after receiving the specimen tubes: (a) inspect each tube for damage; and (b) check that the seals on the tubes are intact. (2) If a seal on a specimen tube is not intact, or a specimen tube is damaged in such a way that the integrity of the body sample may have been compromised, the laboratory must: (a) not test the part of the body sample contained in the tube; and (b) discard the contents of the tube. (3) If the laboratory discards the contents of both of the specimen tubes, as soon as practicable after the day the laboratory received the tubes, the laboratory must send to CASA a dated, written notice that includes the following information: (a) the date and time of receipt of the body sample at the laboratory; (b) the sample identifier for the body sample; (c) a statement about why both tubes were discarded. (4) As soon as practicable after CASA receives the notice from the laboratory, CASA must give a written a notice to the donor that includes the following: (a) the sample identifier for the body sample; (b) a statement: (i) that neither Sample A nor Sample B could be tested because the integrity of the body samples had been compromised; and (ii) that both Sample A and Sample B were discarded by the laboratory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.195 Storage of samples If neither Sample A nor Sample B is discarded (1) Subregulations (2), (3) and (4) apply if: (a) an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and (b) neither Sample A nor Sample B is discarded under subregulation 99.190(2) or (3). (2) Sample A and Sample B must be stored in a secured refrigeration unit until Sample A is tested. (3) If the test result for the confirmatory drug test on Sample A is a positive result, Sample B must be: (a) stored in a secure freezer; and (b) kept for 100 days from the date of the positive result and then discarded. (4) If the test result for Sample A is not a positive result, Sample B must be discarded. If one of the specimen tubes is discarded (5) If: (a) an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and (b) either Sample A or Sample B is discarded under subregulation 99.190(2); then the remaining specimen tube must be stored in a secured refrigeration unit until it is tested. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.200 Testing Sample A (1) An approved laboratory must test Sample A of a body sample it receives for confirmatory drug testing if the laboratory is satisfied that Sample A retains its integrity. (2) If the integrity of Sample A of a body sample may have been compromised, or the Sample A is for some reason unavailable for confirmatory drug testing, the approved laboratory must deal with Sample B of the body sample as if it were Sample A. (3) These Regulations apply to the Sample B accordingly. (4) If Sample B of the body sample is to be dealt with as if it were Sample A, Sample B is to be known as Sample A from the time that Sample B, under this regulation, is required to be dealt with as Sample A. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.205 Samples to be tested in accordance with National Association of Testing Authorities' accreditation An approved laboratory must test body samples received under this Subpart in accordance with the laboratory's accreditation by the National Association of Testing Authorities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.210 Notices of Sample A results Laboratory to CASA (1) As soon as practicable after a confirmatory test is conducted on Sample A of a body sample by an approved laboratory, the laboratory must send to CASA a dated, written notice that includes the following: (a) the date and time of receipt of the body sample at the laboratory; (b) the sample identifier for the body sample; (c) a statement as to whether the tamper-evident seals on the specimen tubes containing the body sample were intact on receipt by the laboratory; (d) the list of testable drugs that the approved tester of the initial drug test asked to be tested; (e) the date and time that Sample A was tested; (f) the method used for the testing; (g) the target concentrations of the testing; (h) the result of the test; (i) a statement about whether the body sample has been tested in accordance with these Regulations, and any conditions attached to the laboratory's National Association of Testing Authorities accreditation; (j) the name of the person who declared the results of the test. (2) The notice must be signed by the laboratory's approved person. CASA to donor--oral notice (3) As soon as practicable after CASA receives the notice from the laboratory, CASA must give oral notice to the donor of the body sample of the confirmatory test result on Sample A. CASA to donor--written notice (4) As soon as practicable after CASA gives the oral notice, CASA must give a written notice to the donor that includes the following: (a) the sample identifier for Sample A and Sample B; (b) the list of testable drugs that were tested for; (c) a statement as to whether the tamper-evident seals on the specimen tubes containing the body sample were intact on receipt by the approved laboratory that tested them; (d) the date and time that Sample A was tested; (e) the method used for the testing; (f) the target concentrations of the testing; (g) the result of the test; (h) a statement about whether the body sample has been tested in accordance with these Regulations and any conditions attached to the laboratory's National Association of Testing Authorities accreditation; (i) if the result of the test is a positive result: (i) information about the donor's rights to have Sample B tested; and (ii) information about how the donor gets Sample B tested and the costs associated with that testing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.215 Donor may request testing of Sample B (1) If the test result for Sample A of a body sample is a positive result, the donor of the body sample may apply to CASA to either: (a) have conducted on Sample B of the body sample a further confirmatory drug test by the approved laboratory (the original laboratory) that tested Sample A; or (b) have Sample B transferred to another approved laboratory (the second laboratory) for a further confirmatory drug test. Note: If the integrity of either Sample A or Sample B of a body sample has been compromised, the compromised specimen tube will have been discarded. There will not be a Sample B to be tested because, under regulation 99.200, Sample B will become known as Sample A. (2) The application must be made within 90 days of the date of the written notice of the test result for the confirmatory drug test on Sample A being given to the donor. (3) The donor is liable to pay the costs of testing Sample B and any transportation costs associated with transporting Sample B to the second laboratory (if any). Original laboratory to test Sample B (4) If the original laboratory is advised by CASA to test Sample B, it must do so. Second laboratory to test Sample B (5) If the original laboratory is notified by CASA to transport Sample B to a specified second laboratory for testing, the original laboratory must package and transport Sample B as provided for in regulation 99.185 as if the original laboratory were the approved tester for the body sample. (6) The original laboratory must send the specimen tube in a way that results in the tube arriving at the approved laboratory as soon as practicable. (7) The specimen tubes must be stored prior to transport and transported in such a way that the integrity of the body sample is preserved. (8) CASA must notify the second laboratory of the matters specified in subregulation 99.175(3) in respect of Sample B. (9) On receipt of Sample B, the second laboratory must: (a) test the sample in accordance with the notice; and (b) deal with the sample as if it were the original laboratory and these Regulations apply to that second laboratory accordingly. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.220 Approved laboratory to keep Sample B (1) This regulation applies if: (a) an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and (b) the test result for the confirmatory drug test on Sample A is a positive result; and (c) there is a Sample B remaining after Sample A is tested. (2) The approved laboratory must keep Sample B for the 100-day period specified in paragraph 99.195(3)(b), unless the donor: (a) applies to CASA to have a confirmatory drug test conducted on Sample B; and (b) applies within 90 days of the date of the written notice of the test result for the confirmatory drug test on Sample A being given to the donor. (3) If the donor does not apply to CASA within the 90-day period mentioned in subregulation (2), the approved laboratory must discard Sample B at the end of the 100-day period specified in paragraph 99.195(3)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.225 Notices of Sample B results (1) If a confirmatory drug test is conducted on Sample B of a body sample, the notices specified in subregulation 99.210(1) and (3) must be given in respect of that test. (2) The notices must be given in the form and within the timeframes required by regulation 99.210. (3) The written notice to the donor must contain the following: (a) the sample identifier for Sample A and Sample B; (b) a statement that Sample B was tested; (c) a statement as to whether the tamper-evident seals on the specimen tubes containing the body sample were intact on receipt by the approved laboratory that tested them; (d) the list of testable drugs that were tested for; (e) the date and time that Sample B was tested; (f) the method used for the testing; (g) the target concentrations of the testing; (h) the result of the test; (i) a statement about whether the sample has been tested in accordance with these Regulations and any conditions attached to the laboratory's National Association of Testing Authorities accreditation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.230 Test results (1) If a confirmatory drug test is conducted on Sample A of a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result. (2) Subject to subregulations (4) and (5), if a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result, then the test result for the body sample is taken to be a positive result. (3) Subject to subregulation (5), if: (a) a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and (b) the donor applies to CASA to have a confirmatory drug test conducted on Sample B of a body sample before the expiry of the period mentioned in subregulation 99.215(2); and (c) the result of the test on Sample B is a positive result; then the test result for the body sample is taken to be a positive result. (4) If: (a) a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and (b) the donor applies to CASA to have a confirmatory drug test conducted on Sample B of the sample before the expiry of the period mentioned in subregulation 99.215(2); and (c) the result of the test on Sample B is not a positive result, or Sample B is not available to be tested; then, despite the positive result for Sample A, the test result for the body sample is taken not to be a positive result. Note: Under regulation 99.200, Sample B may have been dealt with as if it were Sample A. In that case, there will not be a Sample B to test. (5) A positive result for a confirmatory drug test on either Sample A or Sample B of a body sample is taken not to be a positive result for the sample if a CASA medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.235 Approved laboratory to keep records (1) An approved laboratory must keep a copy of a notice sent under regulation 99.210 for 7 years from the date the notice was sent. Penalty: 50 penalty units. (2) The laboratory must keep the copy in a secure location. Penalty: 50 penalty units. (3) During the 7-year period, the laboratory must provide a copy of the notice to CASA if required to. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. (5) Subject to any requirement in any other Commonwealth, State or Territory law, the copy must be destroyed at the end of the 7-year period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.240 Which body samples may be alcohol tested An approved tester conducting an alcohol test under this Subpart may only take a sample of a person's breath for testing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.245 How samples are taken and tested An approved tester must take body samples for alcohol testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.250 Approved breathalysers to be used in alcohol tests (1) If an approved tester is conducting an initial alcohol test under this Subpart, the tester must only use an approved breathalyser to conduct the test. (2) If the approved tester is conducting a confirmatory alcohol test under this Subpart, the tester must only use a breathalyser that: (a) is an approved breathalyser; and (b) meets the requirements of NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers. (3) The approved tester must ensure that the breathalyser is stored, tested, maintained and operated in accordance with a legislative instrument made for the purposes of this subregulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.255 Alcohol tests (1) To conduct an initial alcohol test, an approved tester must take a breath sample. (3) If the result of the initial alcohol test is a positive result, the approved tester must take a further breath sample from the donor for a confirmatory alcohol test. (4) The further sample must be taken as soon as practicable, but not sooner than 15 minutes, after the initial alcohol test sample was taken. (5) After the result of the confirmatory alcohol test is available, the approved tester must give the donor a notice that includes the information specified in subregulation 99.265(1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.260 Test results (1) If an initial alcohol test is conducted on a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result. (2) If: (a) an initial alcohol test is conducted on a body sample and the result is a positive result; and (b) a confirmatory alcohol test in respect of the initial alcohol test is conducted on a body sample; and (c) the result of the confirmatory alcohol test is a positive result; then the test result for the body sample is taken to be a positive result. (3) If: (a) an initial alcohol test is conducted on a body sample and the result is a positive result; and (b) a confirmatory alcohol test is conducted on the body sample and the result of the test is not a positive result; then, despite the positive result for the initial alcohol test, the result for the body sample is taken not to be a positive result. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.265 Notice of alcohol test (1) The notice given to the donor under subregulation 99.255(5) must contain the following: (a) the donor's name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor's DAMP organisation (if any); (b) the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for an alcohol test; (c) the date, time and location of the place that the donor's body sample was taken and tested; (d) the test result; (e) the applicable SSAA that the donor was performing or available to perform at the time the donor was tested; (f) the make, model and serial number of the approved breathalyser used to conduct the testing of the body sample; (g) the details of any photographic identification provided by the donor; (h) a certification by the approved tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made under regulation 99.245; (i) a certification by the tester about whether the breathalyser has been stored, tested, maintained and operated in accordance with the legislative instrument made under subregulation 99.250(3); (j) the initials of the tester and his or her allocated number. (2) The approved tester must ask the donor to sign the notice at the time the approved tester gives the notice to the donor. Subpart 99.D --Evidentiary certificates and prescribed proceedings CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.275 Purposes of Subpart This Subpart provides for the following: (a) evidentiary certificates (Division 99.D.2); (b) prescribed proceedings for paragraph 36(4)(d) of the Act (Division 99.D.3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.280 Certificates by approved tester Matters relating to samples for initial drug tests (1) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an initial drug test must: (a) be signed by an approved tester; and (b) be in respect of a body sample taken by the tester for an initial drug test; and (c) be in respect of a body sample that the tester conducted an initial drug test on; and (d) state one or more of the matters set out in subregulation (3). (2) Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code. Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act. (3) For paragraph (1)(d), the matters are as follows: (a) the approved tester's allocated number; (b) that the tester who signed the certificate was an approved tester at the time the body sample was taken; (c) when the body sample was taken; (d) from whom the body sample was taken; (e) the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken; (f) the make, model and serial number of the approved drug testing device used to conduct the test on the body sample; (g) a description of the method of sampling; (h) whether the test conducted on the body sample was an initial drug test; (i) the result of the test conducted; (j) the sample identifier, if any, for the body sample. Matters relating to alcohol tests (4) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an alcohol test under Subpart 99.C must: (a) be signed by an approved tester; and (b) be in respect of a body sample taken by the tester for an alcohol test; and (c) state one or more of the matters set out in subregulation (6). (5) Subject to regulation 99.305, if subregulation (4) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code. Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act. (6) For paragraph (4)(c), the matters are as follows: (a) the approved tester's allocated number; (b) that the tester who signed the certificate was an approved tester at the time the body sample was taken; (c) when the body sample was taken; (d) from whom the body sample was taken; (e) the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken; (f) the make, model and serial number of the approved breathalyser used to take the body sample and conduct the test; (g) a description of the method of sampling; (h) the alcohol test conducted on the body sample; (i) the result of the test conducted. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.285 Certificates by approved laboratory (1) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning a confirmatory drug test must: (a) be signed by an approved laboratory; and (b) be in respect of a body sample on which a confirmatory drug test was conducted by the laboratory; and (c) state one or more of the matters set out in subregulation (3). (2) Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code. Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act. (3) For paragraph (1)(c), the matters are as follows: (a) the sample identifier for the body sample; (b) that the person who signed the certificate was an approved laboratory or the laboratory's approved person at the time the certificate was signed; (c) when the body sample was received; (d) what, if any, labels or other means of identifying the body sample accompanied the body sample when it was received; (e) what container or containers the body sample was contained in when it was received; (f) the state of the seals on the container or containers when the body sample was received; (g) the state of the container or containers when the body sample was received; (h) when the body sample was tested; (i) a description of the way in which the body sample was stored by the laboratory; (j) a description of the method of testing; (k) the testable drugs tested for; (l) the result of the test conducted. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.290 Document taken to be a certificate unless contrary intention established For the purposes of this Subpart, a document purporting to be a certificate referred to in regulation 99.280 or 99.285 is, unless the contrary intention is established, taken to be such a certificate and to have been duly given. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.295 Certificate not to be admitted unless copy given A certificate must not be admitted in evidence under regulation 99.280 or 99.285 in any proceedings under the Act, these Regulations or the Criminal Code unless: (a) the person charged with the offence; or (b) a barrister or solicitor who has appears for the person in those proceedings; has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.300 Person signing the certificate may be called to give evidence (1) Subject to subregulation (2), if, under regulation 99.280 or 99.285, a certificate is admitted in evidence in proceedings, the person charged with the offence may require the person who signed the certificate to be called as a witness for the prosecution and cross-examined as if he or she had given evidence of the matters stated in the certificate. (2) Subregulation (1) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless: (a) the prosecutor has been given at least 4 days notice of the person's intention to require the person who signed the certificate to be so called; or (b) the Court, by order, grants the person's application to require the calling of the witness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.305 Rebuttal evidence (1) Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under regulation 99.280 or 99.285 must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished because of this Subpart. (2) The evidential burden in rebutting a matter stated in a certificate given under regulation 99.280 or 99.285 is on the balance of probabilities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.310 CASA may ask for full certificate (1) CASA may, by notice in writing, ask: (a) an approved tester to provide a certificate, under subregulation 99.280(1) or (4); or (b) an approved laboratory to provide a certificate, under regulation 99.285; that contains all of the matters listed in the particular provision. (2) The approved tester or approved laboratory must comply with the notice within 7 days of receiving it. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.315 Prescribed proceedings For paragraph 36(4)(d) of the Act, proceedings under the Criminal Code are prescribed. Subpart 99.E --Offences for Subpart 99.C CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.320 Purposes of Subpart This Subpart provides for the following: (a) offences relating to Subpart 99.C (Division 99.E.2); (b) CASA medical review officers (Division 99.E.3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.325 Failing to carry identification whilst undertaking applicable SSAA (1) If: (a) a person is performing or available to perform an applicable SSAA; and (b) as part of the process of taking a body sample for a drug or alcohol test under Subpart 99.C, an approved tester requires the person to produce identification of a kind set out in subregulation (2); the person must either: (c) immediately produce to the tester the identification; or (d) produce to the tester the identification within 1 hour after being required to do so. Penalty: 10 penalty units. (2) For subregulation (1), the kinds of identification are as follows: (a) identification that: (i) contains a photograph of the person and sets out the person's name, date of birth and address; and (ii) was issued by a Commonwealth, State, Territory or local government body; (b) identification that is issued by a DAMP organisation that contains a photograph of the person and the person's name; (c) an ASIC; (d) a passport. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.330 Refusing or failing to give a body sample (1) A person must not refuse or fail to give a body sample to an approved tester for a drug or alcohol test under Subpart 99.C i f: (a) the person is performing or available to perform an applicable SSAA; and (b) at the time the person is performing or available to perform the applicable SSAA, the person is required to give a body sample for a drug or alcohol test by the approved tester; and (c) the approved tester, in requiring and taking or seeking to take the body sample, complies with the requirements of this Part or any legislative instrument made under this Part. Penalty: 50 penalty units. (2) It is a defence to subregulation (1) if a person failed to give a body sample because the person had a medical condition that rendered the person unable to give the body sample. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.335 Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample (1) This regulation applies if: (a) a person is performing or available to perform an applicable SSAA; and (b) the person is required by an approved tester to provide a body sample for a drug or alcohol test under Subpart 99.C; and (c) the person: (i) refuses to provide a body sample to be tested; or (ii) fails to provide a body sample to be tested. (2) The person must not again perform or be available to perform an applicable SSAA until the person is drug or alcohol tested under this Part. Penalty: 50 penalty units. Note 1: If the person receives a confirmatory drug test and the result is a positive result, the person may be liable to an offence if the person contravenes regulation 99.380. Note 2: It is an offence for the person to contravene regulation 99.345 or 99.380 in respect of the drug test. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.340 Failing to stop performing an applicable SSAA (1) If an approved tester requires a person to stop performing or being available to perform an applicable SSAA for the time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.345 Failing to remain in approved tester's presence (1) If an approved tester requires a person to remain in the tester's presence for the time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.350 Person must not interfere with integrity of body sample (1) If a person is giving, or has given, a body sample for a drug or alcohol test under this Part, a person must not interfere with the integrity of that sample. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.355 Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test (1) This regulation applies if: (a) a person is performing or available to perform an applicable SSAA; and (b) the person receives an initial drug test; and (c) the result of the initial drug test is a positive result; and (d) the person's body sample in respect of the initial drug test is being subjected to confirmatory drug testing by an approved laboratory. (2) The person must not again perform or become available to perform an applicable SSAA until the person has received a confirmatory drug test in respect of the initial drug test. Penalty: 50 penalty units Note: Regulation 99.360 provides an offence for performing or being available to perform an applicable SSAA after a confirmatory drug test has been given and before the results of that confirmatory drug test are returned. (3) An offence against subregulation (2) is an offence of strict liability. (4) It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if the person's body sample cannot be subjected to confirmatory drug testing by an approved laboratory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.360 Continuing to perform applicable SSAA after having confirmatory drug test and before result returned (1) This regulation applies if: (a) a person is performing or available to perform an applicable SSAA; and (b) the person receives an initial drug test; and (c) the result of the initial drug test is a positive result; and (d) the person receives a confirmatory drug test in respect of the initial drug test; and (e) the test result for the confirmatory drug test has not been returned to the person. (2) The person must not again perform or be available to perform an applicable SSAA until the result of the confirmatory drug test has been returned to the person. Penalty: 50 penalty units. Note: If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.380. (3) An offence against subregulation (2) is an offence of strict liability. (4) It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if a test result for the confirmatory drug test cannot be returned to the person because it was not possible to conduct the confirmatory drug test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.365 Continuing to perform applicable SSAA before confirmatory alcohol test result returned (1) This regulation applies if: (a) a person is performing or available to perform an applicable SSAA; and (b) the person receives an initial alcohol test; and (c) the initial alcohol test result is a positive result. (2) The person must not again perform or be available to perform an applicable SSAA until the person has: (a) received a confirmatory alcohol test in respect of the initial alcohol test; and (b) the test result for the confirmatory alcohol test has been returned to the person. Penalty: 50 penalty units Note: If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.385. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.370 Performing applicable SSAA showing positive result for testable drug (1) A person must not perform or be available to perform an applicable SSAA if: (a) while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial drug test under Subpart 99.C; and (b) a confirmatory drug test in respect of the initial drug test is conducted on Sample A of the person's body sample; and (c) the result of the confirmatory drug test on Sample A is a positive result. Penalty: 50 penalty units. Note: Regulation 99.230 deals with how you determine the results of confirmatory drug tests. (2) It is a defence to subregulation (1) if Sample B of the person's body sample is tested within the period specified in subregulation 99.215(2) and returns a result that is not positive. (3) Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial drug test was taken. (4) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.375 Performing applicable SSAA while showing positive result for a confirmatory alcohol test (1) A person must not perform or be available to perform an applicable SSAA if: (a) while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial alcohol test under Subpart 99.C; and (b) the person gives a body sample for a confirmatory alcohol test in respect of the initial alcohol test; and (c) the result of the confirmatory alcohol test is a positive result. Penalty: 50 penalty units. Note: Regulation 99.260 deals with how you determine the results of alcohol tests. (2) Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial alcohol test was taken. (3) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.380 Continuing to perform applicable SSAA after having confirmatory drug test (1) This regulation applies if: (a) a person is performing or available to perform an applicable SSAA; and (b) the person receives an initial drug test; and (c) the initial drug test result is a positive result; and (d) the person receives a confirmatory drug test in respect of the initial drug test; and (e) the test result for the confirmatory drug test is a positive result. (2) The person must not again perform or be available to perform an applicable SSAA until all of the following have occurred: (a) the person has undergone a comprehensive assessment; (b) if the comprehensive assessment recommended the person commence a drug or alcohol intervention program--the person has begun participating in a nominated drug or alcohol intervention program; (c) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by: (i) if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory drug test by CASA--a DAMP medical review officer; or (ii) in any other case--a CASA medical review officer; (d) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person's treating clinician, if any; (e) at the time the person was considered fit under paragraphs (c) and (d), the person receives a confirmatory drug test and records, for the test, a result that was not a positive result. Penalty: 50 penalty units. Note: Regulation 99.230 deals with test results for body samples that are drug tested. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.385 Continuing to perform applicable SSAA after confirmatory alcohol test (1) This regulation applies if: (a) a person was performing or available to perform an applicable SSAA; and (b) the person has had an initial alcohol test; and (c) the test result for the initial alcohol test was a positive result; and (d) the person has had a confirmatory alcohol test in respect of the initial alcohol test; and (e) the test result for the confirmatory alcohol test was again a positive result. (2) The person must not again perform or become available to perform an applicable SSAA until all of the following have occurred: (a) the person has undergone a comprehensive assessment; (b) if the comprehensive assessment recommended the person commence a drug or alcohol intervention program--the person has begun participating in a nominated drug or alcohol intervention program; (c) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by: (i) if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory alcohol test by CASA--a DAMP medical review officer; or (ii) in any other case--a CASA medical review officer; (d) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person's treating clinician, if any. Penalty: 50 penalty units. Note: Regulation 99.260 deals with test results for body samples that are alcohol tested. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.390 CASA medical review officers (1) CASA may, in writing, appoint a person entitled to practice as a medical practitioner under a law of a State or Territory to be a CASA medical review officer for the purposes of Subpart 99.C. (2) A CASA medical review officer must review: (a) a positive result for a drug or alcohol test; and (b) medical information concerning a person's failure to give a body sample for drug or alcohol testing because of a medical condition; before the result or failure is referred for action for an offence under this Subpart, or for other action under the Act or these Regulations. (3) CASA must take into account the results of a review carried out by a CASA medical review officer under subregulation (2) before it makes a decision to refer a positive result for action for an offence under this Subpart or for other action under the Act or these Regulations. Subpart 99.F --Provision of information CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.395 Purposes of Subpart This Subpart provides for the exchange of information about drug and alcohol tests between CASA and DAMP organisations, and CASA and foreign operators. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.400 Drug or alcohol test information given or required by CASA (1) If: (a) a drug or alcohol test is conducted on a person under Subpart 99.C; and (b) the person is a SSAA employee of a DAMP organisation or an employee of a foreign operator; and (c) the result of the test is a positive result; CASA may notify the organisation or foreign operator of the matters set out in a notice given to the person under Subpart 99.C. If CASA notifies a DAMP organisation (2) If CASA notifies a DAMP organisation under subregulation (1) of the results of the test, CASA may require the organisation, by notice in writing, to provide CASA with the information set out in subregulation (3) in respect of the employee. (2A) If, under subregulation (2), CASA requires a DAMP organisation to provide CASA with information, the DAMP organisation must, in writing, provide CASA with that information. Penalty: 50 penalty units. (3) CASA may require: (a) information about what, if any, action was taken by the DAMP organisation under its DAMP in respect of the employee and the test result; and (b) information about when, after the result of the test became known, the employee again performed or became available to perform a SSAA; and (c) if the employee ceases to be a SSAA employee of the organisation--information about whether the employee so ceased: (i) before the employee had completed attending a nominated drug or alcohol intervention program; or (ii) before the employee had been approved by the organisation to again perform or be available to perform a SSAA. If CASA notifies foreign operator (4) If CASA notifies the foreign operator under subregulation (1) of the results of the test, CASA may require the operator, by notice in writing, to provide CASA with the information relating to the test result specified in the notice. (5) If, under subregulation (4), CASA requires a foreign operator to provide CASA with information, the operator must, in writing, provide CASA with that information. Penalty: 50 penalty units. (6) An offence against subregulation (2A) or (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.405 Information that must be given to CASA following drug or alcohol test (1) This regulation applies if: (a) CASA notifies a DAMP organisation of a person's test results in accordance with subregulation 99.400(1); and (b) the person is a SSAA employee of the DAMP; and (c) the person ceases to be a SSAA employee of the DAMP organisation for any reason; and (d) the cessation occurs after the test and before the employee: (i) resumes performing or being available to perform an applicable SSAA with the organisation; or (ii) satisfactorily completes a nominated drug or alcohol intervention program. (2) The DAMP organisation must, in writing, provide CASA with the information set out in subregulation (3) in respect of the employee. Penalty: 50 penalty units. (3) The information is the following: (a) the employee's name and address; (b) the employee's ARN, if any; (c) the date the employee ceased to work for the DAMP organisation. (4) An offence against subregulation (2) is an offence of strict liability. Subpart 99.G --CASA's powers in relation to civil aviation authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.410 Purposes of Subpart This Subpart provides for CASA to vary, suspend or cancel a person's civil aviation authorisation in certain circumstances. Note: CAR 269 allows CASA to vary, suspend or cancel a licence, certificate or authority, but under that regulation CASA must give the holder of the licence, certificate or authority notice and allow the holder an opportunity to show cause why the licence, certificate or authority should not be varied, suspended or cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.415 When CASA may vary, suspend or cancel a civil aviation authorisation (1) CASA may, in writing, vary, suspend or cancel a person's civil aviation authorisation in the interests of aviation safety in the following circumstances: (a) if: (i) the person gives a body sample for drug or alcohol testing under Subpart 99.C; and (ii) a confirmatory alcohol test or confirmatory drug test is conducted on the sample; and (iii) the test result is a positive result; (b) if a person refuses to give a body sample for drug or alcohol testing under Subpart 99.C. (2) If CASA determines that a person has contravened the requirements of a regulation in Division 99.E.2 (other than subregulation 99.325(1)), CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety. (3) If: (a) CASA determines that a person has contravened the requirements of a regulation in Subpart 99.B or 99.F; and (b) the person holds a civil aviation authorisation; CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety. (4) Before making a decision to vary, suspend or cancel a person's civil aviation authorisation under subregulation (3), CASA must: (a) give the person a notice setting out the reasons why CASA is considering making the decision; and (b) allow the person to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision. Note: See section 31 of the Act for review of a decision under this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.420 When variation, suspension or cancellation takes effect A variation, suspension or cancellation of a civil aviation authorisation under regulation 99.415 takes effect from the date and time (if any) specified in the variation, suspension or cancellation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.425 Notice (1) If CASA varies, suspends or cancels a person's civil aviation authorisation under regulation 99.415, CASA must, as soon as practicable after the variation, suspension or cancellation, give the person a notice of the variation, suspension or cancellation that contains the following information: (a) whether the person's authorisation is varied, suspended or cancelled; (b) the authorisation that is so varied, suspended or cancelled; (c) the reason for the variation, suspension or cancellation; (d) the time (if any) and date that the variation, suspension or cancellation takes effect. (2) If the notice given under subregulation (1) is not a written notice, CASA must, within 48 hours after giving the notice under that subregulation, give the person a written notice of the matters specified in that subregulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.430 Effect of effluxion of time in relation to the suspension of civil aviation authorisation (1) If a civil aviation authorisation is suspended under this Subpart, the authorisation has no force or effect for the duration of the suspension, but the period of currency of the authorisation continues to run. (2) If the period for which the authorisation is suspended is a period expiring after the expiration of the current period of the authorisation, the holder of the authorisation is not eligible for renewal of the authorisation until the period of suspension has expired. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.435 Effect of suspension of civil aviation authorisation If CASA suspends a civil aviation authorisation under this Subpart, its holder is taken not to be the holder of the authorisation during the period of the suspension. Subpart 99.H --Approved testers and authorisations to conduct drug and alcohol tests CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.440 Purposes of Subpart This Subpart provides for the following: (a) approvals and authorisations of persons to take body samples and conduct drug and alcohol tests (Division 99.H.2); (b) obligations on approved testers, and protection of approved testers from liability in certain cases (Division 99.H.3); (c) powers of approved testers (Division 99.H.4); (d) identity cards for approved testers (Division 99.H.5); (e) notices for approved testers (Division 99.H.6). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.445 CASA may approve persons to take body samples and conduct tests (1) A person may apply to CASA, in writing, for approval to take body samples for the purposes of Part IV of the Act. (1A) Subject to regulation 11.055, CASA must grant the approval. (2) A person may apply to CASA, in writing, for approval to conduct alcohol tests and initial drug tests for the purposes of Part IV of the Act. (2A) Subject to regulation 11.055, CASA must grant the approval. (2B) A person may apply to CASA, in writing, for approval to conduct confirmatory drug tests for the purposes of Part IV of the Act. (3) Subject to regulation 11.055, CASA must grant the approval if the National Association of Testing Authorities accredits the person: (a) to AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid; or (b) another Standard that is declared by CASA in a legislative instrument made for the purposes of this paragraph. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (5) If CASA approves a person under subregulation (1) or (2), CASA must allocate to the person a unique identifying number (an allocated number) for the purposes of this Subpart. (6) The allocation must be in accordance with a method approved by CASA for the purposes of this subregulation. (7) The allocated number may include a numeral, letter or other character. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.450 Persons authorised to take body samples and conduct tests (1) For subsection 36(2) of the Act, a person is authorised to take body samples for drug or alcohol tests under Subpart 99.C if the person is approved by CASA to do so under subregulation 99.445(1). (2) For subsection 36(3) of the Act, a person is authorised to conduct alcohol tests or initial drug tests under Subpart 99.C if the person is approved by CASA to do that under subregulation 99.445(2). (3) For subsection 36(3) of the Act, a person is authorised to conduct confirmatory drug tests under Subpart 99.C if the person is approved by CASA to do that under subregulation 99.445(3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.455 Obligations on approved testers (1) An approved tester who wants to take a body sample from a donor must comply with the requirements of this Part in requiring, taking and dealing with the body sample. (2) Before taking a body sample from a donor, an approved tester must give the donor notice, in relation to any information about the donor that is collected by the tester, that meets the requirements of Information Privacy Principle 2 of the Privacy Act 1988. (3) The tester must ensure that he or she does not delay the donor for longer than is necessary to take the body sample and to conduct the test. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.460 Approved testers not liable in certain cases An approved tester is not liable to an action, suit or proceeding for or in relation to an act done or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.465 Approved testers' powers to access premises (1) Subject to any aviation security requirements, an approved tester must, at all reasonable times, have access to any place to which access is necessary for the purposes of carrying out any of the approved tester's powers and functions under this Part. (2) A person must not prevent, or hinder, access by an approved tester to any place to which access is necessary for the purposes of carrying out any of the approved tester's powers or functions under this Part. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. (4) An approved tester must produce his or her identity card for inspection if asked to do so by the occupier or person in charge, or apparently in charge, of the place to which the tester seeks access. (5) If an approved tester: (a) is acting as an approved tester; and (b) seeks or is allowed access to a place specified in subregulation (1); and (c) fails to produce his or her identity card for inspection when asked to do so; the tester is not authorised to access the place under that subregulation and, if access has been given to the tester, the tester must leave the place. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.470 Identity cards (1) CASA must issue an approved tester with an identity card for the purposes of this Part. (2) The identity card is valid for the period that the person has been approved under regulation 99.445, or until that approval is suspended or revoked. (3) The card must: (a) contain a recent photograph of the person; and (b) specify whether the person is authorised to take body samples for drug or alcohol tests, or both; and (c) specify that the person is authorised to conduct alcohol tests or initial drug tests, or both; and (d) state the person's allocated number; and (e) state the period for which the person is authorised to be an approved tester. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.475 Return of identity card (1) If: (a) a person has been issued with an identity card; and (b) either: (i) the person ceases to be an approved tester; or (ii) the person's approval under regulation 99.445 is suspended; the person must return the card to CASA within 7 days of the person ceasing to be an approved tester, or of the person's approval being suspended, as the case may be. Penalty: 10 penalty unit. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.480 Display and production of identity cards (1) If an approved tester is performing functions or exercising powers under this Part, the tester must: (a) wear his or her identity card so that it can be readily seen; and (b) upon request, show his or her identity card to a person from whom the approved tester intends to take a body sample for a drug or alcohol test. (2) A donor who has been required by an approved tester to give a body sample for a drug or alcohol test may refuse to give the body sample if: (a) the donor requests the tester to show the donor the tester's identity card; and (b) the tester does not show the donor the card. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.485 Suspension or revocation of authorisation (1) This regulation applies if an approved tester: (a) breaches a condition of the tester's approval given under regulation 99.445; or (b) does not comply with the requirements of this Part in performing functions or exercising powers under this Part. (2) CASA may do any or all of the following in respect of the breach: (a) impose a further condition of approval; (b) suspend the approved tester's authorisation under regulation 99.450; (c) revoke the tester's authorisation under regulation 99.450. (3) If: (a) CASA takes an action mentioned in paragraph (2)(a) or (b) because of a breach of a condition (the first breach); and (b) CASA later becomes satisfied that the approved tester is not complying with a condition of the approval under regulation 99.445; CASA may revoke the tester's authorisation even if the period for fulfilling any condition, or the period of any suspension for the first breach, has not ended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.490 Notices (1) If CASA imposes on an approved tester a further condition of approval under paragraph 99.485(2)(a), CASA must give the tester notice in writing of the imposition of the condition, the terms of the condition and the date from which the condition takes effect. (2) If CASA suspends the approved tester's authorisation under paragraph 99.485(2)(b), CASA must give the tester notice in writing of the suspension, the date that the suspension takes effect and the period of the suspension. (3) If CASA revokes the approved tester's authorisation under paragraph 99.485(2)(c), CASA must give the tester notice in writing of the revocation and the date from which the revocation takes effect. (4) The date under this regulation must not be a date before the day the notice is given. (5) A notice under this regulation must also include a statement setting out the reason that the condition was imposed or that the authorisation was suspended or revoked, as the case may be. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.495 Notice to approved testers If a provision of these Regulations requires CASA to give a notice to an approved tester, the requirement is met if CASA gives that notice to the person who, as CASA's delegate, approved the tester as an approved tester. Part 101 --Unmanned aircraft and rockets Table of contents Subpart 101.A -- Preliminary 101.005 Applicability of this Part 101.010 Application to rocket-powered unmanned aircraft 101.015 Application of registration and marking requirements 101.020 Exemption from certain other provisions of CAR 1988 101.025 Meaning of populous area 101.030 Approval of areas for operation of unmanned aircraft or rockets 101.035 Requirements in this Part to give information to CASA 101.040 Exemptions 101.045 Conditions imposed by CASA or another authority Subpart 101.B -- General prohibition on unsafe operation 101.050 Applicability of this Subpart 101.055 Hazardous operation prohibited Subpart 101.C -- Provisions applicable to unmanned aircraft generally 101.060 Applicability of this Subpart 101.065 Operation in prohibited or restricted area 101.070 Operation in controlled airspace 101.075 Operation near aerodromes 101.080 Permission for operation of unmanned aircraft near aerodrome 101.085 Maximum operating height 101.090 Dropping or discharging of things 101.095 Weather and day limitations Subpart 101.D -- Tethered balloons and kites 101.100 Applicability of this Subpart 101.105 Definitions for Subpart 101.110 Tethered balloons and kites that may be operated outside approved areas 101.115 Mooring-line marking 101.120 Operation of tethered balloon or kite under cloud 101.125 Tethered balloon to be lit at night 101.130 Rapid deflation device required 101.135 What to do if tethered balloon escapes Subpart 101.E -- Unmanned free balloons 101.140 Applicability of this Subpart 101.145 Definitions for Subpart--free balloons 101.150 Definition for Subpart--approved area 101.155 Releasing small balloons 101.160 Light balloons that may be released outside approved areas 101.165 Release of medium and heavy balloons outside approved areas 101.170 Medium and heavy balloons not to be flown low 101.175 Medium and heavy balloons to be flown in clear sky 101.180 How payload must be supported--medium and heavy balloons 101.185 Equipment that must be carried--medium and heavy balloons 101.190 Lighting--medium and heavy balloons 101.195 Marking--free balloons generally 101.200 Marking by day--heavy balloons 101.205 Lighting by night--heavy balloons 101.210 Obligation to stay in communication with ATC--medium and heavy balloons 101.215 Tracking of flight--medium and heavy balloons 101.220 Flight reporting--medium and heavy balloons 101.225 Ending flight and recovery--medium and heavy balloons 101.230 Direction by ATC to end flight in certain circumstances Subpart 101.F -- UAVs Division 101.F.1--General 101.235 Applicability of this Subpart 101.240 Definitions for Subpart Division 101.F.2--Operation of UAVs generally 101.245 Operation near people 101.250 Where small UAVs may be operated 101.255 Large UAVs--requirement for certificate 101.260 Maintenance of large UAVs 101.265 Application of s 20AB of the Act to large UAVs 101.270 Requirement for UAV operator's certificate 101.275 Approval of operation of large UAVs 101.280 UAVs not to be operated over populous areas 101.285 Use of aeronautical radio Division 101.F.3--Certification of UAV controllers 101.290 Application for certification as UAV controller 101.295 Eligibility for certification as UAV controller 101.300 Conditions on certification as UAV controller 101.310 How long controller's certification remains in force 101.315 Notice to certified UAV controller to show cause 101.320 Cancellation of UAV controller's certification Division 101.F.4--Certification of UAV operator 101.330 Application for certification as UAV operator 101.335 Eligibility for certification as UAV operator 101.340 Conditions on certification 101.360 Notice to certified UAV operator to show cause 101.365 Cancellation of UAV operator's certification Subpart 101.G -- Model aircraft 101.375 Applicability of this Subpart 101.380 Definitions for Subpart 101.385 Visibility for operation of model aircraft 101.390 Operating model aircraft at night 101.395 Keeping model aircraft away from people 101.400 Operation of model aircraft outside approved areas 101.405 Giant model aircraft 101.410 Model flying displays Subpart 101.H -- Rockets 101.415 Applicability of this Subpart 101.420 Application of State and Territory laws about rockets 101.425 Definitions for Subpart 101.430 Launching rocket in or over prohibited or restricted area 101.435 Launching rockets into controlled airspace 101.440 Launching rockets near aerodromes 101.445 Getting permission for launch of rocket near aerodrome 101.450 High power rockets 101.455 Maximum operating height of rockets 101.460 Dropping or discharging of things from rockets 101.465 Weather and day limitations--rockets other than model rockets 101.470 Model rockets Subpart 101.I -- Firework displays 101.475 What this Subpart does 101.480 Application of State and Territory laws about fireworks 101.485 Meaning of operate a firework display 101.490 Certain projectiles prohibited in firework displays 101.495 Firework displays not permitted near aerodromes 101.500 Notice to CASA of certain firework displays Subpart 101.A --Preliminary CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.005 Applicability of this Part (1) This Part sets out the requirements for the operation of unmanned aircraft (including model aircraft), and (to the extent that the operation of rockets and fireworks affects or may affect the safety of air navigation) the operation of rockets and the use of certain fireworks. (2) Nothing in this Part applies to the operation of a manned balloon or a hot air balloon. (3) Subparts 101.C to 101.I do not apply to the operation of: (a) a control-line model aircraft (that is, a model aircraft that is constrained to fly in a circle, and is controlled in attitude and altitude, by means of inextensible wires attached to a handle held by the person operating the model); or (b) a model aircraft indoors; or (c) an unmanned airship indoors; or (d) a small balloon within 100 metres of a structure and not above the top of the structure; or (e) an unmanned tethered balloon that remains below 400 feet AGL; or (f) a firework rocket not capable of rising more than 400 feet AGL. Note: Subpart 101.B applies to the operation of all unmanned aircraft (including model aircraft) and rockets, including firework rockets. (4) For paragraph (3)(c), a flight does not take place indoors if the building in which it takes place has the roof, or 1 or more walls, removed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.010 Application to rocket-powered unmanned aircraft This Part applies to a rocket-powered unmanned aircraft, and to the operation of such an aircraft, unless the contrary intention appears. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.015 Application of registration and marking requirements Parts 45 and 47 do not apply to an aircraft (other than a large UAV) to which this Part applies, nor to a micro UAV. Note: A large UAV is required to carry a manufacturer's data plate and an aircraft registration identification plate--see respectively regulation 21.820 and Subpart 45.D of Part 45. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.020 Exemption from certain other provisions of CAR 1988 Parts 4, 4A, 4B, 4C, 5, 7, 9, 10, 11, 12, 13 and 14 of CAR 1988 do not apply to an aircraft to which this Part applies, nor to a micro UAV. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.025 Meaning of populous area For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.030 Approval of areas for operation of unmanned aircraft or rockets (1) A person may apply to CASA for the approval of an area as an area for the operation of: (a) unmanned aircraft generally, or a particular class of unmanned aircraft; or (b) rockets. (2) For paragraph (1)(a), the classes of unmanned aircraft are the following: (a) tethered balloons and kites; (b) unmanned free balloons; (c) UAVs; (d) model aircraft. (3) In considering whether to approve an area for any of those purposes, CASA must take into account the likely effect on the safety of air navigation of the operation of unmanned aircraft in, or the launching of rockets in or over, the area. (4) An approval has effect from the time written notice of it is given to the applicant, or a later day or day and time stated in the approval. (5) An approval may be expressed to have effect for a particular period (including a period of less than 1 day), or indefinitely. (6) CASA may impose conditions on the approval in the interests of the safety of air navigation. (7) If CASA approves an area under subregulation (1), it must publish details of the approval (including any condition) in NOTAM or on an aeronautical chart. (8) CASA may revoke the approval of an area, or change the conditions that apply to such an approval, in the interests of the safety of air navigation, but must publish details of any revocation or change in NOTAM or on an aeronautical chart. (9) CASA must also give written notice of the revocation or change: (a) to the person who applied for the approval of the area; or (b) if that person applied for that approval as an officer of an organisation concerned with unmanned aircraft or rockets, and no longer holds that office--to the person who now holds the office. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.035 Requirements in this Part to give information to CASA (1) If a provision of this Part requires a person to give information to CASA about the operation, launching or release of an unmanned aircraft or rocket, then, unless the provision says otherwise, the person may do so by giving the information to: (a) if the person is an approved aviation administration organisation--the Australian NOTAM Office; or (b) an appropriate approved aviation administration organisation. (2) However, subregulation (1) does not apply in relation to the release of small balloons, or in relation to a firework display. (3) The information need not be given in writing unless: (a) CASA or the authority to which it is given asks for it to be given in writing in the particular case; or (b) another provision of these Regulations requires it to be given in writing. (4) If a person gives the information to an authority mentioned in paragraph (1)(a) or (b), then, subject to subregulation (6), the person is taken, for all purposes, to have complied with the requirement to give the information. (5) If in a particular case CASA or the authority to which the information is given reasonably requires extra information about the operation, launching or release, CASA or the authority may ask the person for the extra information. (6) If CASA or an authority asks for more information under subregulation (5), the person is not taken to have complied with the requirement mentioned in subregulation (1) to give the information until the person gives to CASA or the authority the extra information. (7) If a day is not a working day for the office of CASA or an authority to which notice of an event is given or an application made, that day does not count for the purpose of working out how many working days' notice of the event has been given, or how many working days before an event the application has been made. (8) In subregulation (7): " working day ", in relation to an office of CASA or an authority, means a day on which that office is open for business.Subpart 101.B -- General prohibition on unsafe operation CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.050 Applicability of this Subpart This Subpart applies to the operation of all unmanned aircraft and rockets that are not aircraft, whether or not any of Subparts C to I applies. 101.055 Hazardous operation prohibited (1) A person must not operate an unmanned aircraft in a way that creates a hazard to another aircraft, another person, or property. Penalty: 50 penalty units. (2) A person must not launch a rocket that is not an aircraft in a way that creates a hazard to an aircraft. Penalty: 50 penalty units. (3) A person must not launch a rocket that is not an aircraft in a way that creates a hazard to another person or to property. Penalty: 50 penalty units. (3A) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) It is not a defence to a charge of contravening subregulation (1), (2) or (3) that the relevant unmanned aircraft was being operated, or the relevant rocket was launched, in a way that complied with the operations manual of an approved aviation administration organisation. (5) In subregulations (2) and (3): " rocket " includes a firework rocket.Subpart 101.C -- Provisions applicable to unmanned aircraft generally CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.060 Applicability of this Subpart This Subpart applies to the operation of unmanned aircraft of all kinds, except operation mentioned in subregulation 101.005(3). Note: Rockets that are not aircraft are dealt with separately in Subpart 101.H. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.065 Operation in prohibited or restricted area (1) A person may operate an unmanned aircraft in or over a prohibited area, or in or over a restricted area, only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area. Penalty: 25 penalty units. Note: For prohibited area and restricted area, see regulation 6 of the Airspace Regulations 2007. Details of prohibited or restricted areas are published in the AIP or a NOTAM. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) In subregulation (1): " authority controlling the area " means: (a) in the case of a prohibited area--the Secretary to the Department of Defence; and (b) in the case of a restricted area--the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area. (3) For subregulation (1): (a) the authority controlling the area must give a written statement of any condition so imposed to the person who applied for the permission; and (b) unless the authority gives the statement to the person, the person is not bound by the condition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.070 Operation in controlled airspace (1) A person may operate an unmanned aircraft above 400 feet AGL in controlled airspace only: (a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same kind as the aircraft, and in accordance with any conditions of the approval; and (b) in accordance with an air traffic control clearance. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.075 Operation near aerodromes (1) A person may operate an unmanned aircraft at an altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if: (a) the operation is permitted by another provision of this Part; or (b) permission has been given for the operation under regulation 101.080. Penalty: 25 penalty units. (2) A person may operate an unmanned aircraft over an area mentioned in paragraph (3)(a) or (b) only if: (a) the operation is permitted by another provision of this Part; or (b) permission has been given for the operation under regulation 101.080. Penalty: 25 penalty units. (3) The areas for subregulation (2) are: (a) a movement area or runway of an aerodrome; and (b) the approach or departure path of a runway of an aerodrome. (4) A person must not operate an unmanned aircraft in such a manner as to create an obstruction to an aircraft taking off from, or approaching for landing at, a landing area or a runway of an aerodrome. Penalty: 25 penalty units. (5) An offence against subregulation (1), (2) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.080 Permission for operation of unmanned aircraft near aerodrome (1) The authority from which permission must be obtained for the purposes of regulation 101.075 is: (a) if the aerodrome concerned is a controlled aerodrome--the air traffic control service for the aerodrome; or (b) in the case of any other aerodrome--CASA. (2) A person applies for permission under this regulation by giving to the relevant authority mentioned in subregulation (1) the information required by table 101.080, so far as relevant to the proposed operation. Table 101.080 Details of operation of unmanned aircraft to be given to CASA or ATC Item Information to be provided 1 In all cases: (a) the name, address and telephone number of the person who will operate the aircraft or (if the aircraft concerned is an unmanned free balloon) release the balloon (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the operation); and (b) the date and time the operation or release is to begin and how long it is to last; and (c) where it is to be carried out; and (d) if more than 1 unmanned aircraft is to be operated at a time, how many unmanned aircraft are to be operated at that time 2 In the case of the operation of a tethered balloon or a kite: (a) a brief description of the balloon or kite, including its predominant colour; and (b) the height to which it is to be operated; and (c) its mass 3 In the case of the release of a free balloon: (a) how many balloons are to be released; and (b) the estimated size and mass of the balloon's payload 4 In the case of the release of a medium or heavy balloon: (a) the balloon's flight identification or its project code name; and (b) the balloon's classification, or a description of the balloon; and (c) the balloon's SSR code or NDB frequency, and its Morse identification; and (d) the expected horizontal direction of the balloon's ascent, and the balloon's expected rate of climb; and (e) the balloon's float level (given as pressure altitude); and (f) when the balloon is expected to reach 60 000 feet pressure altitude, and the location over which it is expected to do so; and (g) when the flight is expected to end, and where the balloon and its payload are expected to fall Note: For free balloon and heavy balloon, see regulation 101.145. For tethered balloon, see regulation 101.105. (3) If more than 1 aircraft is to be operated at a time, such a requirement is a requirement to give the information about each such aircraft. (4) Regulation 101.035 does not authorise a person who or that applies for permission under this regulation to make the application to a body mentioned in paragraph 101.035(1)(a) or (b). (5) If the authority grants the permission, it may impose conditions on the permission in the interests of the safety of air navigation. (6) A person must not contravene a condition imposed under subregulation (5). Penalty: 50 penalty units. (7) An offence against subregulation (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.085 Maximum operating height (1) A person may operate an unmanned aircraft at above 400 feet AGL only: (a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same class as the aircraft concerned, and in accordance with any conditions of the approval; or (b) as otherwise permitted by this Part. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.090 Dropping or discharging of things (1) A person must not cause a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard to another aircraft, a person, or property. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.095 Weather and day limitations (1) A person may operate an unmanned aircraft: (a) in or into cloud; or (b) at night; or (c) in conditions other than VMC; only if permitted by another provision of this Part, or in accordance with an air traffic control direction. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Subpart 101.D -- Tethered balloons and kites CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.100 Applicability of this Subpart This Subpart applies to the operation of tethered balloons and kites. Note: This Subpart does not apply to: (a) the shielded operation (that is, operation within 100 metres of a structure and not above the top of the structure) of a small balloon; or (b) the operation of an unmanned tethered balloon or kite below 400 feet AGL. See subregulation 101.005(3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.105 Definitions for Subpart (1) In this Subpart: " tethered balloon " means a balloon that is attached to the ground, or an object on the ground, by a cable. (2) For this Subpart, the height of a tethered balloon is taken to be the height above ground or water level of the topmost part of its envelope. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.110 Tethered balloons and kites that may be operated outside approved areas (1) A person may operate a tethered balloon or a kite above 400 feet AGL outside an area approved under regulation 101.030 as an area for the operation of unmanned balloons or kites (as the case requires) only if: (a) the mass of the balloon or kite is no more than 15 kilograms; and (b) the horizontal visibility at the time is at least 5 kilometres; and (c) the person gives to CASA the information required by table 101.110 about the proposed operation at least 1 working day before it is due to start. Penalty: 10 penalty units. Note 1: A person can comply with this requirement by telling: (a) if the person is an approved aviation administration organisation--the Australian NOTAM Office; or (b) the appropriate approved aviation administration organisation. See regulation 101.035. Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) If more than 1 tethered balloon or kite is to be operated at a time, such a requirement is a requirement to give the information about each such balloon or kite. Table 101.110 Details of operation of tethered balloon or kite to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will operate the balloon or kite (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the operation) 2 The date and time the operation is to begin, and how long it is to last 3 Where it is to be carried out 4 A brief description of the balloon or kite, including its predominant colour 5 The height to which it is to be operated 6 Its mass 7 If more than 1 tethered balloon or kite is to be operated at a time, how many tethered balloons or kites are to be operated at the time CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.115 Mooring-line marking (1) A person may operate a tethered balloon only if: (a) each mooring line has coloured streamers attached at intervals of no more than 15 metres along it, with the first streamer no more than 150 feet AGL; and (b) the streamers would be visible in normal daylight for at least 1.5 kilometres. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.120 Operation of tethered balloon or kite under cloud (1) A person may operate a tethered balloon or kite under cloud only if he or she keeps the balloon or kite at least 500 feet (measured vertically) below the cloud. Penalty: 10 penalty units. Note: For tethered balloon, see regulation 101.105. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.125 Tethered balloon to be lit at night (1) A person may operate a tethered balloon at night at or above 400 feet AGL only if it is lit so as to be visible in VMC from at least 4 kilometres away. Penalty: 10 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) The lighting required by subregulation (1) may be inside the balloon, on its outside, or on the ground. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.130 Rapid deflation device required (1) A person may operate a tethered balloon only if it is fitted with a device that will cause it to deflate rapidly and completely if it escapes from its mooring. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.135 What to do if tethered balloon escapes (1) If a tethered balloon escapes from its mooring, and the deflation device does not cause it to deflate, the person operating it must tell Airservices Australia as soon as possible: (a) where the balloon was launched; and (b) what time it broke free; and (c) the direction it was headed when last seen. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Subpart 101.E --Unmanned free balloons CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.140 Applicability of this Subpart This Subpart applies to the operation of an unmanned free balloon. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.145 Definitions for Subpart--free balloons (1) For this Subpart: " free balloon " means an unmanned balloon that is not tethered. (2) There are 4 kinds of free balloon: small balloon, light balloon, medium balloon and heavy balloon. (3) In this Subpart: " small balloon " means a free balloon that can carry no more than 50 grams of payload. (4) In this Subpart: " light balloon " means a free balloon that: (a) is no more than 2 metres in diameter at any time during its flight; and (b) can carry no more than 4 kilograms of payload. (5) In this Subpart: " medium balloon " means a free balloon that: (a) may be more than 2 metres in diameter at some time in its flight; and (b) is capable of carrying more than 4 kilograms, but no more than 6 kilograms, of payload. (6) In this Subpart: " heavy balloon " means a free balloon capable of carrying more than 6 kilograms of payload. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.150 Definition for Subpart--approved area In this Subpart: " approved area " means an area approved under regulation 101.030 as an area for the operation or release of unmanned free balloons. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.155 Releasing small balloons (1) A person may release a small balloon only if the person has first complied with any requirements as to approval or notice set out in table 101.155-1. Penalty: 10 penalty units. Note: For small balloon, see subregulation 101.145(3). (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subregulation (1) does not apply if no more than 100 balloons are to be released at once. Table 101.155-1 Requirements for release of small balloons Item Number of balloons to be released at once Distance from place of release to nearest aerodrome less than 3 nautical miles 3-6 nautical miles 6-12 nautical miles over 12 nautical miles 1 101-1 000 approval required NOTAM no approval required no approval required 2 1 001-10 000 approval required approval required NOTAM no approval required 3 Over 10 000 approval required approval required approval required NOTAM (3) In the table, for a combination of a number of balloons to be released and a distance to an aerodrome: " approval required " means that an approval under subregulation (5) is required for the release of that number of balloons at a place within that distance from the nearest aerodrome. " no approval required " means that no such approval is required for the release of that number of balloons at a place within that distance from the nearest aerodrome. " NOTAM " means that CASA's approval is not required, but the person intending to release that number of balloons at a place that distance from the nearest aerodrome must give to CASA the information about the proposed release required by table 101.155-2. Table 101.155-2 Details of release of small balloons to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will release the balloons (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the release) 2 The date and time the release is to begin, and how long it will take 3 Where it is to be carried out 4 How many balloons are to be released 5 The estimated size and mass of any payload Note: CASA will tell the NOTAM Office about the release. (4) A person may apply to CASA, in writing, for approval to release small balloons. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (5) Subject to regulation 11.055, if approval is required under subregulation (1) to release small balloons, CASA must grant the approval. Note 1: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Note 2: CASA will tell the NOTAM Office about the release. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.160 Light balloons that may be released outside approved areas (1) A person may release a light balloon outside an approved area only if the person gives to CASA the information required by table 101.160 at least 1 working day before the proposed release. Penalty: 10 penalty units. Note 1: A person can comply with this requirement by telling: (a) if the person is an approved aviation administration organisation--the Australian NOTAM Office; or (b) the appropriate approved aviation administration organisation. See regulation 101.035. Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). Note 3: For light balloon, see subregulation 101.145(4). (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) If more than 1 balloon is to be released at a time, such a requirement is a requirement to give the information about each such balloon. Table 101.160 Details of release of light balloon to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will release the balloon (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the release) 2 The date and time the release is to begin 3 Where it is to be carried out 4 The estimated size and mass of the balloon's payload 5 If more than 1 balloon is to be released at a time, how many balloons are to be released at the time (3) Subregulation (1) does not require the Bureau of Meteorology to give notice of the proposed release of a light balloon if: (a) the release is part of the Bureau's normal meteorological procedures; and (b) the release location has been notified in AIP or NOTAM. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.165 Release of medium and heavy balloons outside approved areas (1) Subject to subregulation (3), a person may release a medium or heavy balloon outside an approved area only if the person gives to CASA the information required by table 101.165 at least 2 working days before the proposed release. Penalty: 10 penalty units. Note 1: A person can comply with this requirement by telling: (a) if the person is an approved aviation administration organisation--the Australian NOTAM Office; or (b) the appropriate approved aviation administration organisation. See regulation 101.035. Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). Note 3: For heavy balloon and medium balloon, see regulation 101.145. (2) If more than 1 balloon is to be operated at a time, such a requirement is a requirement to give the information about each such balloon. Table 101.165 Details of release of medium or heavy balloon to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will release the balloon (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the release) 2 The date and time the release is to begin 3 Where it is to be carried out 4 The estimated size and mass of the balloon's payload 5 The balloon's flight identification or the project code name 6 The balloon's classification, or a description of the balloon 7 The balloon's SSR code or NDB frequency, and its Morse identification 8 The expected horizontal direction of the balloon's ascent, and the balloon's expected rate of climb 9 The balloon's planned float level (given as pressure altitude) 10 The time the balloon is expected to reach 60 000 feet pressure altitude, and the location over which it is expected to do so 11 The time the flight is expected to end, and where the balloon and its payload are expected to fall 12 If more than 1 balloon is to be released at a time, how many balloons are to be released at the time (3) Subregulation (1) does not require the Bureau of Meteorology to give notice of the proposed release of a medium balloon if: (a) the release is part of the Bureau's normal meteorological procedures; and (b) the release location has been notified in AIP or NOTAM. (4) Subject to subregulation (5), the person must also confirm the details of the proposed release to the air traffic control service that has responsibility for the airspace within which the balloon will be released no later than the earlier of: (a) 6 hours before the expected release time; or (b) the time the balloon begins to be inflated. Penalty: 10 penalty units. (4A) An offence against subregulation (1) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (5) Subregulation (4) does not require the Bureau of Meteorology to confirm the details of the release of a medium balloon with an air traffic control service if: (a) the release is part of the Bureau's normal meteorological procedures; and (b) the release location has been notified in AIP or NOTAM. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.170 Medium and heavy balloons not to be flown low (1) A person who is operating a medium or heavy balloon must not allow it to go below 3 000 feet AGL while it is over a populous area. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. For populous area, see regulation 101.025. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.175 Medium and heavy balloons to be flown in clear sky (1) Subject to subregulations (3) and (4), a person must not operate a medium or heavy balloon below 60 000 feet pressure altitude if, at the altitude at which the balloon is being operated, the horizontal visibility is less than 8 kilometres. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) Subject to subregulations (3) and (4), a person who is operating a medium or heavy balloon must not allow it to remain at an altitude below 60 000 feet pressure altitude at which cloud, fog or mist obscures more than half the sky. Penalty: 10 penalty units. (2A) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subregulations (1) and (2) do not apply to operation outside controlled airspace if CASA approves the operation and the operation is carried out in accordance with the approval. (4) Those subregulations also do not apply to operation in controlled airspace in accordance with an air traffic control clearance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.180 How payload must be supported--medium and heavy balloons (1) A person may operate a medium or heavy balloon only if the means by which the payload is attached to the balloon can support at least 10 times the mass of the payload. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.185 Equipment that must be carried--medium and heavy balloons (1) A person may operate a medium or heavy balloon only if: (a) the balloon is fitted with at least 2 independent ways (either automatic or remotely-operated) of releasing its payload; and (b) if the balloon is not a zero-pressure balloon, it has at least 2 independent ways of ending the flight of the balloon envelope; and (c) either: (i) the balloon envelope carries a radar reflector, or radar-reflective material, that will return an echo to a surface radar operating in the frequency range 200 megahertz to 2 700 megahertz; or (ii) the balloon is fitted with a device to allow it to be continuously tracked by the operator beyond the range of ground-based radar; and (d) if the balloon is operated in an area in which ground-based secondary surveillance radar is in use, it is fitted with an SSR transponder (with altitude-reporting capability) that either operates continuously or can be turned on by the operator if an air traffic control service so requires. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.190 Lighting--medium and heavy balloons (1) A person may operate a medium or heavy balloon below 60 000 feet pressure altitude at night only if both the balloon and its payload are lit (whether or not they become separated during the operation) so as to be visible, under the prevailing conditions, for at least 4 kilometres in all directions. Penalty: 25 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) For subregulation (1), a balloon is being operated at night if the sun is below the balloon's horizon. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.195 Marking--free balloons generally (1) A person may operate a free balloon that carries a trailing antenna that requires a force of more than 230 newtons to break it only if the antenna has coloured streamers or pennants attached to it every 15 metres. Penalty: 25 penalty units. (2) A person may operate a free balloon that carries a payload only if the payload has fixed to it a durable identification plate carrying sufficient information: (a) to identify the payload; and (b) to enable somebody who finds the payload to contact the person who released the balloon. Penalty: 10 penalty units. Note: For free balloon, see regulation 101.145. (3) Subregulation (2) does not apply to a light or medium balloon operated by the Bureau of Meteorology. Note: For light balloon and medium balloon, see regulation 101.145. (4) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.200 Marking by day--heavy balloons (1) A person may operate a heavy balloon (being a heavy balloon that has its payload suspended more than 15 metres below the envelope) above 60 000 feet pressure altitude by day only if: (a) the payload's suspension is coloured in alternate bands of conspicuous colours, or has coloured pennants attached to it; or (b) the balloon has a conspicuous payload-recovery parachute suspended under the envelope, or the balloon is suspended beneath a conspicuous open parachute. Penalty: 25 penalty units. Note: For heavy balloon, see subregulation 101.145(6). (2) For subregulation (1), a balloon is being operated by day if the sun is above the balloon's horizon. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.205 Lighting by night--heavy balloons (1) A person may operate a heavy balloon above 60 000 feet pressure altitude at night only if it is lit so as to be visible in VMC from at least 4 kilometres away. Penalty: 25 penalty units. Note: For heavy balloon, see subregulation 101.145(6). (2) For subregulation (1), a balloon is being operated at night if the sun is below the balloon's horizon. (3) The lighting required by subregulation (1) may be inside the balloon, on its outside, or on the ground. (4) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.210 Obligation to stay in communication with ATC--medium and heavy balloons (1) The operator of a medium or heavy balloon must establish and maintain communication with the relevant air traffic control service from the time the balloon begins to be inflated until the flight ends. Penalty: 25 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) The operator must tell the relevant air traffic control service at least 1 hour before the balloon is launched. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.215 Tracking of flight--medium and heavy balloons (1) The operator of a medium or heavy balloon must track its flight continuously. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) While the balloon is below 60 000 feet pressure altitude, if it cannot be tracked visually from the ground or by radar, the operator must ensure that a tracking aircraft accompanies it continuously. Penalty: 10 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.220 Flight reporting--medium and heavy balloons (1) The operator of a medium or heavy balloon must report the progress of the balloon's flight to the relevant air traffic control service as follows: (a) the operator must tell the service immediately when the balloon is released; (b) the operator must tell the service when the balloon leaves each 10 000-foot level up to 60 000 feet (pressure altitude); (c) the operator must report the balloon's position to the relevant air traffic control service periodically, as follows: (i) when required to do so by the service; (ii) while the balloon is below 60 000 feet pressure altitude--every 10 minutes; (iii) while the balloon is at or above 60 000 feet pressure altitude--every 2 hours; (d) if the operator loses the balloon's position, the operator must tell the service immediately that tracking has been lost and the balloon's last known position; (e) after having re-established tracking of the balloon, the operator must tell the service immediately that tracking has been re-established and the balloon's position at that time. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) If the balloon is being accompanied by a tracking aircraft, the operator must ensure that the crew of the aircraft maintains continuous 2-way communication with the relevant air traffic control service. Penalty: 10 penalty units. (2A) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) A reference in this regulation to the relevant air traffic control service is to be read, at a particular time, as a reference to the air traffic control service that is responsible for the airspace in which the balloon is located at the time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.225 Ending flight and recovery--medium and heavy balloons (1) The operator of a medium or heavy balloon must give to the relevant air traffic control service at least 1 hour's notice of the time the flight is planned to end, and when doing so must also give to the air traffic control service the following information: (a) the balloon's current position and altitude; (b) the estimated time at which, and the estimated location over which, the balloon will pass through 60 000 feet pressure altitude during its descent; (c) the estimated time when, and place where, the payload will fall. Penalty: 10 penalty units. Note: For heavy balloon and medium balloon, see regulation 101.145. (2) The operator may command the balloon to end its flight only: (a) in an emergency; or (b) if cleared to do so by the relevant air traffic control service. Penalty: 50 penalty units. (3) If the operator commands the balloon to end its flight when not cleared by air traffic control to do so, the operator must tell the relevant air traffic control service immediately, and when doing so must also give to it the following information: (a) the balloon's current position and altitude; (b) the estimated time when and place where the payload will fall. Penalty: 10 penalty units. (4) The operator must tell the relevant air traffic control service as soon as possible after the balloon's payload falls. Penalty: 10 penalty units. (4A) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (5) A reference in this regulation to the relevant air traffic control service is to be read, at a particular time, as a reference to the air traffic control service that is responsible for the airspace in which the balloon is located at the time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.230 Direction by ATC to end flight in certain circumstances (1) If a balloon is in controlled airspace and an air traffic control service considers that it poses a hazard to other aircraft, or to people or property on the ground, that service may direct the balloon's operator to end the balloon's flight immediately. (2) The operator must comply with the direction by ending the balloon's flight by the fastest possible method. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Subpart 101.F --UAVs CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.235 Applicability of this Subpart (1) This Subpart applies to: (a) the operation of a large UAV; and (b) the operation of a small UAV for purposes other than sport or recreation. Note 1: There is no practicable distinction between a small UAV and a model aircraft except that of use--model aircraft are flown only for the sport of flying them. Note 2: For large UAV and small UAV, see regulation 101.240. For model aircraft see the Dictionary. (2) Nothing in this Subpart applies to the operation of a UAV if: (a) while it is being operated, the person operating it keeps it in sight; and (b) it is operated in a way that complies with Subpart 101.G. (3) This Subpart does not apply to the operation of a micro UAV. Note 1: See subregulation 101.005(3). Note 2: For micro UAV, see regulation 101.240. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.240 Definitions for Subpart In this Subpart: " approved area " means an area approved under regulation 101.030 as an area for the operation of UAVs. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). " certified UAV controller " means a person certified under Division 101.F.3 as a controller of UAVs. " controller " of a UAV means a person who performs a function that would be, if the UAV were a manned aircraft, a function of its flight crew. " large UAV " means any of the following: (a) an unmanned airship with an envelope capacity greater than 100 cubic metres; (b) an unmanned powered parachute with a launch mass greater than 150 kilograms; (c) an unmanned aeroplane with a launch mass greater than 150 kilograms; (d) an unmanned rotorcraft with a launch mass greater than 100 kilograms; (e) an unmanned powered lift device with a launch mass greater than 100 kilograms. " micro UAV " means a UAV with a gross weight of 100 grams or less. " small UAV " means a UAV that is not a large UAV nor a micro UAV. " UAV " means unmanned aircraft, other than a balloon or a kite. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.245 Operation near people (1) Subject to subregulations (2) and (3), a person must not operate a UAV within 30 metres of a person who is not directly associated with the operation of the UAV. Penalty: 10 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subregulation (1) does not apply in relation to a person who stands behind the UAV while it is taking off. (3) Subregulation (1) also does not prevent the operation of a UAV airship within 30 metres of a person if the airship approaches no closer to the person than 10 metres horizontally and 30 feet vertically. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.250 Where small UAVs may be operated (1) A person may operate a small UAV outside an approved area only if: (a) where the UAV is operated above 400 feet AGL, the operator has CASA's approval to do so; and (b) the UAV stays clear of populous areas. Penalty: 10 penalty units. Note 1: For populous area, see regulation 101.025. For small UAV, see regulation 101.240. Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). Note 3: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.255 Large UAVs--requirement for certificate (1) A person may operate a large UAV only if either a special certificate of airworthiness (restricted category), or an experimental certificate, has been issued for it under Subpart 21.H of Part 21. Penalty: 50 penalty units. Note 1: For large UAV, see regulation 101.240. Note 2: A large UAV is required to carry a manufacturer's data plate and an aircraft registration identification plate--see respectively regulation 21.820 and Subpart 45.D of Part 45. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.260 Maintenance of large UAVs (1) Subdivision 2 of Division 2 of Part 4A of CAR 1988 applies to large UAVs. Note: That is, a large UAV must be maintained as a Class B aircraft. (2) A person who carries out maintenance on a large UAV must comply with any directions given in writing by CASA in relation to the maintenance of the UAV, or the maintenance of UAVs of a class that includes the UAV. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.265 Application of s 20AB of the Act to large UAVs (1) For paragraph 20AB(1)(b) of the Act, a person may act as the controller of a large UAV that is an Australian aircraft if the person is certified as a UAV controller under Division 101.F.3. Note: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235. (2) For that paragraph, a person may perform any other duty that is essential to the operation of a large UAV that is an Australian aircraft even if the person does not hold the appropriate civil aviation authorisation. (3) For subsection 20AB(2) of the Act, and despite anything in regulation 42ZC of CAR 1988, a person may carry out maintenance on: (a) a large UAV that is an Australian aircraft; or (b) an aircraft component for such a UAV; or (c) aircraft material for such a UAV; if the person: (d) holds an airworthiness authority that authorises the maintenance; or (e) carries out the maintenance under the supervision of a person who holds such an authority. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.270 Requirement for UAV operator's certificate (1) A person may operate a UAV for hire or reward only if the person holds a UAV operator's certificate that authorises the person to operate the UAV. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.275 Approval of operation of large UAVs (1) A person may operate a large UAV only with CASA's approval. Penalty: 50 penalty units. (1A) A person may apply to CASA, in writing, for approval to operate a large UAV. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (1B) Subject to regulation 11.055, CASA must grant the approval if: (a) the person is certificated as an operator of large UAVs; and (b) the operation would not contravene any condition of the certification. Note 1: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Note 2: For certification as an operator of UAVs, see Division 101.F.4. (3) Without limiting regulations 11.056 and 11.067, CASA may impose conditions on an approval: (a) prohibiting the operation of the relevant UAV at night or in conditions other than VMC; or (b) restricting the extent to which the UAV may be operated at night or in conditions other than VMC; or (c) requiring the UAV to stay within a specified area, or (d) requiring the operator to make specified broadcasts. (6) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.280 UAVs not to be operated over populous areas (1) In this regulation: " certificated UAV " means a UAV for which a certificate of airworthiness has been issued. (2) A person must not operate a UAV that is not a certificated UAV over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area. Penalty: 50 penalty units. Note 1: For populous area, see regulation 101.025. For UAV, see regulation 101.240. Note 2: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235. (3) Without the approval of CASA, a person must not operate a certificated UAV over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area. Penalty: 50 penalty units. (3A) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) In considering whether to give an approval under subregulation (3), CASA must take into account: (a) the degree of redundancy in the UAV's critical systems; and (b) any fail-safe design characteristics of the UAV; and (c) the security of its communications and navigation systems. (5) Before giving an approval under subregulation (3), CASA must be satisfied that the person who intends to operate the UAV will take proper precautions to prevent the proposed flight being dangerous to people and property. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.285 Use of aeronautical radio (1) A person may control a UAV in controlled airspace only if he or she: (a) holds an aeronautical radio operator certificate; and (b) maintains a listening watch on a specified frequency or frequencies; and (c) makes broadcasts on a specified frequency or frequencies at the specified interval giving the specified information. Penalty: 25 penalty units. Note: This Subpart does not apply to the operation of micro UAVs--see subregulation 101.235(3). (2) In subregulation (1): " specified frequency " for particular airspace means a frequency specified from time to time in AIP or by ATC as a frequency for use in the airspace. " specified information " for particular airspace means information specified from time to time in AIP or by ATC as information that must be broadcast in the airspace. " specified interval " for particular airspace means the interval specified from time to time in AIP or by ATC as the interval at which broadcasts must be made while in that airspace. (3) CASA may direct that a particular person must not control a UAV unless the person: (a) holds an aeronautical radio operator certificate; and (b) maintains a listening watch on a frequency or frequencies specified in the direction; and (c) makes broadcasts: (i) on a frequency or frequencies; and (ii) at intervals; and (iii) giving information-- specified in the direction. (4) The person must comply with the direction. Penalty: 50 penalty units. (5) CASA may direct, in regard to a particular UAV or type of UAV, that a person must not control the UAV, or a UAV of that type, unless he or she: (a) holds an aeronautical radio operator certificate; and (b) maintains a listening watch on a frequency or frequencies specified in the direction; and (c) makes broadcasts: (i) on a frequency or frequencies; and (ii) at intervals; and (iii) giving information-- specified in the direction. (6) The person must comply with the direction. Penalty: 50 penalty units. (7) For subregulations (3) and (5), CASA may specify that a frequency is to be a frequency specified under paragraph 99A(3)(b) of CAR for a particular area or aerodrome. (8) An offence against subregulation (1), (4) or (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a UAV controller. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.290 Application for certification as UAV controller (1A) An individual may apply to CASA, in writing, for certification as a UAV controller. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (1) An application for certification as a UAV controller must include the following information: (a) details of any flight crew licence, air traffic control licence or flight service licence that the applicant holds (including details of ratings, endorsements and qualifications); (b) details of any aeronautical experience that the applicant has; (c) details of any aviation theory examinations the applicant has passed (other than any examination passed in the course of gaining a licence mentioned in paragraph (a)); (d) if the applicant does not hold a licence mentioned in paragraph (a), details of any aeronautical radio operator certificate that the applicant holds; (e) details of the applicant's experience in operating UAVs; (f) evidence of the completion of any training course in UAV operation that the applicant has undertaken. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.295 Eligibility for certification as UAV controller (2) Subject to regulation 11.055, CASA must certify an applicant as a UAV controller if he or she: (a) qualifies for the issue of an aeronautical radio operator certificate; and (b) has been awarded a pass in an aviation licence theory examination (other than a flight radio operator's examination); and (c) has been awarded a pass in an instrument rating theory examination; and (d) has completed a training course in the operation of the type of UAV that he or she proposes to operate, conducted by the UAV's manufacturer; and (e) has at least 5 hours experience in operating UAVs outside controlled airspace. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, a certificate; or (b) a decision imposing a condition on a certificate. See also section 31 of the Act. (3) A person who holds or has held: (a) a flight crew licence with an instrument rating; or (b) a military qualification equivalent to a licence and rating mentioned in paragraph (a); or (c) an air traffic control licence, or a military qualification equivalent to an air traffic control licence; is taken to satisfy the conditions in paragraphs (2)(a), (b) and (c). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.300 Conditions on certification as UAV controller (2) Without limiting regulations 11.056 and 11.067, a condition may: (a) allow the person to control UAVs of only specified kinds; or (b) limit the areas where he or she may control UAVs; or (c) allow him or her to control UAVs only in VMC. (3) It is a condition of a UAV controller's certification that he or she must not operate a UAV in controlled airspace unless he or she holds an aeronautical radio operator certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.315 Notice to certified UAV controller to show cause (1) CASA may give a show cause notice to a certified UAV controller if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the certification under regulation 101.320. (2) A show cause notice must: (a) tell the controller of the facts and circumstances that, in CASA's opinion, would justify the cancellation of the certification under regulation 101.320; and (b) invite the controller to show in writing, within a reasonable time stated in the notice, why the certification should not be cancelled. (3) A show cause notice may state that the certification is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the certification were not suspended. (4) If a show cause notice states that the certification is suspended, the certification is suspended from when the notice is given to the holder. (5) CASA may at any time revoke the suspension. (6) If the approval is suspended and CASA has not dealt with it under regulation 101.320 within 90 days after the day it is suspended, the suspension lapses at the end of that period. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.320 Cancellation of UAV controller's certification (1) CASA may cancel a certified UAV controller's certification by written notice to the controller, if: (a) CASA has given to the controller a show cause notice under regulation 101.315 in relation to it; and (b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the controller; and (c) there are reasonable grounds for believing that the controller: (i) has operated a UAV in contravention of these Regulations or of a condition of the certification; or (ii) has operated the UAV negligently or carelessly; or (iii) in operating the UAV, has recklessly endangered human life or property. (2) If CASA has given a show cause notice under regulation 101.315 to a certified UAV controller, and it decides not to cancel the approval, it: (a) must tell the controller in writing of the decision; and (b) must, if the controller's certification is suspended under that regulation, revoke the suspension. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a UAV operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.330 Application for certification as UAV operator (1A) A person may apply to CASA, in writing, for certification as a UAV operator. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (1) An application for certification as a UAV operator must include: (a) details of: (i) the applicant's structure and organisation; and (ii) its staff and their qualifications and experience (including, in particular, the names, qualifications, experience, duties and functions of the persons who are to be the applicant's chief UAV controller and maintenance controller); and (iii) its facilities and equipment; and (iv) its practices and procedures; and (b) a general description of the proposed operations, including the type or types of UAV to be used. (2) The application must be accompanied by a copy of each of the applicant's manuals relevant to the operation of UAVs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.335 Eligibility for certification as UAV operator (1A) Subject to regulation 11.055, CASA must certify an applicant as a UAV operator if the applicant is eligible to be certificated as a UAV operator in accordance with this regulation. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to grant, or cancelling, suspending or varying, a certificate; or (b) a decision imposing a condition on a certificate. See also section 31 of the Act. (1) A person is eligible to be certificated as a UAV operator if: (a) the person has an organisation and structure that is appropriate for safe operation of UAVs; and (b) the person has enough qualified and experienced personnel to undertake the proposed operations safely; and (c) the person has facilities and equipment appropriate to carry out the proposed operations using UAVs of the type to be used; and (d) the person has suitable practices and procedures to do so; and (e) if necessary, the flight crew are certified as UAV controllers and hold aeronautical radio operator certificates; and (f) the person has nominated suitable persons to be its chief UAV controller and maintenance controller. (2) A body that is not a legal person is not eligible to be certified as a UAV operator. (3) Two or more persons cannot be certified jointly as a UAV operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.340 Conditions on certification (1) It is a condition of the certification of a person as a UAV operator that the person: (a) maintains within its organisation a position of chief UAV controller having at least the functions and duties of a chief controller set out in Annex 3 of Advisory Circular 101.1, as issued by CASA from time to time; and (b) employs as its chief UAV controller a person who is certified as a UAV controller and who is competent to carry out those duties and perform those functions; and (c) either: (i) maintains a position within its organisation of maintenance controller, with the functions and duties set out in that Annex; or (ii) has an arrangement with another qualified and competent person to carry out those functions and duties; and (d) if it maintains within its organisation a position of maintenance controller--employs as its maintenance controller a person who is competent to carry out the duties and perform the functions of a maintenance controller. (2) If the UAV operator operates more than 1 UAV, the chief UAV controller must carry out the duties and functions of a chief UAV controller on a full-time basis. (4) Without limiting regulations 11.056 and 11.067, a condition may: (a) allow the person to operate UAVs of only specified kinds; or (b) allow the person to operate UAVs only for specified purposes; or (c) limit the areas where the person may operate UAVs; or (d) allow the person to operate UAVs only in VMC. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.360 Notice to certified UAV operator to show cause (1) CASA may give a show cause notice to a certified UAV operator if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 101.365. (2) A show cause notice must: (a) tell the holder of the facts and circumstances that, in CASA's opinion, would justify the cancellation of the certification under regulation 101.320; and (b) invite the operator to show in writing, within a reasonable time stated in the notice, why the certification should not be cancelled. (3) A show cause notice may state that the certification is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the approval were not suspended. (4) If a show cause notice states that the certification is suspended, the certification is suspended from when the notice is given to the holder. (5) CASA may at any time revoke the suspension. (6) If the approval is suspended and CASA has not dealt with it under regulation 101.320 within 90 days after the day it is suspended, the suspension lapses at the end of that period. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.365 Cancellation of UAV operator's certification (1) CASA may cancel a certified UAV operator's certification by written notice to the operator, if: (a) CASA has given to the operator a show cause notice under regulation 101.315 in relation to it; and (b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and (c) there are reasonable grounds for believing that: (i) the operator has operated a UAV in contravention of these Regulations or of a condition of the certification; or (ii) an employee of the operator has operated a UAV negligently or carelessly; or (iii) an employee of the operator, in operating a UAV, has recklessly endangered human life or property. (2) If CASA has given a show cause notice under regulation 101.315 to a certified UAV operator, and it decides not to cancel the approval, it: (a) must tell the operator in writing of the decision; and (b) must, if the operator's certification is suspended under that regulation, revoke the suspension. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. Subpart 101.G --Model aircraft CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.375 Applicability of this Subpart This Subpart applies to the operation of model aircraft weighing 100 grams or more (except operation mentioned in paragraph 101.005(3)(a) or (b)). Note 1: For model aircraft, see the Dictionary. Note 2: This Subpart does not apply to: (a) a control-line model aircraft (that is, a model aircraft that is constrained to fly in a circle, and is controlled in attitude and altitude, by means of inextensible wires attached to a handle held by the person operating the model); or (b) a model aircraft flown indoors. See subregulation 101.005(3). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.380 Definitions for Subpart In this Subpart: " approved area " means an area approved under regulation 101.030 as an area for the operation of model aircraft. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). " giant model aircraft " means a model aircraft that has a take-off mass (excluding fuel) of more than 25 kilograms, but not more than 150 kilograms. Note: For model aircraft, see the Dictionary. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.385 Visibility for operation of model aircraft (1) A person may operate a model aircraft only if the visibility at the time is good enough for the person operating the model to be able to see it continuously. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.390 Operating model aircraft at night (1) A person may operate a model aircraft at night only in accordance with the written procedures of an approved aviation administration organisation. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.395 Keeping model aircraft away from people (1) A person must not operate a model aircraft over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area. Penalty: 50 penalty units. Note: For populous area, see regulation 101.025. (2) Subject to subregulations (3) and (4), somebody who is operating a powered model aircraft must ensure that, while the model aircraft is in flight, or is landing or taking off, it stays at least 30 metres away from anyone not directly associated with the operation of model aircraft. Penalty: 50 penalty units. (3) Subregulation (2) is not contravened if somebody stands behind the model aircraft while it is taking off. (4) Subregulation (2) is also not contravened if, as part of a model flying competition, a model aircraft is flown within 30 metres of somebody who is judging the competition. (5) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.400 Operation of model aircraft outside approved areas (1) A person may operate a model aircraft outside an approved area above 400 feet AGL only if he or she: (a) keeps it in sight; and (b) keeps it clear of populous areas. Penalty: 10 penalty units. Note 1: For populous area, see regulation 101.025. Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.405 Giant model aircraft (1) A person may operate a giant model aircraft only in accordance with: (a) the rules and procedures of an approved aviation administration organisation; or (b) an approval given by CASA. Penalty: 50 penalty units. Note: For giant model aircraft, see regulation 101.380. (2) CASA may impose a condition on the operation of a giant model aircraft if the condition is reasonably necessary in the circumstances in the interests of aviation safety. (3) The operator of a giant model aircraft must comply with any condition imposed under subregulation (2). Penalty: 50 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.410 Model flying displays (1) A person may conduct a model aircraft flying display only in compliance with subregulation (2) or (3). Penalty: 50 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) A person complies with this subregulation if the display is conducted: (a) in an approved area; and (b) in accordance with the rules and procedures of an approved aviation administration organisation. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). (3) A person complies with this subregulation if the display is conducted in accordance with the following conditions and any other conditions imposed by CASA under subregulation (4): (a) at least 21 days before the display, somebody is nominated as the organiser of the display; (b) at least 21 days before the display, he or she gives to CASA the following information: (i) his or her name, address and telephone number; (ii) the proposed program of flying; (iii) where the display will be held, and how big the intended flying field is; (iv) how many spectators are expected, and where they will be; (c) he or she ensures that: (i) having regard to the events making up the display, proper precautions are taken for the safety of the participants and spectators; and (ii) the operators participating in the display are competent to carry out each proposed manoeuvre safely. (4) CASA may impose a condition on the conduct of a model flying display if in the circumstances the condition is reasonably necessary in the interests of aviation safety. Subpart 101.H --Rockets CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.415 Applicability of this Subpart This Subpart applies to the operation of rockets of all kinds, except rockets mentioned in paragraph 101.005(3)(f). Note 1: That is, this Subpart does not apply to a firework rocket not capable of rising more than 400 feet AGL. See paragraph 101.005(3)(f). Note 2: Rocket in this Subpart does not include a rocket-powered aircraft--see regulation 101.425. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.420 Application of State and Territory laws about rockets (1) If a law of a State or Territory deals with the operation or use of rockets, and is not inconsistent with this Subpart, nothing in this Subpart affects the operation of the law. (2) For subregulation (1), a law of a State or Territory is not inconsistent with this Subpart if it is possible to comply with both this Subpart and the State or Territory law at once. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.425 Definitions for Subpart In this Subpart: " approved area " means an area approved under regulation 101.030 as an area for the operation of rockets. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). " high power rocket " means a rocket that is not a model rocket, and, to avoid doubt, includes: (a) a sounding rocket; and (b) a sub-orbital rocket; and (c) a launch vehicle (within the meaning given by the Space Activities Act 1998). " model rocket " means a rocket that: (a) weighs no more than 1 500 grams; and (b) carries no more than 125 grams of propellant; and (c) produces no more than 320 newton-seconds of impulse; and (d) is made of balsa, wood, paper or plastics or a combination of those materials, but contains no metal as structural parts. " rocket " does not include a rocket-powered or rocket-assisted aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.430 Launching rocket in or over prohibited or restricted area (1) A person may launch a rocket (including a model rocket) in or over a prohibited area, or in or over a restricted area, only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area. Penalty: 25 penalty units. Note: For prohibited area and restricted area, see regulation 6 of the Airspace Regulations 2007. Details of prohibited or restricted areas are published in the AIP or a NOTAM. (2) In subregulation (1): " authority controlling the area " means: (a) in the case of a prohibited area--the Secretary to the Department of Defence; and (b) in the case of a restricted area--the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.435 Launching rockets into controlled airspace (1) A person may launch a rocket (including a model rocket) to higher than 400 feet AGL in controlled airspace only: (a) in an approved area; or (b) in accordance with an air traffic control clearance. Penalty: 50 penalty units. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.440 Launching rockets near aerodromes (1) A person may launch a rocket that is not a small model rocket to higher than 400 feet AGL within 3 nautical miles of an aerodrome only if: (a) doing so is permitted by another provision of this Part; or (b) permission has been given for the operation under regulation 101.445. Penalty: 25 penalty units. Note 1: For model rocket, see regulation 101.425. Note 2: Some special provisions apply to model rockets--see regulation 101.470. (2) In subregulation (1): " small model rocket " means a model rocket that weighs less than 500 grams and either: (a) uses no more than 25 grams of propellant; or (b) produces no more than 20 newton-seconds of impulse. (3) A person may launch a rocket (including both a small model rocket and any other model rocket) from or over an area mentioned in paragraph (4)(a) or (b) only if: (a) doing so is permitted by another provision of this Part; or (b) permission has been given for the operation under regulation 101.445. Penalty: 25 penalty units. (4) The areas for subregulation (3) are: (a) a movement area or runway of an aerodrome; and (b) the approach or departure path of a runway of an aerodrome. (5) An offence against subregulation (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.445 Getting permission for launch of rocket near aerodrome (1) The authority that must give permission for regulation 101.440 is: (a) if the aerodrome concerned is a controlled aerodrome--the air traffic control service for the aerodrome; or (b) in the case of any other aerodrome--CASA. (2) A person applies for permission under this regulation by giving to the relevant authority mentioned in subregulation (1) the information required by table 101.445, so far as relevant to the proposed launch: Table 101.445 Details of launching of rocket to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will launch the rocket (or, if several people will be involved, the name, address and telephone number of the person who will coordinate the launching) 2 The date and time the rocket is to be launched 3 Where it is to be carried out 4 The size and mass of the rocket 5 The estimated greatest altitude or flight level that the rocket will reach 6 If more than 1 rocket is to be launched at a time, how many rockets are to be launched at the time (3) If more than 1 rocket is to be launched at a time, such a requirement is a requirement to give the information about each such launch. (4) Regulation 101.035 does not authorise a person who or that applies for permission under this regulation to make the application to a body mentioned in paragraph 101.035(1)(a) or (b). (5) An authority mentioned in subregulation (1) may impose conditions on a permission in the interests of the safety of air navigation. (6) A person must not contravene a condition imposed under subregulation (5). Penalty: 50 penalty units. (7) An offence against subregulation (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.450 High power rockets (1) A person may launch a high power rocket, or permit a high power rocket to be launched, only in an approved area. Penalty: 10 penalty units. Note 1: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). Note 2: For high power rocket, see regulation 101.425. (2) A person may launch a high power rocket, or permit a high power rocket to be launched, only if the person gives the details listed in the table following subregulation 101.445(2) to CASA at least 1 working day before the intended time of the launch. Penalty: 10 penalty units. Note: A person can comply with this requirement by telling: (a) if the person is an approved aviation administration organisation--the Australian NOTAM Office; or (b) the appropriate approved aviation administration organisation. See regulation 101.035. (3) If more than 1 rocket is to be launched at a time, such a requirement is a requirement to give the information about each such rocket. (4) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.455 Maximum operating height of rockets (1) A person may launch a rocket that is not a model rocket to higher than 400 feet AGL only: (a) in an approved area; or (b) as permitted by another provision of this Part. Penalty: 10 penalty units. Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart--see subregulation 101.030(5). (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.460 Dropping or discharging of things from rockets (1) A person must not cause anything to be dropped or discharged from a rocket in a way that creates a hazard to an aircraft. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.465 Weather and day limitations--rockets other than model rockets (1) A person may launch a rocket that is not a model rocket: (a) in or into cloud; or (b) at night; or (c) in conditions other than VMC; only as permitted by another provision of this Part, or in accordance with an air traffic control clearance. Penalty: 10 penalty units. Note: For model rocket, see regulation 101.425. (2) However, subregulation (1) does not prevent rockets being operated as part of a firework display. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.470 Model rockets (1) A person must not launch a model rocket into cloud. Penalty: 10 penalty units. Note: For model rocket, see regulation 101.425. (2) A person must not launch a model rocket to higher than 400 feet AGL within 5 nautical miles of an aerodrome. Penalty: 10 penalty units. (2A) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subject to subregulations (1) and (2) and Subpart 101.B, a person may launch a model rocket outside an approved area, or at night. Subpart 101.I --Firework displays CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.475 What this Subpart does This Subpart regulates the conduct of certain firework displays, to the extent necessary to prevent them being a hazard to the safety of air navigation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.480 Application of State and Territory laws about fireworks (1) If a law of a State or Territory deals with the use of fireworks, and is not inconsistent with this Subpart, nothing in this Subpart affects the operation of the law. (2) For subregulation (1), a law of a State or Territory is not inconsistent with this Subpart if it is possible to comply with both this Subpart and the State or Territory law at once. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.485 Meaning of operate a firework display For this Subpart, a person operates a firework display if the person places the fireworks for the display, or fires them off. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.490 Certain projectiles prohibited in firework displays (1) A person may use, in a firework display, a projectile that is capable of reaching more than 400 feet AGL only if CASA so approves. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.495 Firework displays not permitted near aerodromes (1) A person may operate a firework display in or over an area mentioned in paragraph (2)(a) or (b) only if subregulation (3) or (4) applies to the display. Penalty: 10 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) The areas for subregulation (1) are: (a) a movement area or runway of an aerodrome; and (b) the approach or departure path of a runway of an aerodrome. (3) This subregulation applies to a firework display if: (a) permission for the display has been given by: (i) if the aerodrome is a controlled aerodrome--the air traffic control service for the aerodrome; and (ii) in the case of any other aerodrome--CASA; and (b) the person who proposes to operate the display has, before doing so, given to CASA the details required by table 101.500. (4) This subregulation applies to a firework display if the fireworks are set off on or near domestic premises by or for somebody who lives there. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.500 Notice to CASA of certain firework displays (1) A person may operate a firework display at a place within 3 nautical miles of an aerodrome only if the person has given at least 2 working days' notice to CASA. Penalty: 10 penalty units. (2) However, subregulation (1) does not apply if: (a) the fireworks are set off on or near domestic premises by or for somebody who lives there; and (b) either: (i) if a law of a State or Territory allows fireworks to be set off in that place only on a particular day or days--the fireworks are set off on such a day; or (ii) if there is no such law in that place--the fireworks are set off on a day on which fireworks are customarily set off on domestic premises in that place. (3) When the person tells CASA, the person must also give to CASA the information required by table 101.500. Table 101.500 Details of firework display to be given to CASA Item Information to be provided 1 The name, address and telephone number of the person who will operate the display (or, if several people will be involved in its operation, the name, address and telephone number of the person who will coordinate it) 2 The date the display is to begin, the starting time, and how long it is to last 3 Where it is to be given 4 How many projectiles capable of reaching more than 400 feet AGL are to be used in the display 5 A general description of the pyrotechnic characteristics of each such projectile 6 The estimated highest altitude that any projectile can reach 7 The maximum burst radius of the pyrotechnics in a projectile (4) CASA may impose a condition on the operation of a firework display if the condition is reasonably necessary in the circumstances in the interests of the safety of air navigation. (5) A person operating a display must comply with any condition imposed under subregulation (4). Penalty: 50 penalty units. (6) An offence against subregulation (1) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Part 103 --Sport and recreational aviation operations Note: This Part heading is reserved for future use. Part 105 --Sport and recreational parachuting from aircraft Note: This Part heading is reserved for future use. Part 115 --Commercial sport and recreational aviation operations Note: This Part heading is reserved for future use. Part 117 --Representations and surveys Contents of Part 117 117.005 What this Part is about 117.010 Misrepresentations about holding certain civil aviation authorisations 117.015 Safety-related surveys or questionnaires--holders of certain civil aviation authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 117.005 What this Part is about This Part provides for offences for: (a) misrepresentations about holding certain civil aviation authorisations; and (b) not completing safety-related surveys or questionnaires. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 117.010 Misrepresentations about holding certain civil aviation authorisations (1) A person commits an offence if: (a) the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and (b) the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and (c) under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Note: For the definition of civil aviation authorisation, see section 3 of the Act. 117.015 Safety-related surveys or questionnaires--holders of certain civil aviation authorisations (1) CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to: (a) complete a safety-related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and (b) submit the completed survey or questionnaire to CASA within the time stated in the notice. (2) For subregulation (1), the persons are the following: (a) the holder of an AOC; (b) a Part 141 operator who conducts flight training in aircraft. (3) The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension. (4) CASA may, by written notice given to the person (the notice of extension), grant the extension. (5) The person commits an offence if the person does not comply with the direction within: (a) if CASA grants an extension under subregulation (4)--the time stated in the notice of extension; or (b) if paragraph (a) does not apply--the time stated in the notice under subregulation (1). Penalty: 25 penalty units. (6) An offence against this regulation is an offence of strict liability. Part 119 --Air operator certification--commercial air transport Note: This Part heading is reserved for future use. Part 121 --Commercial air transport operations (aeroplanes) Note: This Part heading is reserved for future use. Part 129 --Foreign air transport operators--certification and operating requirements Table of contents Subpart 129.A--Foreign air transport operations--general 129.005 What Part 129 is about 129.020 Approvals by CASA for Part 129 129.025 Prescribed purpose--foreign air transport operations 129.030 Foreign air transport operations--foreign air transport AOC required 129.035 Foreign air transport operations--compliance with foreign air transport AOCs 129.040 Foreign air transport operations--compliance with conditions of foreign air transport AOCs Subpart 129.B--Foreign air transport AOCs 129.045 Foreign air transport AOC--information and documents that may be required 129.050 Foreign air transport AOC--manner of giving CASA information etc. 129.055 Foreign air transport AOC--conditions for issue 129.060 Foreign air transport AOC--conditions 129.065 Foreign air transport AOC--requirement to give notice of certain events Subpart 129.C--Foreign air transport operations--operating requirements 129.070 Foreign air transport operations--compliance with certain Part 91 provisions 129.075 Foreign air transport operations--compliance with Annex 6 129.080 Foreign air transport operations--common language for crew 129.085 Foreign air transport operations--flights to be in accordance with IFR or approval 129.090 Foreign air transport operations--flight crew licences 129.095 Foreign air transport operations--air displays 129.100 Foreign air transport operations--low-visibility operations 129.105 Foreign air transport operations--flying in formation 129.110 Foreign air transport operations--simulated IMC prohibited 129.115 Foreign air transport operations--simulated emergency and abnormal procedures prohibited 129.120 Foreign air transport operations--aerobatic manoeuvres prohibited 129.125 Foreign air transport operations--maximum period for use of Australian aircraft in Australian territory Subpart 129.M--Foreign air transport operations--airworthiness 129.200 Foreign air transport operations--certificates of airworthiness 129.205 Foreign air transport operations--continuing airworthiness Subpart 129.N--Foreign air transport operations--flight crew 129.250 Foreign air transport operations--flight crew experience for aircraft covered by overseas rating 129.255 Foreign air transport operations--co-pilot Subpart 129.A --Foreign air transport operations --general CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.005 What Part 129 is about This Part makes provision for: (a) applicants for, and holders of, AOCs that authorise the operation of aircraft for foreign air transport operations; and (b) operating requirements for aircraft engaged in foreign air transport operations. Note 1: Part 92 (Consignment and carriage of dangerous goods by air) applies to all foreign aircraft (other than state aircraft) operating in Australian territory: see paragraph 92.005(1)(b). Note 2: See also Division 2 of Part III of the Act in relation to AOCs generally. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.020 Approvals by CASA for Part 129 (1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval. (2) Subject to regulation 11.055, CASA must grant the approval. (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.025 Prescribed purpose--foreign air transport operations For subsection 27(9) of the Act, the flying or operation of any aircraft for a foreign air transport operation is a prescribed purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.030 Foreign air transport operations--foreign air transport AOC required (1) A person contravenes this subregulation if: (a) the person conducts a foreign air transport operation; and (b) the person does not hold a foreign air transport AOC that authorises the person to conduct the foreign air transport operation. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.035 Foreign air transport operations--compliance with foreign air transport AOCs (1) A person contravenes this subregulation if: (a) the person conducts a foreign air transport operation; and (b) the person: (i) holds a foreign air transport AOC that authorises the person to conduct the foreign air transport operation; but (ii) conducts the operation in a way that contravenes the AOC. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.040 Foreign air transport operations--compliance with conditions of foreign air transport AOCs (1) A foreign air transport operator contravenes this subregulation if the operator does not comply with a condition of its foreign air transport AOC. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Subpart 129.B --Foreign air transport AOCs CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.045 Foreign air transport AOC--information and documents that may be required For subparagraph 27AC(1)(c)(iii) of the Act, the information and documents that CASA may require from a foreign operator who is an applicant for a foreign air transport AOC are the following: (a) any business name, other than the name stated in the operator's foreign certificate, under which the operator may operate; (b) the operator's contact details in the country that issued the foreign certificate, including its mailing address; (c) the operator's contact details in Australia, including its mailing address; (d) the aircraft types that the operator proposes to use; (e) the registration and serial numbers of each aircraft that the operator proposes to use; (f) a minimum equipment list, or equivalent document, for each aircraft that the operator proposes to use; (g) the aerodromes, areas of operation and routes that the operator proposes to use; (h) if the operator is not an individual--the operator's certificate of incorporation or registration as a body corporate, or equivalent document; (i) any of the following manuals or equivalent documents: (i) the operator's continuing airworthiness management manual; (ii) the operator's operations manual; (iii) the operator's training and checking manual; (iv) the operator's dangerous goods manual. Note: Under other provisions of section 27AC, and also section 27AE, of the Act, CASA may request other information and documents from an applicant for a foreign air transport AOC. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.050 Foreign air transport AOC--manner of giving CASA information etc. If, under section 27AB, 27AC or 27AE of the Act, an applicant for a foreign air transport AOC is required to lodge, or give CASA, a manual, information or a document, the operator must lodge, or give CASA, the manual, information or document in English. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.055 Foreign air transport AOC--conditions for issue (1) It is a condition for the issue of a foreign air transport AOC to a foreign operator that CASA is satisfied of the following: (a) the operator holds a foreign certificate that authorises the operator to conduct each operation covered by the application; (b) the national aviation authority that issued the foreign certificate meets the requirement mentioned in subregulation (2); (c) for each aircraft to be operated under the AOC, the operator holds a certificate of airworthiness issued in accordance with Annex 8, Airworthiness of Aircraft, to the Chicago Convention; (d) for each foreign registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention; (e) for each registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft; (f) the operator has a safety management system that meets the standards set out in Annex 19, Safety Management, to the Chicago Convention. Note: These matters are in addition to the matters specified in section 28 (CASA must issue AOC if satisfied about certain matters) of the Act. (2) For paragraph (1)(b), the requirement is that: (a) the authority is the national aviation authority of a Contracting State and carries out its functions in respect of foreign air transport operations in accordance with the Chicago Convention; or (b) the authority is not the national aviation authority of a Contracting State but carries out functions that are at least equivalent to the functions mentioned in paragraph (a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.060 Foreign air transport AOC--conditions For paragraph 28BA(1)(b) of the Act, each of the following is a condition of a foreign air transport AOC issued to an operator: (a) the operator must conduct the operations authorised by the AOC: (i) using only the aircraft types that are authorised for use by the AOC; and (ii) if the AOC limits the operations to particular aircraft--using only those aircraft; and (iii) using only the aerodromes, areas of operation and routes authorised by the AOC; (b) the operator must not use an aircraft to conduct a low-visibility operation or a land and hold short operation in Australian territory unless the AOC authorises the use of the aircraft for the operation; (c) the operator must not conduct an operation authorised by the AOC unless the operation is also authorised by: (i) the operator's foreign certificate and the operations specifications issued in relation to the foreign certificate; or (ii) an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to the operation; (d) the operator must not conduct an operation authorised by the AOC in contravention of any of the following that applies to the operation: (i) a limitation or condition mentioned in paragraph 27AE(1)(b) of the Act; (ii) a requirement mentioned in paragraph 27AE(1)(c) of the Act; (e) for each foreign registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention; (f) for each registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft; (g) the operator must have a safety management system that meets the standards set out in Annex 19, Safety Management, to the Chicago Convention. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.065 Foreign air transport AOC--requirement to give notice of certain events (1) This regulation applies to a foreign air transport operator if an event mentioned in subregulation (2) happens in relation to: (a) the operator's foreign certificate; or (b) an operations specification issued in relation to the certificate; or (c) an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to an operation conducted under the operator's foreign certificate. (2) For subregulation (1), the events are the following: (a) the foreign certificate, operations specification or operational authorisation expires and is not renewed; (b) the operator is notified by the national aviation authority that issued the certificate, specification or authorisation that action may be taken to vary, suspend or cancel the certificate, specification or authorisation; (c) the certificate, specification or authorisation is varied, suspended or cancelled; (d) a new operations specification or operational authorisation that applies to an operation conducted under the operator's foreign certificate is issued to the operator. (3) The foreign air transport operator contravenes this subregulation if the operator does not tell CASA, in writing, that the event has happened within 7 days after the day the event happens. (4) A person commits an offence of strict liability if the person contravenes subregulation (3). Penalty: 50 penalty units. Subpart 129.C --Foreign air transport operations--operating requirements CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.070 Foreign air transport operations--compliance with certain Part 91 provisions Note: This regulation is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.075 Foreign air transport operations--compliance with Annex 6 Aeroplanes (1) The operator of an aeroplane contravenes this subregulation if: (a) the operator operates the aeroplane for a foreign air transport operation; and (b) the operation is conducted in a way that contravenes a standard set out in Part I of Annex 6, Operation of Aircraft, to the Chicago Convention. Helicopters (2) The operator of a helicopter contravenes this subregulation if: (a) the operator operates the helicopter for a foreign air transport operation; and (b) the operation is conducted in a way that contravenes a standard set out in Part III of Annex 6, Operation of Aircraft, to the Chicago Convention. Compliance with more stringent requirements under this Part (3) To avoid doubt, if a provision of this Part imposes a more stringent requirement than the comparable requirement of a standard mentioned in paragraph (1)(b) or (2)(b), the operator must comply with the more stringent requirement. Offence (4) A person commits an offence if the person contravenes subregulation (1) or (2). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.080 Foreign air transport operations--common language for crew (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if all crew members for the flight are not able to communicate orally with each other in a common language. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.085 Foreign air transport operations--flights to be in accordance with IFR or approval (1) The operator and the pilot in command of an aircraft engaged in a flight that is a foreign air transport operation each contravene this subregulation if the operation of the aircraft does not meet the requirement mentioned in subregulation (2). (2) For subregulation (1), the requirement is that the aircraft must be operated in accordance with: (a) the IFR; or (b) an approval under regulation 129.020 held by the operator for the aircraft to be operated otherwise than in accordance with the IFR. (3) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.090 Foreign air transport operations--flight crew licences (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if a flight crew member for the flight does not hold a licence (however described) that: (a) authorises the flight crew member to carry out the duties assigned to the member for the flight by the operator; and (b) is issued or authorised by the national aviation authority of the aircraft's State of registry. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.095 Foreign air transport operations--air displays (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if the aircraft is flown in an air display. (2) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if: (a) the aircraft is flown below 1 000 ft AGL at an aerodrome at which an air display is being conducted; and (b) the requirement mentioned in subregulation (3) is not met. (3) For paragraph (2)(b), the requirement is that: (a) the operator must hold an approval under regulation 129.020 for the aircraft to be flown below 1 000 ft AGL while the air display is being conducted; or (b) the aircraft must be taking off or landing for a flight that is not part of the air display. (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.100 Foreign air transport operations--low-visibility operations Note: This regulation is reserved for future use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.105 Foreign air transport operations--flying in formation (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight: (a) the aircraft is flown in formation; and (b) the operator does not hold an approval under regulation 129.020 for the aircraft to be flown in formation during the flight. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.110 Foreign air transport operations--simulated IMC prohibited (1) The pilot in command of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if IMC are simulated during the flight. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.115 Foreign air transport operations--simulated emergency and abnormal procedures prohibited (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an emergency procedure is simulated during the flight. (2) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an abnormal procedure is simulated during the flight. (3) Subregulations (1) and (2) do not apply to a procedure that is simulated only orally. (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2). Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.120 Foreign air transport operations--aerobatic manoeuvres prohibited (1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight, the aircraft is used to conduct an aerobatic manoeuvre. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.125 Foreign air transport operations--maximum period for use of Australian aircraft in Australian territory (1) A foreign air transport operator contravenes this subregulation if, within any 12 month period, the operator uses a particular Australian aircraft to conduct foreign air transport operations on a total number of days that is more than: (a) 90; or (b) if the operator holds an approval under regulation 129.020 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft. (2) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Subpart 129.M --Foreign air transport operations--airworthiness CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.200 Foreign air transport operations--certificates of airworthiness Aircraft must have certificate of airworthiness (1) The operator of an aircraft contravenes this subregulation if: (a) the aircraft begins a flight that is a foreign air transport operation; and (b) the aircraft does not have a certificate of airworthiness (however described) that has been issued in accordance with Annex 8, Airworthiness of Aircraft, to the Chicago Convention. Certificate of airworthiness must remain in force during flight (2) The operator of an aircraft contravenes this subregulation if: (a) the aircraft is engaged in a flight that is a foreign air transport operation; and (b) the certificate of airworthiness (however described) for the aircraft ceases to be in force before the end of the flight. Offence (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.205 Foreign air transport operations--continuing airworthiness (1) The operator of an aircraft contravenes this subregulation if: (a) the aircraft begins a flight that is a foreign air transport operation; and (b) if the aircraft is a foreign registered aircraft--the operator has not ensured the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention; and (c) if the aircraft is a registered aircraft--the operator has not ensured the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft. (2) A person commits an offence if the person contravenes subregulation (1). Penalty: 50 penalty units. Subpart 129.N --Foreign air transport operations--flight crew CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.250 Foreign air transport operations--flight crew experience for aircraft covered by overseas rating (1) The operator of an aircraft contravenes this subregulation if: (a) the aircraft begins a flight that is a foreign air transport operation; and (b) the aircraft is covered by a type rating under the law of the foreign country the national aviation authority of which issued the operator's foreign certificate; and (c) none of the pilots occupying a pilot seat for the flight has the experience required by subregulation (2) in relation to aircraft covered by the type rating. (2) For paragraph (1)(c), a pilot has the experience required in relation to aircraft covered by a type rating if: (a) the pilot: (i) holds an overseas rating issued under the law of the foreign country that covers the aircraft; or (ii) has successfully completed a command course for an aircraft covered by the type rating; and (b) the pilot has successfully completed, after the grant of the rating or completion of the course, the flying experience mentioned in subregulation (3). (3) For paragraph (2)(b), the flying experience must be the more stringent of the following: (a) the flying experience mentioned in subregulation (4); (b) the flying experience (if any) required under the law of the foreign country. (4) For paragraph (3)(a), the flying experience: (a) must be the number of hours and sectors mentioned in subregulation (5) in that type of aircraft; and (b) must be completed as part of line operations; and (c) may include experience while the pilot is flying under supervision. (5) For paragraph (4)(a), the number of hours and sectors is: (a) either of the following: (i) at least 100 hours and 10 sectors in a 120-day period; (ii) at least 150 hours and 20 sectors; or (b) if the aircraft operator by whom the pilot is employed holds an approval under regulation 129.020 for this paragraph that applies to the pilot--at least the applicable number of hours and sectors for the pilot stated in the approval. (6) CASA may grant the approval mentioned in paragraph (5)(b) only if satisfied that there are special circumstances in relation to the operator's operation that justify the grant of the approval. (7) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 129.255 Foreign air transport operations--co-pilot (1) The operator of an aircraft contravenes this subregulation if: (a) the aircraft begins a flight that is a foreign air transport operation; and (b) the operator is not satisfied that the co-pilot could land the aircraft safely if the pilot in command is incapacitated. (2) A person commits an offence if the person contravenes subregulation (1). Penalty: 50 penalty units. Part 133 --Commercial air transport and aerial work operations (rotorcraft) Note: This Part heading is reserved for future use. Part 137 --Aerial application operations--other than rotorcraft Table of contents Subpart 137.A -- Applicability and definitions 137.005 Applicability 137.010 Definitions Subpart 137.B -- General 137.015 Approvals 137.020 Effect of other provisions 137.025 Aeroplane--type certificate 137.030 Authority of the pilot Subpart 137.C -- Operator certification and supervision 137.035 Applicant to prepare manual 137.040 Standard operations manual 137.045 Application for an AOC or variation of an AOC 137.050 Decision on AOC and manual 137.055 Offences concerning operations manual 137.060 Operator's organisational structure 137.065 Head of flight operations 137.070 Head of aeroplane maintenance control 137.075 Replacement of holder of key personnel position 137.080 Amendments to operations manual by operator 137.085 Amendments to schedule of differences 137.090 Amendments to standard operations manual Subpart 137.D -- Operational procedures 137.095 Operation to be in VMC 137.100 Use of weather forecasts or observations 137.105 Landing areas 137.110 Safety of persons other than crew at landing areas 137.115 Refuelling 137.120 Documents to be carried on a flight 137.125 Manipulation of flight controls 137.130 Use of seats, seatbelts and harnesses 137.135 Carriage of passengers 137.140 Minimum height and lateral separation for operation 137.145 Application over populous areas 137.150 In-flight fuel management 137.155 Operations near RPT flight 137.160 Aerodrome circuit requirements 137.165 Close proximity operations 137.170 Night operations 137.175 Firefighting operations Subpart 137.E -- All-weather operations Subpart 137.H -- Aeroplane performance 137.180 General 137.185 Take-off over a populous area Subpart 137.J -- Weight and balance 137.190 Weight limitations 137.195 Loading--supervision Subpart 137.K -- Instruments and equipment 137.200 Installation of instruments and equipment 137.210 Position of instruments and equipment 137.215 Instruments and equipment required 137.220 Crew intercom system 137.225 Seatbelts and harnesses Subpart 137.M -- Aeroplane maintenance 137.230 Fitting and removal of role equipment Subpart 137.N -- Pilots 137.235 Pilot in command must be authorised under Part 61 137.240 Operator proficiency checks Subpart 137.P -- Manuals, logs and records 137.245 Flight manual 137.250 Checking records 137.255 Document retention periods 137.260 Maintenance record to be given to new operator Subpart 137.Q -- Flight duty time limitations and rest requirements 137.265 Application of Subpart 137.Q 137.270 Subpart not to affect subsection 1 of CAO 48.1 137.275 Limit on flying hours 137.280 Off-duty period before and after tour of duty 137.285 Tour of duty--duration 137.290 Off-duty period each 14 days 137.295 Limit on time spent on tours of duty 137.300 Pilot to be fit for duty Subpart 137.A --Applicability and definitions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.005 Applicability (1) Subject to this regulation, this Part applies to aerial application operations using aeroplanes. Operators (2) This Part applies to a person who is applying for an AOC, on or after the commencing day, to authorise the person to undertake application operations. (3) If: (a) a person has applied, on or after the application day but before the commencing day, for an AOC to authorise the holder to undertake agricultural operations or purposes substantially similar to agricultural operations; and (b) before the commencing day, the person has not been issued with the AOC; this Part applies to the person and the application as if: (c) the application had been made on the commencing day; and (d) the application was for an authorisation to undertake application operations. (4) If, on the commencing day, a person holds an AOC that covers agricultural operations or purposes substantially similar to agricultural operations: (a) the person may, after the commencing day, prepare and submit to CASA an operations manual; and (b) this Part applies to the person and the manual as if the person was applying for an AOC on or after the commencing day to authorise the person to undertake application operations. (5) This Part applies on and after the day that falls 12 months after the commencing day to a person who has an AOC that authorises the person to undertake agricultural operations or purposes substantially similar to agricultural operations if: (a) that AOC is in effect on that day; and (b) this Part does not otherwise apply to the person. Pilots (6) If: (a) a pilot is engaged in an application operation on or after the commencing day; and (b) the pilot is not employed by an operator for that operation; this Part applies to the pilot for that operation. (7) If: (a) this Part applies to an operator on a particular day; and (b) a pilot employed by the operator undertakes an application operation for the operator on that day; this Part applies to the pilot for that operation. (8) In this regulation: " application day "means the day that falls 30 days before the day this Part commences. " commencing day "means the day this Part commences. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.010 Definitions In this Part: " aerial application operation " (or application operation) means: (a) a flight that is carried out by an aeroplane to apply application material; and (b) a flight by an aeroplane that is for, or partly for, 1 or more of the following: (i) inspection of a work area; (ii) pilot training or checking relating to a flight mentioned in paragraph (a); (iii) training of a crew member other than the pilot; (iv) travel from a landing area to a work area and back; (v) the carriage of a passenger specified in regulation 137.135 for a purpose set out in that regulation; and (c) preparation for any activities mentioned in paragraphs (a) and (b). " application material " means fertiliser, trace elements, seeds, baits, water, pesticides or other material. " apply ", in relation to application material, means to drop or spray the material onto the ground or water. " crew member " includes a person who is on board an aeroplane to give, or receive, training in an aspect of application operations. " employ ", in relation to a pilot, includes to engage as an independent contractor. " GPS marking system " means a system that uses global positioning system equipment to show the flight path required for an aeroplane when applying application material. " head of aeroplane maintenance control " , in relation to an operator, means the person who holds the position whose duties include those mentioned in regulation 137.070. " head of flight operations ", in relation to an operator, means the person who holds the position whose duties include those mentioned in regulation 137.065. " key personnel position ", in relation to an operator, means the positions of head of aeroplane maintenance control and head of flight operations for the operator. " landing area " means a place, whether or not an aerodrome, where an aeroplane is able to take off and land. " MEL , or minimum equipment list", for an aeroplane, means an approved list that provides for the operation of the aeroplane with particular equipment inoperative, and sets out any special conditions for such operation. " operations manual ", in relation to an operator or an application operation carried out by an operator, means: (a) the manual, and the schedule of differences (if any), approved under regulation 137.050; and (b) any amendments approved under regulation 137.080, 137.085 or 137.090, as appropriate. Note: An operations manual may comprise a standard operations manual and a schedule of differences: see subregulation 137.035(2). " operator ", in relation to an aeroplane, means a person who holds an AOC that authorises the use of the aeroplane in application operations. " populous area ", in relation to a flight by an aeroplane, means an area where, if the aeroplane's engine failed, the aeroplane would not be able to glide safely clear of any occupied building. " resting time ", for a pilot, means any time during a tour of duty when the pilot: (a) has no duties to perform; and (b) has access to accommodation that is conducive to rest and includes a comfortable chair. " role equipment " means equipment fitted to an aeroplane for an application operation, including booms, spreaders and mirrors. " schedule of differences ", for an operator, means the schedule prepared by the operator under paragraph 137.045(3)(c) and approved by CASA under regulation 137.050. " sleeping time ", for a pilot, means any time during a tour of duty when the pilot: (a) has no duties to perform; and (b) has access to a comfortable room that: (i) is subject to minimal noise levels; and (ii) is well ventilated; and (iii) is equipped with a method of controlling the entry of light; and (iv) is equipped with a comfortable bed and chair. " standard operations manual " means an operations manual approved under regulation 137.040. " work area ", in relation to an application operation, means: (a) the area of ground or water where application material is to be applied; and (b) the area over which the aeroplane concerned flies as it approaches and departs from the area mentioned in paragraph (a). Subpart 137.B --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.015 Approvals If a provision of this Part provides that anything (including a document, body or activity) must be approved, CASA may approve the thing, in writing, for the provision. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.020 Effect of other provisions If a provision in these Regulations is inconsistent with a provision in this Part, the provision in this Part prevails to the extent of the inconsistency. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.025 Aeroplane--type certificate (1) If an aeroplane does not conform to a type certificate or type acceptance certificate in the normal, restricted or utility category: (a) the operator of the aeroplane must not allow it to be used for an application operation; and (b) a pilot must not use it to carry out an application operation. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Note: CASA may grant an exemption from a provision of these Regulations: see Subpart 11.F. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.030 Authority of the pilot The operator of an aeroplane must take all reasonable measures to ensure that, if the pilot in command of the aeroplane, acting in accordance with a provision of these Regulations, directs anybody to do something, or not do something, the person complies with the direction. Subpart 137.C --Operator certification and supervision CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.035 Applicant to prepare manual (1) A person applying for an AOC to cover application operations must prepare a manual that: (a) specifies procedures to be followed by crew members and other persons to ensure the safety of the operations that are to be covered by the AOC; and (b) includes the names of the persons who are to be the CEO and holders of the key personnel positions. (2) The person may comply with subregulation (1) by: (a) nominating a standard operations manual to apply to the person's operations; and (b) preparing a schedule of differences to the standard operations manual. (3) The manual may: (a) consist of 1 or more volumes; and (b) include material prepared by someone other than the person making the application; and (c) incorporate another document or documents by reference. Note: CASA approves the manual under regulation 137.050 when approving the application for the AOC. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.040 Standard operations manual (1) CASA may approve, in writing, a manual prepared by a person other than an operator, as a standard operations manual. (2) The manual must specify procedures to be followed by crew members of aeroplanes and other persons engaged in application operations to ensure the safety of the operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.045 Application for an AOC or variation of an AOC (1) An application by a person for an AOC to cover application operations must be submitted to CASA at least 90 days before the date of intended operation. (2) The manual that, for subsection 27AB(2) of the Act, must be lodged with CASA by the person need not include landing area information. (3) If the person nominates a standard operations manual the application must include: (a) a statement identifying the standard operations manual; and (b) an undertaking to comply with the standard operations manual as in force from time to time; and (c) a schedule to the standard operations manual, prepared by the applicant, showing: (i) the ways (if any) in which the person's application operations are proposed to differ from those described in the standard operations manual adopted by the person under paragraph (b); and (ii) the names of the persons who are proposed to be the CEO and holders of the key personnel positions. (4) The manual or schedule (if any) that relates to the application must be submitted to CASA at least 60 days before the date of intended operation. (5) An application for a variation of an AOC must be submitted to CASA at least 30 days before the date of the proposed change to the operation. Note: For matters about which CASA must be satisfied before issuing an AOC, see section 28 of the Act. (6) CASA may accept an application later than required under subregulation (1) or (5), or a late submission under subregulation (4). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.050 Decision on AOC and manual (1) CASA must, in writing, approve or refuse to approve: (a) an application for an AOC; and (b) an application for a variation of an AOC. (2) If CASA approves an application for an AOC under subregulation (1), it is taken to have approved: (a) the applicant's manual; and (b) if applicable--the schedule mentioned in paragraph 137.045(3)(c). (3) CASA is taken to have refused an application for an AOC if it has not approved or refused the application within the period of 90 days starting on the later of the following: (a) the day the application is made; (b) the day the applicant has complied with any notice given by CASA under section 27AC of the Act. (4) CASA is taken to have refused an application for a variation of an AOC if it has not approved or refused the application within the period of 90 days starting when the application is made. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.055 Offences concerning operations manual (1) An operator must conduct application operations in accordance with: (a) the operations manual; and (b) if the operator has an exemption given by CASA under Part 11--the exemption. Penalty: 25 penalty units. (2) The operator must ensure that the manual, and information relating to any exemption, is available to crew members and other persons engaged in application operations for the operator. Penalty: 25 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.060 Operator's organisational structure (1) An operator must nominate an individual to be chief executive officer (CEO) of the operator's organisation. (2) The CEO must be responsible for ensuring that all application operations and aeroplane maintenance can be carried out to the standard required by these Regulations. (3) An operator must nominate individuals to hold the key personnel positions in the organisation. (4) If, having regard to the size of an operator's organisation or the nature and scope of operations authorised by the operator's AOC, it would not adversely affect the safety of the operations to do so, an operator may: (a) appoint a person to a key personnel position on a part-time basis; or (b) appoint a person to more than 1 key personnel position. (5) An operator must ensure that, at all times, a person is occupying, or acting in, each key personnel position. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.065 Head of flight operations (1) Subject to subregulation (5), an operator must nominate an individual to be head of flight operations in the operator's organisation. (2) The duties of the head of flight operations must include being responsible for the following: (a) monitoring the operator's compliance with the Act, these Regulations and the conditions to which the operator's AOC is subject, and reporting on compliance to the operator's CEO; (b) monitoring the adequacy of the operator's systems and procedures to ensure safe operations under the operator's AOC, and reporting on the adequacy of the systems and procedures to the CEO; (c) arranging rosters for the pilots employed to carry out application operations for the operator; (d) maintaining an efficient system for recording flight and duty times for each pilot; (e) maintaining up-to-date records of all licences, ratings, medical certificates and endorsements held by each pilot; (f) maintaining a system that will ensure compliance with the relevant loading procedures for each type of aeroplane used in operations carried out under the operator's AOC; (g) ensuring that the operator keeps any documents required by the Act, these Regulations and the conditions of the operator's AOC; (h) setting and monitoring the standard of application operations, including activities on the ground, carried out under the operator's AOC; (i) ensuring that the checking required by Subpart 137.N is carried out and, if a pilot fails a check, that the appropriate retraining and re-checking are carried out; (j) allocating an aeroplane for use in each operation carried out under the operator's AOC. (3) If an operator uses only 1 aeroplane for application operations, the person occupying the position of head of flight operations must have at least 300 hours total flight time as pilot in command in application operations. (4) If an operator uses more than 1 aeroplane for application operations, the person occupying the position of head of flight operations must hold an agricultural pilot (aeroplane) grade 1 rating within the meaning given in Civil Aviation Order 40.6. (5) A person who, under Civil Aviation Order 82.0, is approved as Chief Pilot of an operator, is taken to be the head of flight operations for the operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.070 Head of aeroplane maintenance control (1) An operator must nominate an individual to be head of aeroplane maintenance control in the operator's organisation. (2) The duties of the head of aeroplane maintenance control must include ensuring that the operator complies with Subpart 137.M. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.075 Replacement of holder of key personnel position If an operator proposes a replacement of the holder of a key personnel position, the operator must: (a) notify CASA as soon as is practicable before the proposed replacement; and (b) if the replacement does not take effect--notify CASA accordingly. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.080 Amendments to operations manual by operator (1) This regulation applies to an operator that: (a) is using an operations manual prepared by the operator; and (b) proposes a change to a procedure or another matter that, because of its nature, would require amendment of the manual. (2) The operator must: (a) prepare an amendment to the manual to reflect the proposed change; and (b) give the amendment to CASA as soon as practicable after preparing it and before implementing the change. (3) CASA must, in writing, approve or refuse to approve the proposed amendment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.085 Amendments to schedule of differences (1) This regulation applies to an operator that: (a) has adopted a standard operations manual; and (b) proposes a change to a procedure or another matter that, because of its nature, would require amendment of the schedule of differences. (2) The operator must: (a) prepare an amendment to the schedule to reflect the proposed change; and (b) give the amendment to CASA as soon as practicable after preparing it and before implementing the change. (3) CASA must, in writing, approve or refuse to approve the proposed amendment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.090 Amendments to standard operations manual (1) A person that has prepared a standard operations manual may prepare an amendment of the manual. (2) The person must submit the amendment to CASA. (3) CASA must, in writing, approve or refuse to approve the amendment. Subpart 137.D --Operational procedures CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.095 Operation to be in VMC (1) The pilot in command of an aeroplane may only conduct an application operation in VMC. Penalty: 25 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.100 Use of weather forecasts or observations (1) This regulation applies to the operator of the aeroplane and its pilot in command if the operator is planning an application operation that is to take place more than 50 nautical miles from the take-off aerodrome. (2) The operator and pilot must: (a) use a weather forecast or report prepared by the Bureau of Meteorology or another approved body; or (b) if the pilot is not reasonably able to obtain a weather forecast or report of a kind mentioned in paragraph (a)--satisfy subregulation (4). Penalty: 5 penalty units. (3) The operator must provide any equipment necessary to obtain the forecast or report. Penalty: 10 penalty units. (4) The operator and pilot satisfy this subregulation if the pilot: (a) uses his or her observations, or weather information from a source other than those mentioned in paragraph (2)(a); and (b) the pilot reasonably believed it was safe to use the observations or information. (5) A contravention of subregulation (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.105 Landing areas Despite any other provision of these Regulations, the pilot in command of an aeroplane engaged in an application operation may use any landing area that can be used safely for take-offs and landings. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.110 Safety of persons other than crew at landing areas (1) The operator of an aeroplane must, for the safety of persons during application operations at a landing area: (a) use appropriate procedures, including those necessary for the safe loading and unloading of aeroplanes; and (b) provide appropriate equipment, including any necessary lighting. Penalty: 25 penalty units. (2) The procedures must be set out in the operations manual. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.115 Refuelling (1) An operator must use appropriate safety procedures for the refuelling of each of the operator's aeroplanes that is used in an application operation. Penalty: 25 penalty units. (2) The operations manual must set out the procedures. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.120 Documents to be carried on a flight (1) The pilot in command of an aeroplane being used for an application operation must have a copy of the aeroplane's flight manual, or an approved alternative document, on board the aeroplane on every flight. Penalty: 10 penalty units. (2) The pilot must also have the documents or copies mentioned in subregulations (4) and (5) on board the aeroplane on a flight if the aeroplane will be more than 1 hour's flying time (at cruise speed in still air) from the operator's principal operating base. Penalty: 10 penalty units. (3) However, if: (a) the aeroplane is to be based for more than 7 days at a place that is not the operator's principal operating base (a substitute base); and (b) the aeroplane is less than 1 hour's flying time (at cruise speed in still air) from the substitute base; the documents or copies mentioned in subregulations (4) and (5) may be kept at the substitute base. (4) For subregulations (2) and (3), the documents are: (a) the aeroplane's flight and maintenance records; and (b) each of the following documents, or copies of the documents: (i) the aeroplane's certificate of registration; (ii) the aeroplane's certificate of airworthiness (or, if applicable, special flight permit); (iii) the current medical certificate for, and licence of, the pilot. (5) However, if the operations manual states that only a specified part of a document mentioned in subregulation (1) or paragraph (4)(a) must be carried during a flight, only that part need be carried. (6) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.125 Manipulation of flight controls (1) While an aeroplane is engaged in an application operation its flight controls may be manipulated by a person only if the person is: (a) the pilot in command of the aeroplane; or (b) a pilot who is being trained in application operations; or (c) a person authorised to do so by CASA. Penalty: 25 penalty units. (2) If an aeroplane engaged in an application operation is on the ground with the engine running, the pilot in command must be at the controls unless: (a) the pilot is refuelling the aeroplane in accordance with the operations manual; or (b) the following apply: (i) the pilot remains near the aeroplane; (ii) the wheel brakes are locked and, if practicable, the wheels are chocked; (iii) the aeroplane's power controls are friction locked and, if possible, the propeller is feathered; (iv) the engine is retarded to idle and, if possible, ground idle. Penalty: 25 penalty units. (3) Subregulation (4) applies if a person who is not, under these Regulations, entitled to manipulate the aeroplane's flight controls: (a) occupies a control seat fitted with fully or partially functioning controls; or (b) is seated in a position where he or she could interfere with the controls. (4) The pilot in command of the aeroplane must: (a) instruct the person not to interfere with the controls; and (b) be satisfied on reasonable grounds that the person has understood the instruction. Penalty: 25 penalty units. (5) A contravention of subregulation (1) or (2) is an offence of strict liability. (6) Strict liability applies to the physical element mentioned in paragraph (4)(a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.130 Use of seats, seatbelts and harnesses (1) A person in an aeroplane engaged in an application operation must occupy a seat and wear a seatbelt or harness whenever the aeroplane is moving under its own power. Penalty: 10 penalty units. (2) However, subregulation (1) does not apply to a person in the aeroplane if, during the operation: (a) he or she is acting in accordance with an instruction by the pilot in command; or (b) he or she is wearing an approved restraint device and either: (i) has satisfactorily completed a course of training in the operation and is directly involved in the operation; or (ii) is being trained in the operation. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.135 Carriage of passengers (1) If an aeroplane is engaged in an application operation, neither the operator nor the pilot in command may allow a passenger to be carried unless subregulation (2), (3) or (4) applies to the operation and the passenger. Penalty: 50 penalty units. (2) This subregulation applies if the passenger is an officer, or delegate of CASA, who is on board the aeroplane to carry out his or her duties. (3) This subregulation applies if: (a) the passenger is on board the aeroplane to identify the area where the application material is to be applied; and (b) no application material is applied during the operation. (4) This subregulation applies if: (a) the passenger is on board the aeroplane to carry out duties necessary for his or her employment; and (b) both the operator and the pilot agree to the carriage of the passenger. Note: The operator and pilot must take precautions to ensure the safety of the passenger: see regulation 224 of CAR. (5) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.140 Minimum height and lateral separation for operation (1) Subject to subregulations (2), (3) and (4) the pilot in command of an aeroplane engaged in an application operation may fly at any height while: (a) over the work area; or (b) travelling from the landing area used for loading the aeroplane to the work area. (2) In a populous area, the aeroplane must not fly closer than 100 metres, measured horizontally, from an occupied building. Penalty: 25 penalty units. (3) In an area other than a populous area the aeroplane must not fly less than 350 feet AGL while closer than 100 metres, measured horizontally, from an occupied building. Penalty: 25 penalty units. (4) The aeroplane may fly closer to a building and to the ground than provided for in subregulation (2) or (3) if: (a) more than 48 hours before the proposed operation, the occupier of the building was notified in writing about the operation and did not object to the operator about it; or (b) if it was not reasonably practicable to give written notice--the occupier was notified verbally before the operation and did not object to the operator about it. (5) A contravention of subregulation (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.145 Application over populous areas (1) A person may conduct an application operation over a populous area only if: (a) the person is an operator; and (b) the procedures for the operation are set out in the operations manual; and (c) the operation was requested by a person that, under a law of a State or Territory, may authorise the operation. Penalty: 25 penalty units. (2) An operator must, before conducting the operation, make a plan for the operation that: (a) includes consultation with the person that requested the operation; and (b) identifies any obstructions to flight and sets out how these will be avoided; and (c) identifies the most suitable emergency landing area for the operation; and (d) sets out any coordination with ATC that is necessary for the operation. Penalty: 25 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.150 In-flight fuel management (1) The pilot in command of an aeroplane engaged in an application operation must plan a flight for the operation so that, at all times, the aeroplane has enough fuel to complete the flight safely. Penalty: 50 penalty units. (2) If an operations manual applies to the pilot, it must set out: (a) the procedures that the pilot must follow to ensure that the aeroplane carries enough fuel; and (b) a procedure to ensure that in-flight fuel checks and fuel management are carried out. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.155 Operations near RPT flight (1) The pilot in command of an aeroplane must not engage in an application operation within 5 nautical miles of an aerodrome during: (a) the period commencing 10 minutes before the estimated time of arrival at the aerodrome of an aeroplane with an MTOW of more than 5 700 kg that is conducting a regular public transport operation (an RPT aeroplane) and finishing when the RPT aeroplane lands; and (b) the period commencing when an RPT aeroplane starts to taxi for take-off at the aerodrome and finishing when the RPT aeroplane is at an altitude that is 500 feet greater than the maximum operating altitude that is to be reached by the aeroplane during the operation. Penalty: 50 penalty units. (2) Subregulation (1) does not apply if the pilot is: (a) subject to instructions by ATC; or (b) in radio contact with the RPT aeroplane. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.160 Aerodrome circuit requirements (1) The pilot in command of an aeroplane engaged in an application operation that involves a take-off from, or landing at, an aerodrome need not conform with the circuit traffic protocol specified in the AIP for the aerodrome if: (a) the aeroplane is fitted with a radio; and (b) the pilot: (i) maintains a continuous listening watch on the aerodrome frequency; and (ii) broadcasts his or her intentions in accordance with the AIP; and (iii) gives priority to other traffic. (2) However, subregulation (1) does not apply if the flight is subject to ATC instructions. (3) In this regulation, AIP includes a document that is equivalent to the AIP. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.165 Close proximity operations (1) For this regulation, 2 or more aeroplanes are engaged in a close proximity operation if they are flying so close to each other during an application operation as to create a collision hazard if special measures are not taken. (2) A person must not operate an aeroplane in a close proximity operation if the person is not an operator. Penalty: 25 penalty units. (3) The pilot in command of an aeroplane must not engage in a close proximity operation unless the operation is coordinated by: (a) if the operation is to be conducted by 1 operator--the operator's head of flight operations, or another person nominated by the operator; or (b) otherwise--a suitably qualified pilot agreed to by all pilots involved in the operation. Penalty: 25 penalty units. (4) The coordinator must give, to all pilots involved in the operation, instructions about the following: (a) transit between the landing area and the work area; (b) radio communications, including loss-of-communication procedures; (c) refuelling arrangements; (d) the conduct of the operation. Penalty: 25 penalty units. (5) During the operation each pilot must: (a) maintain safe lateral separation from the other aeroplanes by visual and radio contact; and (b) comply with the instructions of the person coordinating the operation. Penalty: 25 penalty units. (6) A contravention of subregulation (2), (3), (4) or (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.170 Night operations (1) This regulation applies to an application operation conducted at night. (2) The pilot in command of the aeroplane to be used in the operation must, by inspection during daylight, be familiar with: (a) the work area; and (b) the route between the work area and the landing area. Penalty: 25 penalty units. (3) The operator of the aeroplane must plan the operation so the distance from a work area to a landing area is less than 30 minutes flying time at normal cruise power in still air, unless: (a) the aeroplane is equipped, and certificated under Part 21, for night VFR flight; and (b) the pilot holds, in addition to any rating required for night application operations, the rating required for a VFR flight at night. Penalty: 25 penalty units. (4) The operator must not allow the operation to commence unless the aeroplane is equipped with a two-way radio that enables the pilot to communicate with each person on the ground who has a role in the operation. Penalty: 25 penalty units. (5) The pilot must not commence or continue the operation if horizontal visibility from the aeroplane is less than 5 km. Penalty: 25 penalty units. (6) The operator must ensure that lights are placed at the work area to help the pilot with orientation. Penalty: 25 penalty units. (7) A contravention of subregulation (2), (3), (4), (5) or (6) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.175 Firefighting operations (1) A person must not operate an aeroplane for an application operation that involves firefighting unless the emergency control authority responsible for the firefighting: (a) has not, when the operation commences, taken control of the fighting of the fire; or (b) has taken control of the firefighting and asks the person to carry out the operation. Penalty: 50 penalty units. (2) A pilot is authorised to conduct an application operation that: (a) involves firefighting; and (b) is requested by the relevant emergency control authority; only if he or she has more than 500 hours experience as pilot in command in application operations when the operation commences. Penalty: 50 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. Subpart 137.E --All-weather operations Note: Reserved for future use. Subpart 137.H --Aeroplane performance CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.180 General (1) The pilot in command of an aeroplane engaged in an application operation must, before take-off, take reasonable steps to satisfy himself or herself that the take-off can be safely carried out by considering the aeroplane's take-off weight and each other relevant factor. Penalty: 50 penalty units. (2) Before landing, the pilot must satisfy himself or herself that the landing can be safely carried out by considering the aeroplane's landing weight and each other relevant factor. Penalty: 50 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.185 Take-off over a populous area (1) The pilot in command of an aeroplane engaged in an application operation may commence a take off over a populous area only if the aeroplane's performance will allow it to be 200 feet or more AGL when it crosses the aerodrome boundary and climbing at 200 feet or more per minute. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Subpart 137.J --Weight and balance CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.190 Weight limitations (1) The pilot in command of an aeroplane engaged in an application operation must not commence a take-off if the aeroplane's gross weight exceeds: (a) the maximum gross weight shown in the aeroplane's flight manual; or (b) any maximum gross weight that: (i) has been established for that type of aeroplane by a flight test supervised by CASA; and (ii) is shown on a placard, approved by CASA and displayed in the aeroplane's cockpit; or (c) the maximum gross weight shown on the type certificate, or type certificate data sheet, that is issued for the aeroplane by the national aviation authority of the State of Design (within the meaning given in Annex 8 to the Chicago Convention) of the aeroplane. Penalty: 50 penalty units. (2) The pilot must calculate the take-off weight by a method that includes calculating the weight of: (a) the crew and any equipment carried; and (b) the aeroplane's fuel and load. Penalty: 50 penalty units. (3) The operator of the aeroplane must not specify a minimum load to be carried by the aeroplane that is greater than the load that the pilot reasonably considers to be safe. Penalty: 50 penalty units. (4) A contravention of subregulation (1), (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.195 Loading--supervision (1) The pilot in command of an aeroplane to be used in an application operation must: (a) supervise the loading of the aeroplane; and (b) not commence the operation unless the load is placed in a way that is consistent with the data used for the calculation of the aeroplane's weight and balance. Penalty: 25 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Subpart 137.K --Instruments and equipment CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.200 Installation of instruments and equipment (1) Subject to subregulation (3), the operator of an aeroplane that is to be used in an application operation must ensure that instruments and items of equipment, other than role equipment, used in the aeroplane are: (a) other than items mentioned in subregulation (3)--approved; and (b) properly installed so they are fit for their purpose, and do not interfere with the operation of any other equipment; and (c) except as provided in the applicable MEL--serviceable. Penalty: 50 penalty units. (2) For paragraph (1)(b), an instrument or item of equipment is properly installed if: (a) there is a Part 21 approval that covers the installation; and (b) the instrument or item is installed in accordance with its approved design; and (c) the instrument or item is compatible with the configuration of the aircraft; and (d) the instrument or item is installed by a person who: (i) has been trained to carry out the installation; and (ii) is authorised, under these Regulations, to carry out the installation. (3) The following items are not required to be approved: (a) electric torch; (b) timepiece; (c) a GPS marking system; (d) chart holder; (e) first-aid kit; (f) survival and pyrotechnic signalling equipment. (4) A contravention of subregulation (1) is an offence of strict liability. (5) In this regulation: " approved design ": see subregulation 42.015(1). Part 21 approval : see subregulation 42.015(1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.210 Position of instruments and equipment (1) The operator of an aeroplane must not allow the aeroplane to be used in an application operation unless: (a) equipment on the aeroplane that is operated during flight by only 1 crew member is installed so that it can readily be operated from the member's station; and (b) an instrument that need only be read by 1 crew member is installed: (i) so the crew member can easily read the instrument from his or her station; and (ii) as close as practicable to the crew member's line of vision in the direction of the flight path. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.215 Instruments and equipment required (1) The operator of an aeroplane must not allow the aeroplane to engage in an application operation unless it is fitted with the equipment mentioned in each item of Table 137.215-1. Penalty: 50 penalty units. Table 137.215-1 Equipment for all application operations Item Equipment 1 A magnetic compass 2 A timepiece showing the time in hours, minutes and seconds (unless the pilot in command carries such a timepiece) 3 A sensitive pressure altimeter that: (a) reads in feet; and (b) has a sub-scale setting, calibrated in hectopascals, that can be set to any barometric pressure that may occur during flight 4 An airspeed indicator calibrated in knots 5 A slip indicator 6 An outside air temperature indicator calibrated in degrees Celsius 7 If the aeroplane is equipped with radio--a headset, whether or not built into a helmet, with a boom microphone or an equivalent microphone 8 Any other instruments and equipment required to be fitted for type certification. (2) The operator must not allow the aeroplane to engage in an application operation at night unless it is fitted with the equipment mentioned in each item of Table 137.215-2. Penalty: 50 penalty units. Table 137.215-2 Equipment for night application operations Item Equipment 1 At least 2 serviceable work lights that are suitable for the operation, installed so as to minimise glare in the cockpit 2 Navigation lights 3 An approved anti-collision lighting system 4 A system of cockpit lighting that is appropriate to the operation 5 Either: (a) a turn indicator; or (b) an attitude indicator that provides pitch and roll information at all attitudes (3) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.220 Crew intercom system (1) The operator of an aeroplane that requires a crew of more than 1 person must not allow it to engage in an application operation unless it is equipped with an intercom system that: (a) can be used by all members of the crew; and (b) includes headsets, whether or not built into a helmet, and microphones that are not of a handheld type. Penalty: 25 penalty units. (2) Subregulation (1) does not apply to the operation if: (a) the use of any item of intercom equipment may adversely affect the safety of the operation; and (b) another appropriate method of communication between the crew is arranged before the operation commences. (3) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.225 Seatbelts and harnesses (1) This regulation applies to an aeroplane, other than an aeroplane that has been certified in the normal category. (2) The operator of the aeroplane must not allow it to engage in an application operation unless: (a) the pilot's seat is equipped with a four-point restraint harness with a single point release; and (b) a harness or seatbelt for any other crew member is equipped with a single point release. Penalty: 50 penalty units. (3) A contravention of subregulation (2) is an offence of strict liability. Subpart 137.M --Aeroplane maintenance CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.230 Fitting and removal of role equipment (1) A person must not fit role equipment to, or remove role equipment from, an aeroplane that is used in an application operation. Penalty: 25 penalty units. (2) Subregulation (1) does not apply to a person who: (a) has been trained by an operator, or an approved person, in the fitting and removal of a kind of role equipment; and (b) fits or removes equipment of that kind. (3) A contravention of subregulation (1) is an offence of strict liability. Subpart 137.N --Pilots CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.235 Pilot in command must be authorised under Part 61 (1) The operator of an aeroplane commits an offence if: (a) the aeroplane is used to conduct an application operation; and (b) the pilot in command of the aeroplane is not authorised under Part 61 to pilot the aeroplane in the operation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.240 Operator proficiency checks (1) For this regulation, a pilot holds a valid operator proficiency check if: (a) he or she has satisfactorily completed a check that satisfies the criteria in subregulations (3), (4), (5) and (9); and (b) under subregulations (7) and (8), the check is valid. (2) The operator of an aeroplane commits an offence if: (a) the aeroplane is used to conduct an application operation; and (b) the pilot in command of the aeroplane does not hold a valid operator proficiency check. Penalty: 50 penalty units. (3) An operator proficiency check for a pilot who is employed by an operator must be conducted by: (a) the operator's head of flight operations; or (b) a flight examiner or instructor authorised under Part 61 to conduct application operations. (4) An operator proficiency check for the operator's head of flight operations must be conducted by an examiner or instructor mentioned in paragraph (3)(b). (5) Despite subregulations (3) and (4), an operator proficiency check for a pilot who, in the 12 months immediately before the check, has completed less than 50 hours flight time in application operations must be conducted by an examiner or instructor mentioned in paragraph (3)(b). (6) A synthetic flight trainer may be used for a check, or part of a check, if CASA approves its use for the purpose. (7) A check is valid for 12 months from the day on which the check is completed. (8) However, if the check is completed less than 3 months before the day on which the check would otherwise expire (the expiry day), the check is valid for 12 months commencing at the end of the expiry day. (9) To complete an operator proficiency check the pilot must demonstrate that he or she is familiar with the systems, the normal and emergency flight manoeuvres, performance, fuel consumption rates, and weight and balance requirements for an aeroplane that he or she flies. Note: A check of a pilot of a single seat aeroplane may be conducted by observation from the ground and may include review of GPS data logs, job planning and post flight records. (11) A contravention of subregulation (2) is an offence of strict liability. Subpart 137.P --Manuals, logs and records CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.245 Flight manual (1) An operator must maintain a current aircraft flight manual, or another approved document, for each aeroplane used by the operator for application operations. Penalty: 25 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.250 Checking records (1) An operator must: (a) make a record of the checking that is: (i) required, under Subpart 137.N, for each pilot employed by the operator; and (ii) completed by each pilot; and (b) allow each pilot to examine and copy the records that relate to him or her. Penalty: 10 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Note: Records made for this regulation must be retained: see regulation 137.255. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.255 Document retention periods (1) The operator of an aeroplane that is used for application operations must keep an aircraft maintenance record relating to the aeroplane (including a record of the time in service of each component for which that information is kept): (a) for at least 90 days after the aeroplane concerned is in a condition that prevents it being flown in the future; and (b) in a form that is suitable for, and allows access to, the information. Penalty: 50 penalty units. (2) The operator of an aeroplane must keep each record mentioned in column 2 of an item in Table 137.255: (a) for at least the period mentioned in column 3 of the item; and (b) in a form that is suitable for, and allows access to, the information. Penalty: 25 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. Table 137.255 Item Record Period 1 A copy of the following that relates to each pilot employed by the operator: (a) medical certificate; (b) licence; (c) any rating, endorsement or approval that is relevant to the pilot's employment by the operator Until the pilot ceases to be employed as a pilot by the operator 2 The 2 most recent records of any training undertaken by a pilot employed by the operator if: (a) the training is required under the operations manual; and (b) the record is not retained for item 2 Until the pilot ceases to be employed as a pilot by the operator 3 A report about an event relating to the safety of an application operation made by a pilot employed by the operator 90 days from the day on which it is made 4 Pilot flight, duty and rest times 15 months from the day of the most recent entry in the document 5 Pilot conversion training 36 months from the day of the most recent entry in the document 6 Pilot recurrent training and annual proficiency check for Subpart 137.N 36 months from the day of the most recent entry in the document CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.260 Maintenance record to be given to new operator (1) A person that ceases to be the operator of an aeroplane that is used for application operations must, if another person becomes the operator, give the aeroplane's aircraft maintenance record, or a copy of the record, to the other person. Penalty: 25 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Subpart 137.Q --Flight duty time limitations and rest requirements CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.265 Application of Subpart 137.Q This Subpart sets out requirements about duty and rest times for a pilot who conducts application operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.270 Subpart not to affect subsection 1 of CAO 48.1 This Subpart does not affect the operation of subsection 1 of Civil Aviation Order 48.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.275 Limit on flying hours (1) The pilot must not fly more than: (a) 1 200 hours in 365 consecutive days; or (b) 170 hours in 28 consecutive days. Penalty: 25 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.280 Off-duty period before and after tour of duty (1) Subject to subregulations (2) and (3), the pilot must not undertake duties relating to his or her employment by an operator, including being on call or planning less than: (a) 8 hours before commencing a tour of duty; or (b) 8 hours after completing a tour of duty of 10 hours or less; or (c) 10 hours after completing a tour of duty of more than 10 hours. Penalty: 25 penalty units. (2) No less than 8 hours after completing a tour of duty of more than 10 hours, the pilot may choose to recommence duty up to 1 hour earlier than the time required under paragraph (1)(c) if the pilot believes he or she is mentally and physically able to do so. (3) The pilot must not recommence duty under subregulation (2) if, in doing so, he or she would be in breach of regulation 137.275, 137.285, 137.290, 137.295 or 137.300. (4) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.285 Tour of duty--duration (1) The pilot must not undertake, and a person must not require the pilot to undertake, a tour of duty that exceeds 14 hours. Penalty: 25 penalty units. (2) However, the pilot may extend a tour of duty in accordance with subregulation (3), (4) or (5) if: (a) the pilot reasonably believes he or she is mentally and physically able to do so; and (c) in doing so, the pilot would not be in breach of regulation 137.275, 137.280, 137.290, 137.295 or 137.300. (3) After the pilot has completed 14 hours of a tour of duty, he or she may extend the tour of duty by no more than 1 hour. (4) If, during a tour of duty, the pilot has had 3 or more consecutive hours of resting time, the pilot may extend the tour of duty by no more than the lesser of the following: (a) 50% of the duration of the resting time; (b) 2 hours. (5) If, during a tour of duty, the pilot has had 2 or more consecutive hours of sleeping time, the pilot may extend the tour of duty by no more than the lesser of the following: (a) the duration of the sleeping time; (b) 3 hours. (6) A contravention of subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.290 Off-duty period each 14 days (1) In any 14 consecutive days the pilot must have a continuous period of at least 36 hours during which he or she carries out no duties for an operator. Penalty: 25 penalty units. (2) A person must not require the pilot to contravene subregulation (1). Penalty: 25 penalty units. (3) A contravention of subregulation (1) or (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.295 Limit on time spent on tours of duty (1) The pilot must not spend more than: (a) 44 hours on tours of duty in any 3 consecutive days; or (b) 98 hours on tours of duty in any 7 consecutive days. Penalty: 25 penalty units. (2) However, if: (a) the pilot has 1 or more periods of resting time during any of the days mentioned in subregulation (1); and (b) each period is 6 or more continuous hours; the maximum amount of time for the subregulation is increased by 50% of the duration of the resting time (or the total of those resting times). (3) Despite subregulation (2), the maximum time for subregulation (1) is not increased if, in doing so, the pilot would be in breach of regulation 137.275, 137.280, 137.285, 137.290 or 137.300. (4) A person must not require the pilot to contravene subregulation (1). Penalty: 25 penalty units. (5) A contravention of subregulation (1) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.300 Pilot to be fit for duty (1) The pilot must not commence an application operation if he or she is not fit for duty. Penalty: 25 penalty units. (2) The operator of an aeroplane to be used in an application operation must not allow the pilot to commence the operation if the operator has reason to believe that the pilot is not fit for duty. Penalty: 25 penalty units. (3) For subregulations (1) and (2), a pilot is not fit for duty if, for example: (a) he or she has not had adequate rest, food or drink; or (b) he or she is adversely affected by a medical condition or a psychoactive substance. Note: The expression psychoactive substances refers to alcohol, drugs and volatile solvents, but not coffee and tobacco: see clause 60 of Part 2 of the Dictionary. (4) In paragraph (3)(b): " medical "includes psychological and psychiatric. (5) A contravention of subregulation (1) or (2) is an offence of strict liability. Part 138 --Search and rescue operations Note: This Part heading is reserved for future use. Part 139 --Aerodromes Table of Contents Subpart 139.A -- General 139.005 Applicability of this Part 139.010 Definitions for this Part 139.015 Standards for aerodromes 139.025 Access to aerodromes 139.030 Restrictions on use of terminal instrument flight procedures 139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc Subpart 139.B -- Certified aerodromes Division 139.B.1 -- Aerodrome certificate 139.040 When an aerodrome certificate is required 139.045 Application for aerodrome certificate 139.050 Grant of aerodrome certificate 139.070 Suspension or cancellation by CASA 139.085 Temporary aerodrome certificate Division 139.B.2 -- Aerodrome manual 139.090 Preparation and location of aerodrome manual 139.095 Information to be included in aerodrome manual 139.100 Form of aerodrome manual 139.105 Amendments of aerodrome manual 139.110 Notice of amendments 139.115 Aerodrome manual controller Division 139.B.3 -- Operation and maintenance of a certified aerodrome 139.120 Care and diligence in operation and maintenance 139.125 Reporting officer 139.130 Works safety officer for aerodrome works other than time-limited works 139.135 Works safety officer for time-limited works 139.140 Training of aerodrome personnel 139.145 Aerodrome manual procedures 139.150 Notice of deviation 139.155 Notice of changes in physical condition etc of aerodrome 139.160 Notice of changes in information published in AIP-ERSA 139.165 Physical characteristics of movement area 139.170 Aerodrome markings 139.175 Signal area 139.180 Wind direction indicators--general 139.185 Wind direction indicators--requirement for certain runways 139.190 Visual approach slope indicator system 139.195 Lighting of movement area 139.200 Checking of lighting systems 139.205 Aerodrome emergency committee 139.210 Aerodrome emergency plan 139.215 Testing of aerodrome emergency plan 139.220 Aerodrome serviceability inspections 139.225 When aerodrome serviceability inspections must be conducted 139.230 Aerodrome technical inspections 139.235 When aerodrome technical inspections must be conducted etc 139.240 Who may conduct aerodrome technical inspections 139.245 Planning and execution of aerodrome works 139.250 Safety management system Division 139.B.4 -- Aerodromes to which A-SMGCS applies 139.251 Definition for Division 139.B.4 139.252 Designation of aerodromes to which A-SMGCS applies 139.254 Vehicles at aerodromes to which A-SMGCS applies Subpart 139.C -- Registered aerodromes 139.255 Definition for this Subpart 139.260 Application for registration of aerodrome 139.265 Registration of aerodromes 139.270 Notice of refusal to register aerodrome 139.275 Register 139.280 Duration of registration 139.285 Cancellation of registration on request 139.290 Suspension or cancellation of registration by CASA 139.295 Applicable standards for registered aerodromes 139.300 Reporting officer 139.305 Notice of changes in physical condition etc of aerodrome 139.310 Notice of changes in information published in AIP-ERSA 139.315 Safety inspections 139.320 Approval of persons to conduct aerodrome safety inspections 139.325 Duration of approval 139.330 Suspension or cancellation of approval by CASA Subpart 139.D -- Reporting officer and safety inspection requirements for certain other aerodromes 139.335 Aerodromes to which this Subpart applies 139.340 Reporting officer 139.345 Safety inspections Subpart 139.E -- Obstacles and hazards 139.350 Monitoring of airspace 139.355 Establishment of obstacle limitation surfaces 139.360 Notice of obstacles 139.365 Structures 110 metres or more AGL 139.370 Hazardous objects etc Subpart 139.F -- Aerodrome radio communication services Division 139.F.1 -- General 139.375 Aerodrome operators to collect statistics if directed Division 139.F.2 -- Frequency confirmation system 139.380 Definitions for Division 139.F.2 139.385 Aerodromes that must have a frequency confirmation system Division 139.F.3 -- Air/ground radio service 139.390 Definitions for Division 139.F.3 139.395 Air/ground radio service must be certified 139.400 Direction by CASA to provide CA/GRS 139.405 Voluntary provision of CA/GRS 139.410 Certification of air/ground radio service 139.415 General obligations of aerodrome operator 139.420 When CA/GRS must be operating 139.425 Information about operating hours to be given to NOTAM Office 139.430 Certified air/ground radio operators 139.435 Offences Subpart 139.H -- Aerodrome rescue and firefighting services Division 139.H.1 -- General 139.700 Applicability of this Subpart 139.705 Definitions for this Subpart 139.710 Functions of ARFFS 139.711 Person not to provide service without approval 139.712 Issue of Manual of Standards 139.715 Effect of Manual of Standards Division 139.H.3 -- Requirements to be complied with by ARFFS provider 139.750 Requirements in this Division 139.755 Definition for Division--applicable standards and requirements 139.760 Inconsistency between Manual and chapter 9 of Annex 14 139.765 Knowledge, equipment and expertise to deal with aviation hazards 139.770 General obligation to maintain service 139.771 Response time of ARFFS 139.772 Buildings and emergency facilities 139.773 Officer in charge 139.775 Notice about times service is available etc 139.780 Agreements with other fire fighting bodies 139.785 Stock of fire extinguishing agents 139.795 Extinguishing equipment and vehicles 139.800 Other vehicles and equipment 139.805 Vehicles and equipment for firefighting and rescue in difficult environments 139.810 Commissioning of certain equipment 139.815 Protective clothing and equipment 139.820 Communications 139.825 Test and maintenance equipment 139.830 Commissioning of new vehicles and equipment 139.835 Number of operating personnel 139.840 Medical standard of firefighters 139.845 Qualifications and training of firefighters 139.850 Operations manual 139.855 Amendment of operations manual 139.860 Voice data recording 139.865 Record of accidents or incidents 139.870 Contingency plan 139.875 Records management 139.880 Organisation 139.885 System for rectification of service failures 139.890 Quality control 139.895 Change management 139.900 Safety management 139.905 Applicant's organisation 139.910 Telling users and CASA about changes Division 139.H.4 -- Conduct of ARFFS operations 139.915 Powers of officer in charge or firefighter Division 139.H.5 -- Administration 139.920 Definition for Division 139.925 How to apply for approval as ARFFS provider 139.970 When decision must be made 139.995 Application for variation of approval 139.1005 Suspension or continued suspension of approval by show cause notice 139.1010 Grounds for cancellation of approval 139.1015 Notice to approved ARFFS provider to show cause 139.1020 Cancellation of approval after show cause notice 139.1022 Cancellation if holder ceases to provide ARFFS 139.1025 Cancellation at request of approved ARFFS provider Subpart 139.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.005 Applicability of this Part This Part deals with the operation of aerodromes and includes rules about the following matters: (a) certification of aerodromes and the requirements that apply to operators of certified aerodromes; (b) registration of aerodromes and the requirements that apply to operators of registered aerodromes; (c) reporting officer and safety inspection requirements that apply to operators of certain other aerodromes used for regular public transport operations or charter operations; (d) obstacles and hazards at aerodromes; (e) obligations of aerodrome operators in relation to radio communication services and rescue and fire fighting services. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.010 Definitions for this Part In this Part (other than Subpart 139.H): " Manual of Standards " means the document called 'Manual of Standards (MOS) - Part 139 Aerodromes' published by CASA, as in force from time to time. " MBZ " means mandatory broadcast zone. " time-limited works "has the same meaning as in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.015 Standards for aerodromes The standards for aerodromes are those set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.025 Access to aerodromes (1) The operator of a certified aerodrome or a registered aerodrome must allow CASA to conduct tests of aerodrome facilities, equipment or operating procedures at the aerodrome for the purpose of ensuring the safety of aircraft. (2) The operator must allow CASA access to any part of the aerodrome or any aerodrome facilities, equipment or records for the purposes of subregulation (1). (3) CASA: (a) must give reasonable notice of any tests to be conducted to the operator; and (b) must carry out the tests at a reasonable time. (4) Subregulations (1) and (2) do not limit the operation of regulation 305 of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.030 Restrictions on use of terminal instrument flight procedures (1) The operator of an aerodrome commits an offence if: (a) the aerodrome is not a certified aerodrome or registered aerodrome; and (b) there is a terminal instrument flight procedure for the aerodrome; and (c) the terminal instrument flight procedure is not only for use in a specialised helicopter operation. Penalty: 10 penalty units. (2) The operator of an aerodrome commits an offence if: (a) there is a terminal instrument flight procedure for the aerodrome; and (b) the terminal instrument flight procedure is not only for use in a specialised helicopter operation; and (c) the aerodrome: (i) ceases to be a certified aerodrome and does not become a registered aerodrome; or (ii) ceases to be a registered aerodrome and does not become a certified aerodrome; and (d) the operator does not, in writing and as soon as possible after the cessation, tell each of the following of the cessation: (i) the AIS; (ii) the certified designer of the procedure. Penalty: 10 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. (4) In this regulation: " certified designer " has the meaning given by regulation 173.015. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc Nothing in this Part affects the operation of the Airports (Building Control) Regulations 1996, the Airports (Protection of Airspace) Regulations 1996 or the Airports (Control of On-Airport Activities) Regulations 1997. Subpart 139.B --Certified aerodromes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.040 When an aerodrome certificate is required (1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) This subregulation applies to an aerodrome that: (a) has a runway that is suitable for use by aircraft having: (i) a maximum passenger seating capacity of more than 30 seats; or (ii) a maximum carrying capacity of more than 3 400 kilograms; and (b) is available for use in regular public transport operations or charter operations by such aircraft. Note: See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.045 Application for aerodrome certificate A person (the applicant) may apply to CASA for an aerodrome certificate authorising the person to operate an aerodrome at the place specified in the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.050 Grant of aerodrome certificate Subject to regulation 11.055, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied that: (a) the aerodrome's facilities and equipment are in accordance with the standards specified in the Manual of Standards for a certified aerodrome; and (b) the aerodrome's operating procedures make satisfactory provision for the safety of aircraft; and (c) an aerodrome manual, in accordance with regulation 139.095, has been prepared for the aerodrome; and (d) the applicant would, if the certificate is granted, be able properly to operate and maintain the aerodrome. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.070 Suspension or cancellation by CASA (1) CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if there are reasonable grounds for believing that: (a) a condition to which the certificate is subject has been breached; or (b) the aerodrome facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation; or (c) the holder has failed to comply with regulation 139.025. (2) Before suspending or cancelling an aerodrome certificate, CASA must: (a) give to the holder a show cause notice that: (i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and (ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and (b) take into account any written submissions that the holder makes to CASA within the time allowed under subparagraph (a)(ii). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.085 Temporary aerodrome certificate (1) Subject to regulation 11.055, CASA must grant a temporary aerodrome certificate to an applicant under regulation 139.045 if: (a) the applicant's application is for a certificate to operate an aerodrome for which an existing aerodrome certificate is in force; and (b) the holder of the existing aerodrome certificate has given CASA a request under regulation 11.130 for the certificate to be cancelled; and (c) the cancellation of the existing aerodrome certificate will have effect before CASA can fully consider the applicant's application; and (d) CASA is satisfied that the applicant will be able to properly operate and maintain the aerodrome for the duration of the temporary certificate. (2) A temporary aerodrome certificate must not be granted for a period of longer than 60 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.090 Preparation and location of aerodrome manual (1) The operator of a certified aerodrome must have an aerodrome manual, in accordance with regulation 139.095, for the aerodrome. Penalty: 10 penalty units. (2) The operator must give CASA a copy of the manual and must keep another copy at the operator's principal place of business or at the aerodrome. Penalty: 10 penalty units. (3) The operator must make the copy of the manual kept at the operator's principal place of business or at the aerodrome available to authorised persons during normal business hours. Penalty: 10 penalty units. (4) Strict liability applies to the physical element of an offence against subregulation (1) that the operator is required to have an aerodrome manual for the aerodrome. (5) An offence against subregulation (2) or (3) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.095 Information to be included in aerodrome manual For subregulation 139.090(1), the aerodrome manual must include: (a) the following information, to the extent that the information is applicable to the aerodrome: (i) the particulars of the aerodrome site mentioned in Appendix 1 to this subparagraph; (ii) the particulars of the aerodrome administration and operating procedures mentioned in Appendix 1 to this subparagraph; (iii) the particulars of the aerodrome to be notified in AIP-ERSA, mentioned in Appendix 1 to this subparagraph; (iv) particulars of any condition to which the operator's aerodrome certificate is subject; (v) particulars of any direction given to the operator by CASA under regulation 139.105; and (b) if particular information referred to in paragraph (a) is not included in the manual because it is not applicable to the aerodrome: (i) a statement to the effect that the information is not applicable; and (ii) the reasons why it is not applicable; and (c) if CASA grants the operator an exemption under regulation 11.160 in relation to the aerodrome: (i) any identifying number given to the exemption by CASA; and (ii) the date on which the exemption came into effect; and (iii) any condition subject to which the exemption is granted. Appendix 1 to subparagraph 139 . 095(a)(i) (Particulars of the aerodrome site) Aerodrome site For subparagraph 139.095(a)(i), the particulars are as follows: (a) a plan of the aerodrome showing the main aerodrome facilities, including the wind direction indicators, for the operation of the aerodrome; (b) a plan of the aerodrome showing the aerodrome boundaries; (c) a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome; (d) either: (i) particulars of title of the aerodrome site; or (ii) if the boundaries of the aerodrome are not defined in the documents of title--the particulars of the title to, or interests in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome. Appendix 1 to subparagraph 139 . 095(a)(ii) (Particulars of the aerodrome administration and operating procedures) For subparagraph 139.095(a)(ii), the particulars are as follows: Aerodrome administration (a) particulars of the aerodrome administration including the following: (i) the organisational structure; (ii) the management positions responsible for the operation and maintenance of the aerodrome; (iii) contact details of the person who is the aerodrome manual controller; (iv) contact details for the main persons responsible for aerodrome operations and safety functions; Aerodrome emergency plan (b) particulars of the aerodrome emergency plan, including details of the following: (i) the composition of the aerodrome emergency committee and contact details for the emergency service organisations represented on the committee; (ii) a description of the role of each emergency service organisation involved in the plan; (iii) the activation, control and coordination of the emergency service organisations during an emergency; (iv) the aerodrome's emergency facilities and arrangements for keeping them in readiness; (v) the operational response to an emergency, including arrangements for aerodrome access and assembly areas; (vi) the response to a local stand-by call out; (vii) the response to a full emergency call out; (viii) the arrangements to return the aerodrome to operational status after an emergency; (ix) the arrangements for periodic review and testing of the aerodrome emergency plan; Aerodrome lighting (c) particulars of the procedures for the inspection and maintenance of the aerodrome lighting (including obstacle lighting) and the supply of stand-by power (if any), including details of the following: (i) the arrangements for carrying out inspections and the checklist for inspections; (ii) the arrangements for recording the results of inspections and for taking follow-up action to correct deficiencies; (iii) the arrangements for switching lights on and off, including back-up arrangements for pilot-activated lighting; (iv) the arrangements for carrying out routine maintenance and emergency maintenance; (v) the arrangements for stand-by power, if any, and, if applicable, particulars of any other method of dealing with partial or total system failure; (vi) the names and roles of the persons who are responsible for the inspection and maintenance of the lighting and the telephone numbers for contacting them during and after working hours; Aerodrome reporting (d) particulars of the procedures for reporting any changes to the aerodrome information set out in AIP and procedures for requesting the issue of NOTAMS, including details of the following: (i) the arrangements for reporting any changes that may affect aircraft operations to AIS and local air traffic services and recording the reporting of changes during and outside the normal hours of aerodrome operation; (ii) the contact details for the persons and organisations to which changes are to be reported; (iii) the name of the reporting officer responsible for reporting the changes and the telephone numbers for contacting him or her during and after working hours; (iv) the arrangements for reporting changes of aerodrome information published in AIP to AIS and CASA; (v) the arrangements for keeping records of reports made; Unauthorised entry to aerodrome (e) particulars of the procedures for preventing the unauthorised entry of persons, vehicles, equipment, plant or animals, or other things that may endanger aircraft safety, into the movement area, including details of the following: (i) the arrangements for controlling airside access; (ii) the names and roles of the persons who are responsible for controlling access to the movement area and the telephone numbers for contacting them during and after working hours; Aerodrome serviceability inspections (f) particulars of the procedures for carrying out aerodrome serviceability inspections, including details of the following: (i) the arrangements for carrying out the inspections during and after working hours; (ii) details of the intervals at which the inspections are carried out and the times of the inspections; (iii) the arrangements for keeping an inspection logbook and the place where the logbook is kept; (iv) details of the inspection checklist; (v) the arrangements for communicating with air traffic control during the inspections; (vi) the arrangements for reporting the results of the inspections and for taking prompt follow-up action to ensure correction of unsafe conditions; (vii) the names and roles of the persons who are responsible for carrying out the inspections and the telephone numbers for contacting them during and after working hours; Aerodrome technical inspections (g) particulars of the procedures for carrying out aerodrome technical inspections, including details of the following: (i) the items that need to be technically inspected and when the inspections are to be carried out; (ii) the arrangements for technically qualified people to carry out the technical inspections; (iii) the arrangements for recording the results of the inspections and for taking prompt follow-up action to ensure correction of defects; Aerodrome works safety (h) particulars of the procedures for planning and safely carrying out aerodrome works (including works that may have to be carried out at short notice), including details of the following: (i) the preparation of a method-of-working plan identifying areas of the aerodrome affected during each stage of the work and steps taken to ensure safety standards are met; (ii) the distribution list for the method-of-working plan; (iii) the arrangements for telling aircraft operators and other aerodrome users of the method-of-working plan and the telephone numbers for contacting those operators and users during and after working hours; (iv) the arrangements for communicating with air traffic control and aircraft during the carrying out of the works; (v) the arrangements for carrying out time-limited works; (vi) the names, telephone numbers and roles of the persons and organisations responsible for planning and carrying out the works, and the arrangements for contacting those persons and organisations at all times; Aircraft parking control (i) particulars of the procedures for aircraft parking control, if established, including details of the following: (i) the arrangements between air traffic control and apron management; (ii) the arrangements for allocating aircraft parking positions; (iii) the arrangements for initiating engine start and ensuring clearances for aircraft push-back; (iv) an inventory and description of the activation and deactivation of any visual docking guidance system used at the aerodrome; (v) the marshalling service; (vi) the leader (van) service or follow-me service; (vii) the names, telephone numbers and roles of the persons responsible for planning and implementing aircraft parking control; Airside vehicle control (j) if procedures have been established at the aerodrome for the control of surface vehicles operating on or near the movement area, particulars of those procedures, including details of the following: (i) the applicable traffic rules (including speed limits) and the means of enforcement of the rules; (ii) the method of instructing and testing drivers in relation to the applicable traffic rules; (iii) the names, telephone numbers and roles of the persons who are responsible for airside vehicle control; Bird and animal hazard management (k) particulars of the procedures to deal with danger to aircraft operations caused by the presence of birds or animals on or near the aerodrome, including details of the following: (i) the arrangements for assessing any bird or animal hazard; (ii) the arrangements for the removal of any bird or animal hazard; (iii) the names and roles of the persons responsible for dealing with bird or animal hazards, and the telephone numbers for contacting them during and after working hours; Obstacle control (l) particulars of the following: (i) the procedures for monitoring the obstacle limitation surfaces and the Type A chart take-off surface for obstacles; (ii) the procedures for monitoring building developments (in relation to the height of buildings and other structures) within the horizontal limits of the obstacle limitation surfaces; (iii) if the aerodrome has instrument approach procedures--the procedures for monitoring for new objects or building developments in any other areas nominated by the instrument procedure designers; (iv) the arrangements between CASA, local planning authorities and other relevant organisations in relation to the approval of building developments that may infringe the obstacle limitation surfaces; (v) the names, telephone numbers and roles of the persons responsible for planning and implementing obstacle control; Disabled aircraft removal (m) particulars of the procedures for removing an aircraft that is disabled on or near the movement area, including details of the following: (i) the roles of the aerodrome operator and the holder of the aircraft's certificate of registration; (ii) the arrangements for telling the holder of the certificate of registration; (iii) the arrangements for liaising with air traffic control and the Australian Transport Safety Bureau; (iv) the arrangements for obtaining equipment and persons to remove the aircraft; (v) the names and roles of the persons who are responsible for arranging for the removal of an aircraft which is disabled, and the telephone numbers for contacting them during and after working hours; Handling of hazardous materials (n) particulars of the procedures for the safe handling of hazardous materials on the aerodrome, including details of the following: (i) the names, telephone numbers and roles of the persons who are to receive and handle hazardous materials; (ii) the arrangements for special areas on the aerodrome to be set up for the storage of flammable liquids (including aviation fuels) and any other hazardous materials; (iii) the methods to be followed for the delivery, storage, dispensing and handling of these materials; Note 1: Hazardous materials include explosives, flammable liquids and solids, corrosive liquids, compressed gases, and magnetised or radioactive materials. Note 2: The arrangements to deal with an accidental spillage of hazardous materials are to be set out in the aerodrome emergency plan. Protection of radar and navigational aids (o) particulars of the procedures for the protection of radar and navigational aids located on the aerodrome to ensure that their performance will not be degraded, including details of the following: (i) the arrangements for the control of activities near radar and navigational aid installations; (ii) the arrangements, made in consultation with the provider of the navigational aid installation, for the supply and installation of signs warning of hazardous microwave radiation; (iii) the arrangements for ground maintenance near these installations; Low visibility operations (p) particulars of the procedures for the management of ground activities at an aerodrome where low visibility operations are conducted, including details of the following: (i) the arrangements for measuring visibility along a runway and passing the information to air traffic control, if required; (ii) the arrangements for minimising vehicular traffic within the movement area during periods of low visibility operations; (iii) the arrangements for runway inspections during periods of low visibility operations; (iv) the names and roles of the persons who are responsible for managing low visibility operations, and the telephone numbers for contacting them during and after work hours. Appendix 1 to subparagraph 139 . 095(a)(iii) (Particulars of the aerodrome to be notified in AIP-ERSA) For subparagraph 139.095(a)(iii), the particulars are: General information (a) the following general information about the aerodrome: (i) the name of the aerodrome; (ii) the State or Territory where the aerodrome is located; (iii) the geographic coordinates of the aerodrome reference point; (iv) the elevation of the aerodrome, based on the Australian Height Datum; (v) details of the aerodrome beacon; (vi) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; and Information for runways (b) the following information for each runway at the aerodrome: (i) the magnetic bearing of the runway and the runway number; (ii) the runway reference code number for the approach and take-off areas that have been surveyed; (iii) the length, width and slopes of the runway; (iv) the length and width of the graded and overall runway strip; (v) the pavement surface type and its strength rating; (vi) the runway declared distances and take-off gradient; (vii) the supplementary take-off distances; (viii) the Aerodrome Obstacle Chart Type A, if applicable; and Information about visual aid systems (c) the following information about visual aid systems at the aerodrome: (i) the type of runway lighting and the stand-by power, if any, for that lighting; (ii) the type of approach lighting; (iii) the visual approach slope indicator system, if any; (iv) a description of the visual docking guidance systems at any aprons used by aircraft conducting international operations, and the aircraft parking positions where the systems are installed; and Local information (d) the following local information about the aerodrome: (i) the hours of operation, if applicable; (ii) the available ground services; (iii) any special procedures; (iv) any local precautions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.100 Form of aerodrome manual (1) The operator of a certified aerodrome must keep the copies of the aerodrome manual for the aerodrome in a printed form. Penalty: 10 penalty units. (2) Other copies of the manual may be kept in an electronic form. (3) If CASA approves, the manual may consist of more than 1 document. (4) The operator must keep the manual in a way that tells a person reading the manual: (a) when changes have been made to the information in the manual; and (b) whether the manual is up-to-date. Penalty: 10 penalty units. (5) An offence against subregulation (1) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.105 Amendments of aerodrome manual (1) The operator of a certified aerodrome must amend the aerodrome manual for the aerodrome, whenever it is necessary to do so, to maintain the accuracy of the manual. Penalty: 10 penalty units. (2) To maintain the accuracy of the aerodrome manual, CASA may give written directions to the operator requiring the operator to amend the manual in accordance with the direction. (3) An operator must comply with a direction given to the operator under subregulation (2). Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.110 Notice of amendments (1) The operator of a certified aerodrome must tell CASA, in writing, of any amendment that the operator makes to the aerodrome manual for the aerodrome within 30 days after the amendment is made. Penalty: 5 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.115 Aerodrome manual controller (1) The operator of a certified aerodrome must appoint a person to be the aerodrome manual controller for the aerodrome's aerodrome manual. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The functions of the aerodrome manual controller are to ensure that: (a) a record is kept of the persons who hold copies of the whole or a part of the aerodrome manual; and (b) updates of information for the manual are distributed to those persons. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.120 Care and diligence in operation and maintenance The operator of a certified aerodrome must ensure that the aerodrome is operated and maintained with a reasonable degree of care and diligence. Penalty: 20 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.125 Reporting officer (1) The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The functions of a reporting officer are: (a) to monitor the serviceability of the aerodrome; and (b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under subregulation 139.155(1). (4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer's functions. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.130 Works safety officer for aerodrome works other than time-limited works (1) If aerodrome works (other than time-limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint 1 or more persons as works safety officers for the aerodrome works. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out. (4) The operator must not appoint a person as a works safety officer for the aerodrome works if the person has not been trained, in accordance with the Manual of Standards, to perform the works safety officer's function. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.135 Works safety officer for time-limited works If time-limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained, in accordance with the Manual of Standards, to perform the function of a works safety officer performs that function for those works. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.140 Training of aerodrome personnel The operator of a certified aerodrome must ensure that all personnel of the operator are trained in accordance with the standards for training aerodrome personnel set out in the Manual of Standards. Penalty: 20 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.145 Aerodrome manual procedures (1) Subject to any directions issued under subregulation (2), the operator of a certified aerodrome must operate and maintain the aerodrome in accordance with the procedures set out in the aerodrome manual for the aerodrome. Penalty: 25 penalty units. (2) CASA may direct the operator of a certified aerodrome to change the procedures set out in the aerodrome manual, if CASA considers it necessary in the interests of the safety of aircraft. (3) An operator must comply with a direction given to the operator under subregulation (2). Penalty: 25 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.150 Notice of deviation (1) This regulation applies if a deviation from a procedure set out in the aerodrome manual for a certified aerodrome is made to ensure the safety of aircraft. (2) The operator of the aerodrome must tell CASA, in writing, of the deviation within 30 days after the deviation was made. Penalty: 5 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.155 Notice of changes in physical condition etc of aerodrome (1) The operator of a certified aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of: (a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; and (b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft. Penalty: 10 penalty units. (2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.160 Notice of changes in information published in AIP-ERSA (1) To maintain the accuracy of the information published in AIP-ERSA in relation to a certified aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS). Penalty: 5 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.165 Physical characteristics of movement area The operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual of Standards. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.170 Aerodrome markings (1) The operator of a certified aerodrome must mark the following areas of the aerodrome in accordance with the standards set out in the Manual of Standards: (a) the movement area; (b) any unserviceable area; (c) any works area on or near the movement area. Penalty: 10 penalty units. (2) The operator must ensure that all aerodrome markings are maintained in accordance with the standards set out in the Manual of Standards. Penalty: 10 penalty units. (3) In this regulation: " unserviceable area " means a part of the movement area that is unavailable for use by aircraft. " works area " means a part of the aerodrome in which maintenance or construction works are in progress that may endanger the safety of aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.175 Signal area (1) The operator of a certified aerodrome that does not have a continuous air traffic service provided by air traffic control during the day must provide a signal area in accordance with the standards set out in the Manual of Standards. Penalty: 10 penalty units. (2) The operator must display an appropriate signal in the signal area in any circumstances set out in the Manual of Standards that require such a signal to be displayed. Penalty: 10 penalty units. (3) The operator must ensure that the signal area and any signal displayed in it are clearly visible to any aircraft intending to use the aerodrome. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.180 Wind direction indicators--general The operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards, install and maintain at least 1 wind direction indicator at the aerodrome. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.185 Wind direction indicators--requirement for certain runways (1) If a runway at a certified aerodrome is used in non-precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non-precision approach operations can be conducted. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) CASA may grant an exemption to the operator under regulation 11.160 from compliance with subregulation (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by: (a) an automatic weather observing system that: (i) is compatible with the Bureau of Meteorology's weather observing system; and (ii) provides surface wind information through an aerodrome weather information broadcast; or (b) an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or (c) any other approved means of providing surface wind information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.190 Visual approach slope indicator system (1) The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations. Penalty: 10 penalty units. Note: On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T-VASIS, AT-VASIS and PAPI. (2) CASA may direct the operator to provide an approved visual approach slope indicator system for the approach end or ends of a runway to which subregulation (1) does not apply, if CASA considers it necessary in the interests of the safety of aircraft. (3) The operator must comply with a direction given to the operator under subregulation (2). Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.195 Lighting of movement area (1) If a certified aerodrome is available for an aircraft to land or take-off at night, or in less than VMC during the day, the operator of the aerodrome must provide and maintain a lighting system for the movement area of the aerodrome that is in accordance with subregulations (2) and (3). Penalty: 20 penalty units. (2) The lighting system must include: (a) lighting of runways, taxiways and aprons intended for use at night or in less than VMC during the day; and (b) lighting of at least 1 wind direction indicator; and (c) lighting of obstacles within the movement area; and (d) if the aerodrome has a runway intended to serve Category I, II or III precision approach operations--approach, runway and taxiway lighting for the runway and taxiway. (3) The lighting system must: (a) if the lighting system is of a kind for which standards are specified in the Manual of Standards--meet those standards; or (b) in any other case--be, or be of a kind, approved by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.200 Checking of lighting systems (1) The operator of a certified aerodrome must not put a new lighting system of a kind mentioned in subregulation (3) into service at the aerodrome if both of the following requirements are not met: (a) an approved pilot has conducted a flight check of the system; (b) an electrical engineer or a licensed electrician has checked the system for compliance with any applicable electrical specifications and technical standards set out in the Manual of Standards. Penalty: 10 penalty units. (2) If checking compliance with a specification requires the use of survey instruments, the operator must ensure that the checking is done by: (a) a person with a degree, diploma or certificate in surveying or civil engineering; or (b) a person with experience and competence in surveying that is acceptable to CASA. Penalty: 10 penalty units. (3) For subregulation (1), the kinds of lighting systems are as follows: (a) an approach lighting system; (b) a runway lighting system for instrument approach runways; (c) a visual approach slope indicator system for jet-propelled aircraft (other than a system intended for use on a temporary basis for a period not longer than 30 days); (d) a pilot-activated lighting system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.205 Aerodrome emergency committee (1) The operator of a certified aerodrome must establish an aerodrome emergency committee. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.210 Aerodrome emergency plan (1) The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan. (2) The plan must include: (a) procedures for coordinating the responses of all emergency service organisations referred to in the plan; and (b) any other matters that are required to be included in the emergency plan by the Manual of Standards. (3) The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly. (4) The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan. (5) As soon as practicable after an emergency exercise has been carried out at the aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to: (a) review the effectiveness of the responses to the exercise or the emergency; and (b) assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and (c) take such corrective action as is necessary to ensure that the plan operates properly. (6) The operator must ensure that: (a) records of each review of the emergency plan carried out under this regulation are kept; and (b) each record is retained for at least 3 years after the review to which the record relates was carried out. Penalty: 10 penalty units. (7) An offence against subregulation (6) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.215 Testing of aerodrome emergency plan (1) Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test: (a) the coordination of the emergency service organisations referred to in the aerodrome's emergency plan; and (b) the adequacy of the procedures and facilities provided for in the plan. Penalty: 10 penalty units. (2) If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask CASA to extend the period within which the next emergency exercise must be conducted. (3) CASA must grant the request if it is satisfied that: (a) all emergency service organisations referred to in the plan responded to the real emergency; and (b) the real emergency adequately tested the plan. (4) In granting the request, CASA may extend the period until the end of 2 years after the real emergency occurred. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.220 Aerodrome serviceability inspections (1) An aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations. (2) The inspection must include the following: (a) an inspection of the movement area to check its surface condition (including for the presence of foreign objects); (b) an inspection of aerodrome markings, lighting, wind direction indicators and ground signals; (c) an inspection for any obstacles infringing the take-off, approach and transitional surfaces; (d) an inspection for any birds or animals on or near the movement area; (e) an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing); (f) an empirical assessment of the bearing strength of unrated runway pavements; (g) an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations; (h) an inspection of the aerodrome's frequency confirmation system (if any); (i) a check of whether any NOTAMS for the aerodrome are current and accurate. (3) The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.225 When aerodrome serviceability inspections must be conducted (1) The operator of a certified aerodrome must conduct an aerodrome serviceability inspection: (a) on each day on which an airline service operates at the aerodrome; or (b) in any other case--at least twice a week. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection: (a) after a gale, storm or other severe weather; and (b) at any time that air traffic control or CASA requires the inspection. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.230 Aerodrome technical inspections (1) An aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected. (2) The inspection must include the following: (a) an instrument survey of the approach, take-off and transitional surfaces; (b) an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator; (c) an electrical testing of any earthing points at the aerodrome; (d) an inspection and assessment of the movement area pavements and drainage; (e) an inspection of signs on the movement area; (f) an inspection of facilities at the aerodrome used for any of the following: (i) aerodrome emergencies; (ii) the handling of hazardous materials; (iii) bird and animal hazard management; (iv) stand-by and emergency aerodrome lighting; (g) an inspection of airside vehicle control arrangements (if any); (h) a check of the currency and accuracy of: (i) aerodrome information published in AIP; and (ii) aerodrome operating procedures specified in the aerodrome manual for the aerodrome. (3) The inspection must comply with all applicable standards for aerodrome technical inspections set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.235 When aerodrome technical inspections must be conducted etc (1) The operator of a certified aerodrome must ensure that: (a) an aerodrome technical inspection is conducted at intervals of not more than 12 months; or (b) if the operator has elected to have a part or parts of the inspection conducted at different times under subregulation (2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months. Penalty: 10 penalty units. (2) The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts. (3) If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable. Penalty: 10 penalty units. (4) The operator: (a) must, if the operator has elected to have a part or parts of an aerodrome technical inspection conducted at different times under subregulation (2): (i) keep records of each part of each inspection; and (ii) retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or (b) must, in any other case: (i) keep records of each inspection; and (ii) retain each record for at least 3 years after the inspection to which the record relates was conducted. Penalty: 10 penalty units. (5) An offence against subregulation (1) or (4) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.240 Who may conduct aerodrome technical inspections (1) The operator of a certified aerodrome must ensure that an aerodrome technical inspection is conducted by a person or persons with appropriate technical qualifications and experience. Penalty: 10 penalty units. (2) In particular: (a) the movement area, other pavements and drainage must be inspected by a person who has a recognised degree, diploma or certificate in civil engineering or appropriate technical experience; and (b) the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and (c) the obstacle limitation surfaces must be inspected by a person who: (i) is technically qualified or experienced in surveying; and (ii) has a sound knowledge and understanding of the standards and survey procedures for obstacle limitation surfaces. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.245 Planning and execution of aerodrome works (1) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots. Penalty: 10 penalty units. (2) The operator must comply with the standards set out in the Manual of Standards in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.250 Safety management system (1) This regulation applies: (a) to an aerodrome used by aircraft engaged in international operations--on and after 1 November 2005; and (b) to any other certified aerodrome--on and after 1 January 2007. (2) The operator of a certified aerodrome to which this regulation applies must ensure that the aerodrome has a safety management system that complies with the standards set out in the Manual of Standards. Penalty: 10 penalty units. Note: This regulation is based on an ICAO requirement that is to come into effect in November 2005. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.251 Definition for Division 139.B.4 In this Division: " A-SMGCS " means Advanced Surface Movement Guidance and Control System, as defined in ICAO Document 9830 (Advanced Surface Movement Guidance and Control Systems (A-SMGCS) Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.252 Designation of aerodromes to which A-SMGCS applies (1) CASA may designate a certified aerodrome as an aerodrome to which A-SMGCS applies. (2) However, CASA may designate the aerodrome as an aerodrome to which A-SMGCS applies only if: (a) an ATS provider for the aerodrome: (i) asks CASA to designate the aerodrome as an aerodrome to which A-SMGCS applies; and (ii) gives CASA a safety assessment demonstrating that the use of A-SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome's manoeuvring area; and (b) CASA is satisfied, on the basis of the safety assessment, that the use of A-SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome's manoeuvring area. (3) The designation must: (a) be in writing; and (b) set out the date it takes effect, which must be not less than 6 months after the day it is made. (4) CASA must give a copy of the designation to: (a) the operator of the aerodrome; and (b) the ATS provider who made the request under paragraph (2)(a). (5) If CASA: (a) receives a request and safety assessment under paragraph (2)(a) for a certified aerodrome from an ATS provider for the aerodrome; and (b) decides not to designate the aerodrome as an aerodrome to which A-SMGCS applies; CASA must tell the ATS provider, in writing, as soon as practicable, of the decision and the reasons for it. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.254 Vehicles at aerodromes to which A-SMGCS applies (1) This regulation applies to an aerodrome that is designated as an aerodrome to which A-SMGCS applies. (2) The operator of the aerodrome commits an offence if the operator does not, before the designation takes effect: (a) establish the procedures mentioned in subregulations (3) and (4); and (b) publish the procedures in its aerodrome manual. Penalty: 25 penalty units. (3) The procedures must require any vehicle that enters, or moves on, the aerodrome's manoeuvring area: (a) to be fitted with: (i) serviceable electronic surveillance equipment that meets the technical standards for the equipment published in the Manual of Standards; and (ii) serviceable radiocommunications equipment capable of maintaining two-way radio communication with air traffic control; or (b) to be accompanied by another vehicle that meets the requirements mentioned in paragraph (a). (4) The procedures must require the driver of a vehicle that is fitted with the equipment mentioned in paragraph (3)(a): (a) to monitor the air traffic control radio frequency for surface traffic at all times that the vehicle is on the aerodrome's manoeuvring area; and (b) to communicate with air traffic control as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area. (5) The operator commits an offence if, after the designation takes effect: (a) the operator does not comply with the procedures mentioned in subregulations (3) and (4); or (b) the operator does not ensure that a person who operates a vehicle on the aerodrome's manoeuvring area complies with the procedures; or (c) the operator does not ensure that a driver of a vehicle on the aerodrome's manoeuvring area complies with the procedures. Penalty: 25 penalty units. (6) An offence against subregulation (2) or (5) is an offence of strict liability. Subpart 139.C --Registered aerodromes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.255 Definition for this Subpart In this Subpart: " aerodrome register "means the register established and maintained under regulation 139.275. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.260 Application for registration of aerodrome (1) The operator of an aerodrome (other than a aerodrome to which regulation 139.040 applies) may apply to CASA for registration of the aerodrome. Note: See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures. (2) An application must be in the approved form and must be accompanied by: (a) the information about the aerodrome required by Appendix 1 to this paragraph, including a diagram of the aerodrome in accordance with that Appendix; and (b) a written statement, signed by a person approved under regulation 139.320, to the effect that: (i) the person has conducted a safety inspection of the aerodrome; and (ii) the aerodrome meets the applicable standards referred to in regulation 139.295 for registered aerodromes and is safe for operation; and (c) the name or names of the person or persons who are to be the reporting officers for the aerodrome. (3) Despite paragraph (2)(b), until the end of 1 May 2006, the statement mentioned in that paragraph may be given by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320(2). Appendix 1 to paragraph 139 . 260(2)(a) (Diagram and information for application for registration of aerodrome) (1) The diagram of the aerodrome must show the following: (a) the layout of runways, their designations (runway numbers) and length in metres; (b) the layout of taxiways and aprons; (c) the location of the aerodrome reference point; (d) the location of all wind direction indicators; (e) the elevation of the aerodrome at the highest point of the landing surface; (f) the magnetic bearing and distance to the nearest population centre, and what that centre is. (2) The information about the aerodrome must include: Aerodrome administration (a) the following information about the aerodrome and its administration: (i) the name of the aerodrome; (ii) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; (iii) the State or Territory in which the aerodrome is located and the latitude and longitude for the location; (iv) whether the aerodrome is a public or private aerodrome; (v) the charges for use of the aerodrome; (vi) the name and contact details for the persons who are to be the reporting officers for the aerodrome; and Runways (b) the following information for each runway at the aerodrome: (i) the runway reference code number for the approach and take-off areas that have been surveyed; (ii) runway width and slope; (iii) runway strip width (grade and overall); (iv) declared distances and supplementary take-off distances; (v) pavement strength rating; and Aerodrome lighting (c) for each runway at the aerodrome that may be used at night--the following information: (i) whether the runway edge lights are low, medium or high intensity lights; (ii) whether approach lighting is provided; (iii) whether pilot-activated lighting is provided and, if pilot-activated lighting is provided, its frequency; (iv) whether T-VASIS or PAPI lighting systems are provided; (v) whether there is an aerodrome beacon; (vi) whether there is stand-by power or portable lighting; (vii) information about any other lighting provided; and Ground services (d) the following information about ground services available to visiting pilots: (i) the types of aviation fuel available and contact details for fuel suppliers; (ii) contact details for local weather information; (iii) details of the universal communication system; and Special procedures (e) information about any special procedures that pilots need to observe or follow; and Notices (f) the following local safety information: (i) the presence of obstacles or other hazards (including animals or birds); (ii) restrictions on the use of taxiways or aprons; (iii) other activities at the aerodrome (for example, sport aviation activities). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.265 Registration of aerodromes CASA must, if the operator of an aerodrome has applied for registration of the aerodrome in accordance with regulation 139.260: (a) register the aerodrome by entering the following information about the aerodrome in the aerodrome register: (i) the name of the aerodrome; (ii) the details of the location of the aerodrome; (iii) the name and address of the operator; and (b) tell the operator, in writing, that the aerodrome is registered; and (c) direct AIS to publish in AIP-ERSA details of the registration and the information about the aerodrome required by Appendix 1 to paragraph 139.260(2)(a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.270 Notice of refusal to register aerodrome If CASA refuses to register an aerodrome, CASA must, no later than 14 days after it refuses to register the aerodrome, give the operator of the aerodrome written notice of the refusal and the reasons for it. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.275 Register (1) CASA must establish and keep, in the approved form, a register of aerodromes registered under this Subpart. (2) CASA must make the aerodrome register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions. (3) CASA may comply with subregulation (2) by making the information recorded in the aerodrome register accessible on the Internet. (4) CASA must alter the information recorded in the aerodrome register if that information is not up to date. (5) CASA must correct the information in the aerodrome register if there is an error in that information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.280 Duration of registration (1) The registration of an aerodrome remains in force unless it is cancelled. (2) However, the registration is not in force during any period in which it is suspended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.285 Cancellation of registration on request (1) If the operator of a registered aerodrome wishes the registration of the aerodrome to be cancelled, the operator must give CASA not less than 30 days' written notice of the date on which the operator wishes the registration to be cancelled. (2) CASA must cancel the registration on the date specified in the notice and arrange for: (a) the cancellation to be notified in NOTAMS; and (b) details of the registration and any other information about the aerodrome to be removed from AIP-ERSA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.290 Suspension or cancellation of registration by CASA (1) CASA may, by written notice given to the operator of a registered aerodrome, suspend or cancel the registration of the aerodrome if there are reasonable grounds for believing that: (a) the aerodrome fails to meet any of the standards applicable to the aerodrome under regulation 139.295; or (b) the operator of the aerodrome has failed to comply with regulation 139.025, 139.300, 139.305, 139.310 or 139.315. (2) Before suspending or cancelling the registration of an aerodrome, CASA must: (a) give to the operator a show cause notice that: (i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and (ii) invites the operator to show cause, in writing, within 30 days after the date of the notice, why the registration should not be suspended or cancelled; and (b) take into account any written submissions that the operator makes to CASA within the time allowed under subparagraph (a)(ii). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.295 Applicable standards for registered aerodromes The standards applicable to registered aerodromes are: (a) the standards applicable to certified aerodromes in relation to the following matters: (i) physical characteristics of the movement area; (ii) obstacle limitation surfaces; (iii) aerodrome markings; (iv) lighting; (v) wind direction indicators; (vi) signal circle and ground signals; and (b) any other standards set out in the Manual of Standards that are applicable to registered aerodromes. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.300 Reporting officer (1) The operator of a registered aerodrome must appoint 1 or more reporting officers for the aerodrome. (2) The functions of a reporting officer are: (a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and (b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under regulation 139.305. (3) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer's functions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.305 Notice of changes in physical condition etc of aerodrome (1) The operator of a registered aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of: (a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; or (b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft. (2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.310 Notice of changes in information published in AIP-ERSA To maintain the accuracy of the information published in AIP-ERSA in relation to a registered aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.315 Safety inspections (1) This regulation applies to a registered aerodrome that is used by an aircraft that: (a) is engaged in regular public transport operations or charter operations; and (b) has a maximum passenger seating capacity of more than 9 seats. (2) The operator of the aerodrome must arrange for a safety inspection of the aerodrome to be conducted at least once each year. (3) The safety inspection must be conducted by a person approved under regulation 139.320. (4) The approved person must give the operator a written report that: (a) deals with the matters set out in Appendix 1 to this paragraph; and (b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards. (5) Within 30 days after receiving the report, the operator must give to CASA: (a) a copy of the report; and (b) if the report specifies any remedial work as being necessary--a statement as to when and how the operator intends to do the remedial work. (6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but met the requirements of Part 1 of Schedule 11 of CAR as in force immediately before that commencement. Appendix 1 to paragraph 139 . 315(4)(a) (Matters to be dealt with in safety inspections) Details of aerodrome (1) Check that the following details relating to the aerodrome, published in AIP-ERSA or given to air transport operators, are correct: (a) details of the location of the aerodrome; (b) the name and address of the aerodrome operator; (c) details of the movement area; (d) details of runway distances available; (e) details of the aerodrome lighting; (f) details of ground services; (g) notice of special conditions and procedures, if any. Aerodrome operating procedures (2) Check aerodrome operating procedures to ensure that the following matters are dealt with: (a) recording of aerodrome inspections; (b) recording of notices given to the NOTAM Office and AIS or to air transport operators; (c) recording of aerodrome works. Reporting officer (3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer's functions. Details relating to movement area etc (4) Check the following: (a) dimensions and surface conditions of runways, taxiways and aprons; (b) aerodrome lighting, including back-up lighting and obstacle lighting; (c) wind direction indicators and their illumination; (d) aerodrome markings and signs; (e) obstacle limitation surfaces applicable to the aerodrome; (f) two-way radios (whether hand-held or installed in vehicles) used by the aerodrome operator on the movement area; (g) equipment used for dispersing birds; (h) aerodrome fencing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.320 Approval of persons to conduct aerodrome safety inspections (1) A person may apply to CASA for approval to conduct aerodrome safety inspections for this Subpart. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. (2) Subject to regulation 11.055, CASA must approve the person if CASA is satisfied that the person: (a) has: (i) a recognised degree, diploma or certificate in civil engineering, surveying or a related field and a sound knowledge of the parts of these Regulations and the standards, practices and procedures that are applicable to the operation and maintenance of aerodromes; or (ii) other qualifications, knowledge and experience that CASA considers suitable for conducting an aerodrome safety inspection; and (b) would, if the approval is given, be able to perform properly the aerodrome safety inspection function. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.325 Duration of approval (1) Unless sooner cancelled, an approval under regulation 139.320 remains in force until the end of 5 years after it is given. (2) An approval is not in force during any period in which it is suspended, but the period of suspension counts as part of the 5 year approval period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.330 Suspension or cancellation of approval by CASA (1) CASA may suspend or cancel an approval of a person under regulation 139.320, by written notice given to the person, if the person has not properly carried out, or is no longer properly carrying out, the aerodrome safety inspection function. (2) Before cancelling or suspending the approval, CASA must: (a) give the person written notice: (i) stating the reasons that, in the opinion of CASA, would justify the cancellation or suspension; and (ii) advising the person that he or she may, within 30 days after the date of the notice, give CASA written reasons why the approval should not be suspended or cancelled; and (b) take into account any written reasons given to it by the person within the time allowed under subparagraph (a)(ii). Subpart 139.D --Reporting officer and safety inspection requirements for certain other aerodromes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.335 Aerodromes to which this Subpart applies (1) This Subpart applies to an aerodrome that: (a) is not a certified aerodrome or a registered aerodrome; and (b) is used at least once a week by an aircraft that: (i) is engaged in regular public transport operations or charter operations; and (ii) has a maximum passenger seating capacity of more than 9 seats but not more than 30 seats. (2) To establish the applicability of this Subpart to an aerodrome, CASA may direct the operator of the aerodrome to give to CASA statistics about the number of movements at the aerodrome, in a specified period, of aircraft to which subparagraphs (1)(b)(i) and (ii) apply. (3) An aerodrome operator must comply with a direction given to the operator under subregulation (2). Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.340 Reporting officer (1) The operator of an aerodrome to which this Subpart applies must appoint 1 or more reporting officers for the aerodrome. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The functions of a reporting officer are: (a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and (b) to report to the operators that use the aerodrome any changes in conditions, or any other occurrences, at the aerodrome that may affect the safety of aircraft operations. (4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer's functions. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.345 Safety inspections (1) The operator of an aerodrome to which this Subpart applies must arrange for a safety inspection of the aerodrome to be conducted at least once each year. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) The safety inspection must be conducted by a person approved, under regulation 139.320, to conduct safety inspections for Subpart 139.C. Penalty: 10 penalty units. (4) The approved person must give the operator a written report that: (a) deals with the matters set out in Appendix 1 to this paragraph; and (b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards. (5) Within 30 days after receiving the report, the operator must give to CASA: (a) a copy of the report; and (b) if the report specifies any remedial work as being necessary--a statement as to when and how the operator intends to do the remedial work. Penalty: 10 penalty units. (6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320(2). Appendix 1 to paragraph 139 . 345(4)(a) (Matters to be dealt with in safety inspections) Details of aerodrome (1) Check that the following details relating to the aerodrome, published in AIP-ERSA or given to air transport operators, are correct: (a) details of the location of the aerodrome; (b) the name and address of the aerodrome operator; (c) details of the movement area; (d) details of runway distances available; (e) details of the aerodrome lighting; (f) details of ground services; (g) notice of special conditions and procedures, if any. Aerodrome operating procedures (2) Check aerodrome operating procedures to ensure that the following matters are dealt with: (a) recording of aerodrome inspections; (b) recording of notices given to the NOTAM Office and AIS or to air transport operators; (c) recording of aerodrome works. Reporting officer (3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer's functions. Details relating to movement area etc (4) Check the following: (a) dimensions and surface conditions of runways, taxiways and aprons; (b) aerodrome lighting, including back-up lighting and obstacle lighting; (c) wind direction indicators and their illumination; (d) aerodrome markings and signs; (e) obstacle limitation surfaces applicable to the aerodrome; (f) two-way radios whether hand-held or installed in vehicles used by the aerodrome operator on the movement area; (g) equipment used for dispersing birds; (h) aerodrome fencing. Subpart 139.E --Obstacles and hazards CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.350 Monitoring of airspace (1) The operator of a certified aerodrome or a registered aerodrome must monitor the airspace around the aerodrome for infringement of the obstacle limitation surfaces by: (a) any object, building or structure; or (b) any gaseous efflux having a velocity exceeding 4.3 metres per second. (2) The monitoring must be in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.355 Establishment of obstacle limitation surfaces An aerodrome operator must ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.360 Notice of obstacles (1) An aerodrome operator must take all reasonable measures to ensure that obstacles at, or within the vicinity of, the aerodrome are detected as quickly as possible. (2) If the operator becomes aware of the presence of an obstacle, the operator must: (a) tell the NOTAM Office immediately; and (b) give the NOTAM Office details of: (i) the height and location of the obstacle; and (ii) amended declared distances and gradients, if applicable. Penalty: 10 penalty units. (3) If the operator becomes aware of any development or proposed construction near the aerodrome that is likely to create an obstacle, the operator must: (a) tell CASA as soon as practicable; and (b) give to CASA details of the likely obstacle. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.365 Structures 110 metres or more AGL A person who proposes to construct a building or structure the top of which will be 110 metres or more AGL must inform CASA of that intention and the proposed height and location of the building or structure. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.370 Hazardous objects etc (1) CASA may determine, in writing, that: (a) an obstacle, or any proposed development or other proposed construction that is likely to create an obstacle; or (b) a building or structure the top of which is 110 metres or more AGL; or (c) a proposed building or structure the top of which will be 110 metres or more AGL; is, or will be, a hazardous object because of its location, height or lack of marking or lighting. (2) CASA may determine, in writing, that a gaseous efflux having a velocity exceeding 4.3 metres per second is, or will be, a hazard to aircraft operations because of the velocity or location of the efflux. (3) If CASA makes a determination under subregulation (1) or (2), it must: (a) publish in AIP or NOTAMS particulars of the hazardous object or gaseous efflux to which the determination relates; and (b) give written notice of the determination in accordance with subregulation (4). (4) CASA must give a copy of the notice: (a) in the case of a hazardous object that is a proposed building or structure: (i) to the person proposing to construct the building or structure; and (ii) to the authority or, if applicable, one or more of the authorities whose approval is required for the construction; and (b) in any other case, if a person who owns or is in occupation or control of the hazardous object, or owns or is in control of the installation that produces the gaseous efflux, can reasonably be identified--to that person. Subpart 139.F --Aerodrome radio communication services CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.375 Aerodrome operators to collect statistics if directed (1) If CASA considers it necessary in the interests of the safety of air navigation, CASA may, in writing, give directions to an aerodrome operator about collecting: (a) statistics about: (i) the types of aircraft using the aerodrome; and (ii) the times of aircraft movements at the aerodrome; and (b) other information, specified by CASA in the direction, that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome. (2) An aerodrome operator must comply with a direction given to the operator under subregulation (1). Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.380 Definitions for Division 139.F.2 In this Division: " frequency confirmation system " means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received. " non-controlled aerodrome " means an aerodrome at which an air traffic control service is not operating. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.385 Aerodromes that must have a frequency confirmation system (1) The operator of a non-controlled aerodrome must ensure that there is a frequency confirmation system for the aerodrome in accordance with subregulation (2) if: (a) the aerodrome is located in an MBZ; or (b) the aerodrome is used at least 5 times a week by aircraft that: (i) are engaged in regular public transport operations or charter operations; and (ii) have a maximum passenger seating capacity of more than 9 seats. Penalty: 10 penalty units. (2) The frequency confirmation system must comply with the standards for frequency confirmation systems set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.390 Definitions for Division 139.F.3 In this Division: " AAIS "(automatic aerodrome information service) means the service that provides current, routine information for aircraft arriving at or departing from an aerodrome by means of repetitive broadcasts on a discrete frequency. " air/ground radio service means" an aerodrome radio information service that provides aircraft operating in the MBZ of an aerodrome with the services and information specified in section 14.2 of the Manual of Standards. " certified air/ground radio operator , or CA/GRO", means a person who is certified as a CA/GRO under regulation 139.430. " certified air/ground radio service , or CA/GRS, in relation to an aerodrome, means" an air/ground radio service for the aerodrome certified in accordance with regulation 139.410. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.395 Air/ground radio service must be certified (1) The operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a CA/GRS. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) Subregulation (1) does not apply if the operator has CASA's written approval to operate the service for the purpose of conducting tests necessary to determine whether the service meets the standards for a CA/GRS set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.400 Direction by CASA to provide CA/GRS (1) CASA may direct the operator of an aerodrome to provide a CA/GRS at the aerodrome. (2) CASA must not give a direction under subregulation (1) unless an aeronautical study for the aerodrome has found that a CA/GRS is required at the aerodrome for the safety of air navigation. (3) An operator must comply with a direction given to the operator under subregulation (1). Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.405 Voluntary provision of CA/GRS An aerodrome operator who has not been given a direction under regulation 139.400 may provide a CA/GRS at the aerodrome. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.410 Certification of air/ground radio service (1) The operator of an aerodrome may ask CASA to certify an air/ground radio service for the aerodrome as meeting the standards for a CA/GRS set out in the Manual of Standards. (2) A request must be made to CASA in accordance with the Manual of Standards. (3) If the operator asks CASA to certify an air/ground radio service under this regulation, or because of a direction under regulation 139.400, CASA must certify the service if it meets the standards for a CA/GRS set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.415 General obligations of aerodrome operator The operator of an aerodrome that has a CA/GRS must ensure that: (a) the CA/GRS is provided with the facilities required for a CA/GRS by the Manual of Standards; and (b) only a CA/GRO operates the CA/GRS; and (c) if the aerodrome is a certified aerodrome--the aerodrome manual for the aerodrome includes the operational procedures for the CA/GRS; and (d) the CA/GRS is operated in accordance with regulation 139.420. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.420 When CA/GRS must be operating (1) The CA/GRS must be operating for the arrival and departure of an aircraft that: (a) is engaged in regular public transport operations or charter operations; and (b) has a maximum passenger seating capacity of more than 30 seats. (2) Subregulation (1) does not apply if: (a) an air traffic control service is operating at the aerodrome; or (b) an exemption from the requirement is in effect under regulation 11.160. (3) Also, subregulation (1) does not apply for the limited period mentioned in subregulation (4) if: (a) the CA/GRO is absent from duty because of sickness or injury; or (b) the CA/GRS is unserviceable. (4) The limited period is the lesser of: (a) 7 days; and (b) the period of the absence from duty or the unserviceability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.425 Information about operating hours to be given to NOTAM Office (1) The operator of an aerodrome that has a CA/GRS must give the NOTAM Office the following information, in writing: (a) the hours of operation of the CA/GRS; (b) the radio frequency and the call-sign of the CA/GRS; (c) the radio frequency of the AAIS for the aerodrome. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. (3) If the CA/GRS becomes unavailable at the hours of operation notified under paragraph (1)(a), the operator must tell the NOTAM Office as soon as practicable. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.430 Certified air/ground radio operators (1) A person may apply to CASA for certification as a CA/GRO. (2) The application must be made to CASA in accordance with the Manual of Standards. (3) Subject to regulation 11.055, on receiving an application under this regulation, CASA must grant the application if the applicant meets the standards for a CA/GRO set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.435 Offences (1) When a CA/GRO is providing a CA/GRS, he or she must not perform any other duties that are unrelated to the provision of the CA/GRS. Penalty: 5 penalty units. (2) The operator of an aerodrome must not allow a CA/GRO to provide a CA/GRS at the aerodrome if: (a) the CA/GRO: (i) has consumed any alcohol in the 8 hours before the service is to be provided; or (ii) is suffering from an incapacity that is likely to impair his or her efficiency in providing the service; and (b) the operator knows of that fact. Penalty: 5 penalty units. Subpart 139.H --Aerodrome rescue and firefighting services Note: As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.700 Applicability of this Subpart (1) This Subpart applies to aerodrome rescue and firefighting services. (2) This Subpart sets out: (a) how a person receives approval as a provider of an aerodrome rescue and firefighting service; and (b) the operating and technical standards applicable to such a service. Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a provider of an aerodrome rescue and firefighting service. (3) This Subpart does not apply to: (a) a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or (b) any aerodrome rescue and firefighting service provided by the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.705 Definitions for this Subpart (1) In this Subpart: " airside of an aerodrome has the same meaning as airside" of an airport in the Airports Act 1996. " ARFFS " means aerodrome rescue and fire-fighting service. " ARFFS operation " means an operation undertaken in carrying out a function mentioned in paragraph 139.710(1)(a) or (b). " ARFFS provider " for an aerodrome means the person or organisation that provides ARFFS for the aerodrome. " category " of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention. " ERSA " means the part of AIP known as En Route Supplement Australia. " Manual of Standards " means the document called 'Manual of Standards (MOS) - Subpart 139.H' issued by CASA under regulation 139.712, as in force from time to time. (2) A reference in this Subpart to an AFC certificate of a particular level is a reference to: (a) a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or (b) a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.710 Functions of ARFFS (1) The functions of an ARFFS for an aerodrome are: (a) to rescue persons and property from an aircraft that has crashed or caught fire during landing or take-off; and (b) to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft. (2) Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.711 Person not to provide service without approval (1) A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 139.H.5, to provide the ARFFS. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.712 Issue of Manual of Standards (1) CASA may issue a Manual of Standards for this Subpart that provides for the following matters: (a) standards and criteria for the establishment and disestablishment of an ARFFS; (b) standards relating to the procedures, systems and documents required for the provision of an ARFFS; (c) standards for facilities and equipment used to provide an ARFFS; (d) standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS; (e) any matter required or permitted by these Regulations to be provided for by the Manual of Standards; (f) any matter necessary or convenient to be provided for the effective operation of this Subpart. Note: A Manual of Standards is a legislative instrument--see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making. (2) CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ARFFS provider. Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.715 Effect of Manual of Standards (1) If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown. (2) CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.750 Requirements in this Division A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure: (a) must exist; and (b) must be in use. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.755 Definition for Division--applicable standards and requirements (1) In this Division: " applicable standards and requirements " , for an aerodrome of a particular category, means: (a) for an aerodrome to which subregulation (2) applies--the standards and requirements for an aerodrome of its category set out in: (i) Chapter 9 of Annex 14 to the Chicago Convention; and (ii) the Manual of Standards; or (b) for any other aerodrome--the standards and requirements for an aerodrome of its category set out in the Manual of Standards. (2) This subregulation applies to: (a) an aerodrome from or to which an international passenger air service operates; and (b) any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year. (3) In paragraph (2)(a): " international passenger air service " means: (a) an international air service (within the meaning given by subsection 3(1) of the Air Navigation Act 1920) that carries passengers, other than a non-scheduled service (within the meaning given by that subsection); or (b) a non-scheduled passenger-carrying flight, or program of non-scheduled passenger-carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or (c) a non-scheduled passenger-carrying flight, or program of non-scheduled passenger-carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A(3) of that Act, that such a permission is not required. (4) For paragraph (2)(b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department. Note: Department means the Department administered by the Minister who administers these Regulations (see section 19A of the Acts Interpretation Act 1901 as it applies because of section 13 of the Legislation Act 2003). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.760 Inconsistency between Manual and chapter 9 of Annex 14 If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.765 Knowledge, equipment and expertise to deal with aviation hazards An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.770 General obligation to maintain service (1) An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability. (2) Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by Chapter 9 of Annex 14 to the Chicago Convention. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.771 Response time of ARFFS (1) An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention. (2) Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.772 Buildings and emergency facilities (1) An ARFFS provider for an aerodrome to which subregulation 139.755(2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome: (a) a fire station; (b) communications facilities; (c) facilities for the maintenance of vehicles and equipment; (d) training facilities; (e) storage facilities; (f) if there is a body of water within 1 000 metres of a runway threshold--a boat ramp and boat launching facilities. (2) The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards. (3) The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle. (4) The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards. (5) An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755(2) applies, the following facilities: (a) a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards; (b) storage for a reserve stock of extinguishing agents. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.773 Officer in charge (1) An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds: (a) for an aerodrome categorised as Category 6 or above--an AFC Advanced Diploma that meets the standards in the Manual of Standards; or (b) for an aerodrome categorised as Category 5 or below--an AFC Diploma that meets the standards in the Manual of Standards. (2) In paragraphs (1)(a) and (b): " AFC " means Australian Fire Competencies. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.775 Notice about times service is available etc (1) An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available. (2) If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office: (a) of the reduction in the service; and (b) how long it is likely to be before the full service is restored. (3) The provider must tell CASA in writing of any proposed reduction in the standard of service that: (a) will last longer than 24 hours; or (b) reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under Chapter 9 of Annex 14 to the Chicago Convention. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.780 Agreements with other fire fighting bodies (1) An ARFFS provider may make an arrangement: (a) for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996)--with the Defence Force for the provision of the ARFFS provider's services to the Defence Force for the part of the aerodrome under the control of the Force; or (b) with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned. (2) If a provider makes such an arrangement, the provider must ensure that it is recorded in writing. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.785 Stock of fire extinguishing agents (1) There must be, on the aerodrome, a stock of fire-extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements. (2) The fire-extinguishing agents must be held in at least the quantities required by those standards and requirements. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.795 Extinguishing equipment and vehicles (1) There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire. (2) There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements. (3) Each vehicle or piece of equipment: (a) must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and (b) must have at least the performance (in other respects) required by those standards and requirements. (4) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements. (5) Each vehicle and piece of equipment must be in good working order. (6) The vehicles must be of a colour permitted by the applicable standards and requirements. (7) The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record-keeping on or for the vehicle or equipment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.800 Other vehicles and equipment (1) There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements. (2) The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements. (3) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements. (4) The provider must keep maintenance instructions for each piece of the provider's equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record-keeping on or for the equipment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.805 Vehicles and equipment for firefighting and rescue in difficult environments (1) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway. (2) The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements. (3) The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.810 Commissioning of certain equipment An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator's aerodrome manual, and any applicable standards or requirements in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.815 Protective clothing and equipment At the aerodrome there must be, for the firefighters and rescue personnel: (a) protective clothing that complies with: (i) if there is a relevant Australian Standard (as in force immediately before this regulation commences)--that Standard; or (ii) if there is no such Australian Standard--any relevant internationally recognised standard; in at least the quantity required by the applicable standards and requirements; and (b) other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.820 Communications (1) There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation. (2) The vehicles used for the service must carry suitable communications equipment. (3) A person who is required to operate the equipment must hold an aeronautical radio operator certificate. (4) The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.825 Test and maintenance equipment (1) The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service. (2) If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.830 Commissioning of new vehicles and equipment The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless: (a) the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider's operations manual; and (b) CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and (c) any necessary personnel training has been completed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.835 Number of operating personnel (1) During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity. (2) Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.840 Medical standard of firefighters (1) The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards. (2) There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.845 Qualifications and training of firefighters (1) The people employed as firefighters must already be trained to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard. (2) Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2. (3) The people employed as firefighters must receive appropriate training to familiarise them with local conditions. (4) There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard. (5) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.850 Operations manual (1) There must be an operations manual for the service that complies with the standards set out in the Manual of Standards. (2) The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned. (3) The operations manual must be kept up to date. (4) Each of the provider's employees must have ready access to an up-to-date copy of the operations manual. (5) The provider must give CASA a copy of the operations manual, and of any changes to it. (6) There must be an up-to-date copy of the operations manual at each operational station. (7) The provider must comply with the requirements of the operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.855 Amendment of operations manual (1) An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA. (2) CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction. (3) The provider must comply with the direction. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.860 Voice data recording There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.865 Record of accidents or incidents There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.870 Contingency plan (1) There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted. (2) The plan must include at least the following: (a) actions to be taken by firefighters and rescue personnel; (b) possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials); (c) notification procedures; (d) procedures for re-establishing normal services. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.875 Records management (1) There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service. (2) The records must include: (a) voice records made under regulation 139.860; and (b) records of accidents or incidents made under regulation 139.865. (3) A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.880 Organisation The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.885 System for rectification of service failures There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.890 Quality control There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.895 Change management There must be a system, in accordance with the Manual of Standards, to manage changes in: (a) equipment and procedures; and (b) what the service does; and (c) the level or kinds of service provided; and (d) the way the service is provided. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.900 Safety management There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.905 Applicant's organisation (1) The provider must tell CASA in writing: (a) who its managers are; and (b) its organisational structure; and (c) how many staff of each class it uses to provide the service. (2) The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1)(a), (b) or (c) within 14 days after the change. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.910 Telling users and CASA about changes (1) There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety-related information about changes, faults or interruptions to the service. (2) The procedure must comply with CASA's requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office. (3) If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 139.H.3, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable: (a) why the service is not being provided at that standard; and (b) how long it is likely to be before the service can be resumed; and (c) what action the service provider has taken and will take to resume the service at that standard. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.915 Powers of officer in charge or firefighter (1) In this regulation: " firefighter ", in relation to an ARFFS operation for an aerodrome, means: (a) somebody employed as a firefighter by the ARFFS provider for the aerodrome; or (b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service. " officer in charge ", in relation to an ARFFS operation for an aerodrome, means: (a) the person appointed under regulation 139.773 as officer in charge of ARFFS operations at the aerodrome; or (b) if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service--that person. " volunteer ", in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge. (2) For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may: (a) give directions that he or she thinks proper to firefighters and volunteers under his or her control; and (b) take measures that he or she thinks proper. (3) Without limiting paragraph (2)(b), the officer in charge may do the following things for the purpose of the ARFFS operation: (a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property; (b) close a road or other thoroughfare to traffic; (c) use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply); (d) disconnect electricity supply to premises; (e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property; (f) order a person to leave premises, an aircraft or other property; (g) remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation; (h) take a fire engine or other fire appliance onto land or premises; (i) shore up or destroy a wall or building that is insecure or may be dangerous to persons or property; (j) direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do. (4) For an ARFFS operation, a firefighter may do something mentioned in paragraph (3)(a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3)(j) if there are reasonable grounds for believing that, for the operation: (a) it is necessary or desirable to do the thing; and (b) it is not practicable for him or her to get authorisation to do so. (5) A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with: (a) a direction of the officer in charge under paragraph (3)(f); or (b) a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if: (i) the firefighter or volunteer has been authorised under paragraph (3)(j) by the officer in charge to give it; or (ii) the conditions in paragraphs (4)(a) and (b) are satisfied in relation to the direction. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.920 Definition for Division In this Division: " show cause notice " means a notice under regulation 139.1015. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.925 How to apply for approval as ARFFS provider (1A) An eligible person may apply to CASA for approval as an ARFFS provider. (1) A person is eligible to apply for approval as an ARFFS provider if: (a) the person is mentioned in column 2 of an item in table 139.925; and (b) the application relates to an aerodrome mentioned in column 3 of that item. (2) The application must be in writing. (3) The application: (a) must set out the applicant's name and address; and (b) if the applicant is a corporation (within the meaning given by the Corporations Act 2001)--must set out the applicant's registered address and ACN and the names and addresses of its officers. (4) In paragraph (3)(b): " officer " has the meaning given by section 9 of the Corporations Act 2001. (5) The applicant must include with the application: (a) a copy of the applicant's operations manual, prepared as if the applicant were an approved provider; and (b) information that will enable CASA to decide whether or not the applicant is of sound financial standing; and (c) a statement of the intended location and category of the service to be provided. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Table 139.925 Item Applicant Aerodrome 1 the Commonwealth any aerodrome 2 AA any aerodrome 2A Delta Fire Service Pty. Ltd. Townsville Airport 3 Broome Airport Services Pty Ltd Broome International Airport 4 Administration of Norfolk Island Norfolk Island International Airport 5 a person who is to provide an ARFFS at a particular aerodrome: (a) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or (b) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995 the aerodrome mentioned in column 2 6 a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216(1)(e) of the Airports Act 1996 the aerodrome specified in the arrangement mentioned in column 2 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.965 When CASA must grant approval (1) Subject to regulation 11.055 and subregulation (3), if a person has applied for approval as an ARFFS provider under this Subpart, CASA must grant the approval. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (3) CASA may approve an application only if CASA approves the applicant's draft operations manual. (4) CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards. (6) Without limiting regulations 11.056 and 11.067, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.970 When decision must be made (1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application. (2) However, if CASA makes a request under regulation 11.035 or 11.040, the time between when CASA makes the request, and when the applicant's officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period. (3) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. (4) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.995 Application for variation of approval (1) An approved ARFFS provider may apply to vary its approval. (2) Regulations 139.965 and 139.970 apply to the application. Note: Part 11 also contains provisions relating to an application for variation of approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.1005 Suspension or continued suspension of approval by show cause notice (1) CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. (2) If a show cause notice states that the approval is suspended: (a) if the approval is already suspended when the show cause notice is given to the holder--the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or (b) the approval is suspended from when the notice is given to the approved ARFFS provider concerned. (3) CASA may revoke the suspension at any time. (4) If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.1010 Grounds for cancellation of approval It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider: (a) has breached a condition of the approval; or (b) has contravened the Act or these Regulations; or (c) has otherwise been guilty of conduct that renders the holder's continued holding of the approval likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.1015 Notice to approved ARFFS provider to show cause (1) CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval. (2) A show cause notice must: (a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and (b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled. (3) For paragraph (2)(b), the period must not be less than 7 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.1020 Cancellation of approval after show cause notice (1) CASA may cancel an approval only if: (a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and (b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and (c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and (d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation. (2) If CASA has given a show cause notice to an approved ARFFS provider, and it decides not to cancel the approval, it: (a) must tell the provider in writing of the decision; and (b) must, if the approval is suspended, revoke the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.1022 Cancellation if holder ceases to provide ARFFS (1) CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item. (2) CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases. (3) CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases. Part 141 --Recreational, private and commercial pilot flight training, other than certain integrated training courses Table of contents Subpart 141.A -- General 141.005 What Part 141 is about 141.010 Aircraft and flight simulation training devices to which Part 141 applies 141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate 141.020 Definition of key personnel for Part 141 141.025 Definition of significant change for Part 141 141.030 Definitions for Part 141 141.035 Approvals by CASA for Part 141 141.040 Legislative instruments--flight training 141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters 141.050 Part 141 flight training--requirement for Part 141 certificate or approval Subpart 141.B -- Part 141 certificates 141.055 Part 141 certificates--application 141.060 Part 141 certificate--issue 141.065 Part 141 certificate--approval of operations manual 141.070 Part 141 certificate--conditions 141.075 Part 141 certificate--compliance with conditions Subpart 141.C -- Part 141 operators--changes 141.080 Part 141 operators--changes of name etc 141.085 Part 141 operators--application for approval of significant changes 141.090 Part 141 operators--approval of significant changes 141.095 Part 141 operators--process for making changes 141.100 Part 141 operators--CASA directions relating to operations manual or key personnel Subpart 141.D -- Part 141 operators--organisation and personnel 141.105 Part 141 operators--organisation and personnel 141.110 Part 141 operators--key personnel cannot carry out responsibilities 141.115 Part 141 operators--familiarisation training for key personnel 141.120 Part 141 operators--chief executive officer: responsibilities and accountabilities 141.125 Part 141 operators--head of operations: qualifications and experience 141.130 Part 141 operators--head of operations: responsibilities 141.155 Part 141 operators--key personnel: additional qualification and experience requirements 141.160 Part 141 operators--reference library Subpart 141.E -- Part 141 operators--instructors 141.165 Part 141 operators--instructors must comply with Part 141 certificate 141.170 Part 141 operators--instructors must comply with operations manual 141.175 Part 141 operators--instructors must be authorised under Part 61 141.180 Part 141 operators--instructors must have access to records 141.185 Part 141 operators--instructors must hold valid standardisation and proficiency check for operator 141.190 Part 141 operators--holding valid standardisation and proficiency check for operator 141.195 Part 141 operators--standardisation and proficiency check requirements 141.200 Part 141 operators--instructors--training in human factors principles and non-technical skills 141.205 Part 141 operators--instructors must be competent to conduct flight training in flight simulation training device 141.210 Part 141 operators--person recommended for flight test Subpart 141.G -- Part 141 operators--quality system 141.225 Part 141 operators--quality system for flight simulation training devices Subpart 141.H -- Part 141 operators--personnel fatigue management Subpart 141.I -- Part 141 operators--operations manuals 141.260 Part 141 operators--content of operations manual 141.265 Part 141 operators--compliance with operations manual by operator 141.270 Part 141 operators--providing personnel with operations manual Subpart 141.J -- Part 141 operators--logs and records 141.275 Part 141 operators--making and keeping flight training records 141.280 Part 141 operators--availability of flight training records Subpart 141.K -- Part 141 operators--miscellaneous offences 141.285 Part 141 operators--suitable facilities, records and resources for flight test 141.290 Part 141 operators--pilot in command to be authorised under Part 61 141.295 Part 141 operators--carriage of passengers prohibited during abnormal operations or low-flying flight training 141.300 Part 141 operators--authorisation of carriage of passengers 141.305 Part 141 operators--completion of training and assessment of competency for certain solo flights 141.306 Part 141 operators--appropriate briefing and capability to conduct certain solo flights etc. 141.310 Part 141 operators--dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required 141.315 Part 141 operators--maximum period for use of foreign registered aircraft in Australian territory Subpart 141.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.005 What Part 141 is about This Part: (a) deals with the conduct of recreational, private and commercial pilot flight training, other than certain integrated training courses; and (b) makes provision for applicants for, and holders of, Part 141 certificates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.010 Aircraft and flight simulation training devices to which Part 141 applies (1) This Part applies only to the following: (a) an aeroplane, rotorcraft or airship that is permitted by its flight manual to be flown by one pilot; (b) an aeroplane, rotorcraft or airship covered by a type rating mentioned in a legislative instrument under regulation 142.045; (c) a flight simulation training device for an aircraft mentioned in paragraph (a) or (b). (2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship mentioned in paragraph (1)(a) or (b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate (1) Part 141 flight training is any of the following that is conducted in an aircraft or flight simulation training device: (a) training for the grant under Part 61 of a private pilot licence or commercial pilot licence that is not an integrated training course; (b) training for the grant under Part 61 of a recreational pilot licence; (c) training, other than training conducted as a multi-crew operation, for the grant under Part 61 of a flight crew rating other than a type rating; (d) training for the grant under Part 61 of a type rating mentioned in a legislative instrument under regulation 142.045; (e) training, other than training conducted as a multi-crew operation, for the grant under Part 61 of a flight crew endorsement other than: (i) a design feature endorsement; or (ii) a flight activity endorsement; (f) training, other than training conducted as a multi-crew operation, that is given as part of a flight review; (g) differences training: (i) that is required as mentioned in regulation 61.780 or 61.835 for a variant covered by a type rating mentioned in a legislative instrument under regulation 142.045; and (ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR. (2) Authorised Part 141 flight training, for a Part 141 operator, is Part 141 flight training mentioned in the operator's Part 141 certificate. (3) A Part 141 operator is the holder of a Part 141 certificate. (4) A Part 141 certificate is a certificate issued under regulation 141.060. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.020 Definition of key personnel for Part 141 In this Part: " key personnel ", for a Part 141 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator's organisation: (a) chief executive officer; (b) head of operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.025 Definition of significant change for Part 141 In this Part: " significant change ", for a Part 141 operator, means: (a) a change in relation to any of the following: (i) the location and operation of any of the operator's training bases, including the opening or closing of training bases; (ii) the operator's key personnel; (iii) a person authorised to carry out the responsibilities of any of the key personnel; (iv) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel; (v) the qualifications, experience and responsibilities required by the operator for any of the key personnel; (vi) the familiarisation training mentioned in regulation 141.115 for any of the key personnel; (vii) the operator's process for making changes: (A) that are significant changes; and (B) that are not significant changes; (viii) the authorised Part 141 flight training conducted by the operator; (ix) if the operator conducts the training in aircraft--the kinds of aircraft used to conduct the training; (x) if the operator conducts the training in flight simulation training devices: (A) the ownership arrangements for a device; or (B) the types of devices; or (b) if the operator conducts the training in foreign registered aircraft: (i) a change in the foreign registered aircraft used in the training; or (ii) a change in relation to a foreign registered aircraft used in the training, including a change to its nationality or registration mark; or (c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety: (i) the procedures by which the operator conducts and manages the training; (ii) training and checking conducted by the operator; (iii) the operator's dangerous goods manual (if any); (iv) the way the operator manages the risk of fatigue in its personnel; (v) the operator's safety policy; (vi) the operator's quality system; or (d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.030 Definitions for Part 141 In this Part: " aircraft ": see regulation 141.010. authorised Part 141 flight training , for a Part 141 operator: see subregulation 141.015(2). " conducts ": a Part 141 operator conducts Part 141 flight training if an instructor for the operator conducts the training on behalf of the operator. " instructor ", for a Part 141 operator, means a person engaged by the operator to conduct authorised Part 141 flight training on behalf of the operator. " key personnel ", for a Part 141 operator: see regulation 141.020. " low-flying flight training "means flight training that is conducted below 500 feet AGL. " operations manual ", for a Part 141 operator, means: (a) the set of documents approved by CASA under regulation 141.065 in relation to the operator; or (b) if the set of documents is changed under regulation 141.080, 141.090 or 141.100 or the process mentioned in regulation 141.095--the set of documents as changed. Part 141 certificate : see subregulation 141.015(4). Part 141 flight training : see subregulation 141.015(1). " personnel ", for a Part 141 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator's authorised Part 141 flight training: (a) an employee of the operator; (b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator; (c) an employee of a person mentioned in paragraph (b). " significant change ", for a Part 141 operator: see regulation 141.025. " training and checking ", for a Part 141 operator, means the training and assessment of proficiency that the operator conducts to ensure that its personnel are competent to perform their duties. " training base ", for a Part 141 operator, means a facility from which the operator conducts flight training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.035 Approvals by CASA for Part 141 (1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval. (2) Subject to regulation 11.055, CASA must grant the approval. (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.040 Legislative instruments--flight training For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe matters for paragraph 141.260(1)(u). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to the following for a Part 141 operator: (a) a change of which CASA is notified under regulation 141.080; (b) a significant change that is approved by CASA under regulation 141.090; (c) a change made under the process mentioned in regulation 141.095; (d) a change that is made as a consequence of a change made to the operator's operations manual in accordance with a direction given by CASA under regulation 141.100. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.050 Part 141 flight training--requirement for Part 141 certificate or approval (1) A person commits an offence if: (a) the person conducts Part 141 flight training; and (b) the person does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirement is that the person must hold: (a) a Part 141 certificate that authorises the person to conduct the training; or (b) an approval under regulation 141.035 to conduct the training. (3) An offence against this regulation is an offence of strict liability. Subpart 141.B --Part 141 certificates CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.055 Part 141 certificates--application (1) A person may apply to CASA, in writing, for a Part 141 certificate. (2) The application must include the following: (a) the applicant's name (including any operating or trading name), contact details and ABN (if any); (aa) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters; (b) if the applicant is an individual--a statement that the individual is, or proposes to be, the applicant's chief executive officer; (c) if the applicant is a corporation registered in Australia that has an ACN--its ACN and the address of its registered office; (d) if the applicant is a corporation not registered in Australia--the place it was incorporated or formed; (e) the Part 141 flight training that the applicant proposes to conduct; (f) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's chief executive officer that, if CASA issues the certificate, the applicant will: (i) be capable of operating in accordance with its operations manual and civil aviation legislation; and (ii) operate in accordance with its operations manual and civil aviation legislation. (3) The application must be: (a) accompanied by a copy of the applicant's proposed operations manual; and (b) signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.060 Part 141 certificate--issue (1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following: (a) the applicant's proposed operations manual complies with regulation 141.260; (b) the applicant can conduct the proposed Part 141 flight training safely and in accordance with its operations manual and civil aviation legislation; (c) the applicant's organisation is suitable to ensure that the training can be conducted safely, having regard to the nature of the training; (d) the chain of command of the applicant's organisation is appropriate to ensure that the training can be conducted safely; (e) the applicant's organisation has a sufficient number of suitably qualified and competent personnel to conduct the training safely; (f) the facilities of the applicant's organisation are sufficient to enable the training to be conducted safely; (g) the applicant's organisation has suitable procedures and practices to control the organisation and ensure the training can be conducted safely; (h) if the applicant is an individual--the applicant is, or proposes to be, the applicant's chief executive officer; (i) each of the applicant's proposed key personnel: (i) is a fit and proper person to be appointed to the position; and (ii) has the qualifications and experience required by Subpart 141.D for the position; and (iii) has the qualifications and experience required by the applicant under subparagraph 141.260(1)(e)(i) for the position (if any); and (iv) has the additional qualifications and experience required by CASA under regulation 141.155 for the position (if any). (2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following: (a) the applicant's proposed operations manual; (b) whether the applicant can comply with the proposed operations manual; (c) the content of the undertaking mentioned in paragraph 141.055(2)(f); (d) details of, and reasons for, any suspension or cancellation of: (i) a civil aviation authorisation issued to the applicant; or (ii) an equivalent authorisation issued to the applicant: (A) under the law of a foreign country; or (B) by a multinational aviation authority; (e) the suitability of the applicant's corporate and organisational structures for the training; (f) any other information: (i) accompanying the application; or (ii) in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application. (3) For subparagraph (1)(i)(i), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 11.055(4). (4) If CASA decides to issue the certificate, CASA must determine the Part 141 flight training the applicant is authorised to conduct, including any limitations or conditions in relation to the flight training. (5) The certificate must include: (a) the matters mentioned in subregulation (4); and (b) a certificate reference number determined by CASA. (6) If CASA approves a significant change to a Part 141 operator under regulation 141.090, CASA may issue a new Part 141 certificate to the operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.065 Part 141 certificate--approval of operations manual If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant's proposed operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.070 Part 141 certificate--conditions Each of the following is a condition of a Part 141 certificate issued to an operator: (a) the operator must comply with: (i) each provision of this Part that applies to the operator; and (ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and (iii) each other provision of civil aviation legislation that applies to the operator's authorised Part 141 flight training; (b) each of the operator's key personnel must comply with: (i) each provision of this Part that applies to the person; and (ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and (iii) each other provision of civil aviation legislation that applies to the operator's authorised Part 141 flight training; (c) each of the positions of the operator's key personnel must be filled; (d) each of the operator's personnel must comply with each provision of civil aviation legislation that applies to the operator's authorised Part 141 flight training; (e) if the operator is an individual--the individual must be the operator's chief executive officer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.075 Part 141 certificate--compliance with conditions (1) A Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 141.C --Part 141 operators--changes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.080 Part 141 operators--changes of name etc (1) A Part 141 operator commits an offence if the operator: (a) makes a change mentioned in subregulation (2); and (b) does not, before making the change: (i) amend its operations manual to reflect the change; and (ii) give CASA written notice of the change and a copy of the amended part of the operations manual clearly identifying the change. Penalty: 50 penalty units. (2) For paragraph (1)(a), the changes are the following: (a) a change to its name (including any operating or trading name) or contact details; (b) if the address of its operational headquarters is different from its mailing address--a change to the address of its operational headquarters. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.085 Part 141 operators--application for approval of significant changes (1) A Part 141 operator commits an offence if: (a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and (b) CASA has not approved the significant change. Penalty: 50 penalty units. (2) A Part 141 operator commits an offence if: (a) the operator makes a significant change that is the permanent appointment as any of the operator's key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and (b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made. Penalty: 50 penalty units. (3) A Part 141 operator commits an offence if: (a) the operator makes a significant change that is the permanent appointment as any of the operator's key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and (b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made. Penalty: 50 penalty units. (4) An application for approval of a significant change must: (a) be in writing; and (b) set out the change; and (c) be accompanied by a copy of the part of the operator's operations manual affected by the change, clearly identifying the change. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.090 Part 141 operators--approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change for a Part 141 operator if satisfied that the requirements mentioned in subregulation 141.060(1) will continue to be met. (2) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator's operations manual covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.095 Part 141 operators--process for making changes (1) A Part 141 operator commits an offence if: (a) the operator makes a change; and (b) the change is not made in accordance with the process described in the operator's operations manual for making changes. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.100 Part 141 operators--CASA directions relating to operations manual or key personnel (1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 141 operator to change its operations manual: (a) to remove particular information, procedures or instructions from the operations manual; or (b) to include particular information, procedures or instructions in the operations manual; or (c) to revise or vary the information, procedures or instructions in the operations manual. (2) CASA may direct a Part 141 operator to remove any of the operator's key personnel from the person's position if satisfied that the person is not: (a) carrying out the responsibilities of the position; or (b) if the person is the chief executive officer--properly managing matters for which the person is accountable. (3) A direction under this regulation must: (a) be in writing; and (b) state the time within which the direction must be complied with. (4) A Part 141 operator commits an offence if: (a) CASA gives the operator a direction under this regulation; and (b) the operator does not comply with the direction within the time stated in the direction. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. Subpart 141.D --Part 141 operators--organisation and personnel CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.105 Part 141 operators--organisation and personnel (1) A Part 141 operator must maintain an organisational structure that effectively manages its authorised Part 141 flight training, taking into account the following: (a) the nature and complexity of the training; (b) the number and kinds of aircraft or flight simulation training devices used to conduct the training; (c) the number and location of training bases used by the operator; (d) the number of the operator's personnel; (e) the number of course participants undertaking the training. (2) A Part 141 operator commits an offence if any of the operator's key personnel carries out a responsibility of the person's position otherwise than in accordance with the operator's operations manual or this Subpart. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.110 Part 141 operators--key personnel cannot carry out responsibilities (1) A Part 141 operator commits an offence if: (a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person's responsibilities for a period of longer than 30 days; and (b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the time is: (a) if there is not another person authorised to carry out the responsibilities for all or part of the period--24 hours after the operator becomes aware of the matter; or (b) if there is another person authorised to carry out the responsibilities for all or part of the period--3 days after the operator becomes aware of the matter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.115 Part 141 operators--familiarisation training for key personnel A Part 141 operator must ensure that before a person appointed as any of the operator's key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.120 Part 141 operators--chief executive officer: responsibilities and accountabilities (1) The chief executive officer of a Part 141 operator is responsible for the following: (a) ensuring that, for the safe conduct of the operator's authorised Part 141 flight training in accordance with the operator's Part 141 certificate, operations manual and civil aviation legislation, the operator: (i) has sufficient suitably experienced, qualified and competent personnel; and (ii) has a suitable management structure; and (iii) is adequately financed and resourced; (b) ensuring that the operator: (i) sets and maintains standards for the training in accordance with the operator's operations manual; and (ii) complies with civil aviation legislation; (c) if the operator conducts the training in aircraft--ensuring that the operator: (i) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine-engined aircraft for use in the training; and (ii) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (i) may: (A) affect the operator's safe conduct of the training; or (B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and (iii) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the training; and (iv) for each foreign registered aircraft (if any) used in the training--maintains the aircraft in accordance with the law of the country in which the aircraft is registered; (ca) ensuring that the operator has procedures that ensure that all of the operator's personnel understand the operator's safety policy; (cb) ensuring that the operator has processes for identifying and addressing deficiencies in the operator's authorised Part 141 training; (d) if the operator conducts the training in a flight simulation training device--ensuring that the operator implements and manages the operator's quality system; (e) establishing and regularly reviewing the operator's safety performance indicators and targets; (f) ensuring that the operator's operations manual is monitored and managed for continuous improvement; (g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with: (i) the operator's operations manual; and (ii) civil aviation legislation. (2) The chief executive officer of a Part 141 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.125 Part 141 operators--head of operations: qualifications and experience (1) The head of operations of a Part 141 operator must hold: (a) an instructor rating and either: (i) a grade 1 training endorsement under Part 61; or (ii) the required training endorsements for all the Part 141 flight training the operator proposes to conduct; or (b) an approval under regulation 141.035 to be the head of operations of the operator. (2) For paragraph (1)(b), the matters CASA may consider in deciding whether to approve a person as the head of operations of a Part 141 operator include the following: (a) the operator's current and proposed authorised Part 141 flight training; (b) the person's: (i) management experience; and (ii) formal educational qualifications; and (iii) experience as a trainer or educator; and (iv) operational experience; and (v) flight crew qualifications. (3) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 141 operator, direct the person to undertake an assessment mentioned in subregulation (4). (4) For subregulation (3), the assessment: (a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and (b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.130 Part 141 operators--head of operations: responsibilities (1) The head of operations of a Part 141 operator must safely manage the operator's authorised Part 141 flight training. (2) Without limiting subregulation (1), the responsibilities of the head of operations include the following: (a) ensuring that the operator conducts the training in accordance with principles of competency-based training in a consistent and systematic manner; (b) monitoring and maintaining, and reporting to the chief executive officer on, the operator's compliance with the provisions of civil aviation legislation and the operator's operations manual that apply to the training; (c) setting and maintaining the operator's standards for the training in accordance with the operator's operations manual; (d) developing, managing and maintaining the operator's dangerous goods manual (if any); (e) ensuring the proper allocation and deployment of aircraft and personnel for use in the training; (f) ensuring that the operator's personnel are provided with the information and documentation necessary to properly carry out their responsibilities; (g) ensuring that the operator has procedures that include the information mentioned in subregulation (3); (h) ensuring that the requirements mentioned in subregulation (4) are complied with for the training; (i) if the operator conducts the training in a flight simulation training device: (i) ensuring the correct operation and maintenance of the device; and (ii) ensuring that the device is used only in accordance with the operator's operations manual; (j) if the operator conducts the training in a flight simulator or flight training device--ensuring that the simulator or device is qualified under Part 60; (k) if the operator conducts the training in a synthetic trainer--ensuring that the trainer is approved under Civil Aviation Order 45.0; (l) if the operator conducts the training in any other device--ensuring that the device: (i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or (ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010); (m) managing the maintenance and continuous improvement of the operator's fatigue risk management system (if any); (n) ensuring the operator's personnel understand the operator's safety policy; (o) implementing and managing the operator's processes for identifying and addressing deficiencies in training outcomes for the operator's authorised Part 141 training, including the processes mentioned in subregulation (5). Note: For the definition of civil aviation legislation, see section 3 of the Act. (3) For paragraph (2)(g), the information is the following: (a) a training plan and syllabus for each kind of training; (b) a description of the operator's process to determine the competency of course participants; (c) a description of the operator's process to manage underperformance of course participants; (d) a description of how the operator ensures supervision of course participants when they are receiving training; (e) information about how the operator: (i) plans, delivers and reviews the training; and (ii) monitors the progress of course participants to clearly defined knowledge and flight standards; and (iii) maintains records of the results achieved by course participants in training activities and assessments; and (iv) ensures that it has the training facilities and resources to provide the training; and (v) maintains its training facilities and resources. (4) For paragraph (2)(h), the requirements are the following: (a) the conduct of the training must be monitored effectively; (b) each instructor who conducts the training must: (i) be authorised under Part 61 to conduct the training; and (ii) meet the requirements in the operator's operations manual about training in human factors principles and non-technical skills; and (iii) have an understanding of the operator's training syllabus for the training; and (iv) hold a valid standardisation and proficiency check for the operator under regulation 141.190; and (v) be supervised effectively; and (vi) comply with the operator's operations manual. (5) For paragraph (2)(o), the processes are the following: (a) a process for auditing the training; (b) a process for promoting the continual improvement of the training; (c) a process for evaluating the training outcomes from pre-flight test assessments and post-flight test feedback from flight examiners; (d) a process for regularly assessing the suitability of the operator's facilities and resources for conducting the training; (e) a process for recommending changes to a process mentioned in paragraphs (a), (b), (c) or (d). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.155 Part 141 operators--key personnel: additional qualification and experience requirements (1) This regulation applies to: (a) an applicant for a Part 141 certificate; or (b) a Part 141 operator. (2) CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under this Subpart. (3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person: (a) to undertake a stated examination; or (b) to be interviewed by CASA; or (c) to complete a stated training course. (4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following: (a) the need to ensure that the applicant or operator can conduct safe authorised Part 141 flight training in accordance with its operations manual and civil aviation legislation; (b) the nature and complexity of the training; (c) the leadership, management and standards-setting skills required by the person for the training; (d) how recently the person has used his or her aviation skills; (e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.160 Part 141 operators--reference library (1) A Part 141 operator commits an offence if the operator does not maintain a reference library that complies with subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the reference library must: (a) include the following documents: (i) all operational documents and material; (ii) the civil aviation legislation that is relevant to the operator's authorised Part 141 flight training; (iii) the parts of the AIP that are relevant to the training; (iv) documents that include information about the flight operations of each kind of aircraft operated by the operator to conduct the training that is necessary to ensure the safe conduct of the training; (v) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the training; (vi) any other publications, information or data required for the reference library by the operator's operations manual; and (b) be readily available to all members of the operator's personnel; and (c) be up-to-date and in a readily accessible form. (3) A Part 141 operator commits an offence if the operator does not keep up-to-date records of the distribution of operational documents to members of the operator's personnel. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. Subpart 141.E --Part 141 operators--instructors CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.165 Part 141 operators--instructors must comply with Part 141 certificate (1) An instructor for a Part 141 operator commits an offence if the instructor conducts Part 141 flight training otherwise than in accordance with the operator's Part 141 certificate. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.170 Part 141 operators--instructors must comply with operations manual (1) An instructor for a Part 141 operator commits an offence if the instructor conducts authorised Part 141 flight training for the operator otherwise than in accordance with the operator's operations manual. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.175 Part 141 operators--instructors must be authorised under Part 61 (1) A Part 141 operator commits an offence if: (a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and (b) the instructor is not authorised under Part 61 to conduct the training. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.180 Part 141 operators--instructors must have access to records (1) A Part 141 operator commits an offence if: (a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and (b) the instructor does not have access to the operator's training records for course participants. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.185 Part 141 operators--instructors must hold valid standardisation and proficiency check for operator (1) A Part 141 operator commits an offence if: (a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and (b) the instructor does not hold a valid standardisation and proficiency check for the operator under regulation 141.190. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.190 Part 141 operators--holding valid standardisation and proficiency check for operator (1) An instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if: (a) the instructor has successfully completed the operator's standardisation and proficiency check; and (b) the check complies with regulation 141.195; and (c) under subregulation (2) or (3), the check is valid. (2) A standardisation and proficiency check is valid for the period comprising: (a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and (b) the period of 12 months immediately following the month in which the check was completed. (3) If: (a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and (b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire; the new check is valid for 12 months beginning at the end of the day on which the existing check expires. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.195 Part 141 operators--standardisation and proficiency check requirements (1) A Part 141 operator's standardisation and proficiency check for an instructor must, for the flight training that the operator has engaged the instructor to conduct, check the competency of the instructor to: (a) deliver ground briefings in accordance with the operator's training syllabus; and (b) deliver flight training in an aircraft or flight simulation training device in accordance with the operator's training syllabus. (2) The check must be carried out by: (a) the operator's head of operations; or (b) a person authorised to conduct the check by the operator's head of operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.200 Part 141 operators--instructors--training in human factors principles and non-technical skills (1) A Part 141 operator commits an offence if: (a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and (b) the instructor does not meet the requirements in the operator's operations manual about training in human factors principles and non-technical skills. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.205 Part 141 operators--instructors must be competent to conduct flight training in flight simulation training device (1) A Part 141 operator commits an offence if: (a) an instructor for the operator conducts authorised Part 141 flight training for the operator in a flight simulation training device; and (b) the instructor has not been assessed by the operator as competent to conduct the training in the device. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.210 Part 141 operators--person recommended for flight test (1) A Part 141 operator and the operator's head of operations each commit an offence if: (a) a person is recommended for a flight test by: (i) the head of operations; or (ii) a person named in the operator's operations manual as responsible for the authorised Part 141 flight training to which the flight test relates; and (b) the person is not eligible under regulation 61.235 to undertake the test. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 141.G --Part 141 operators--quality system CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.225 Part 141 operators--quality system for flight simulation training devices (1) A Part 141 operator that conducts authorised Part 141 flight training in a flight simulation training device must have a quality system that ensures the correct operation and maintenance of the device. (2) The quality system must cover at least the following matters: (a) quality policy; (b) management responsibility; (c) document control; (d) resource allocation; (e) quality procedures; (f) internal audit. Subpart 141.H --Part 141 operators--personnel fatigue management Note: This Subpart is reserved for future use. Subpart 141.I --Part 141 operators--operations manuals CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.260 Part 141 operators--content of operations manual (1) An operations manual for a Part 141 operator must include the following: (a) the operator's name (including any operating or trading name), contact details and ABN (if any); (b) the address of: (i) the operator's operational headquarters; and (ii) each of the operator's training bases; (c) a description and diagram of the operator's organisational structure showing formal reporting lines including the formal reporting lines for each of the key personnel; (d) if the operator is a corporation--a description of the operator's corporate structure; (e) for each of the key personnel, the following information: (i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Subpart 141.D for the position; (ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Subpart 141.D for the position; (iii) the name of the person appointed to the position; (iv) the name of each person authorised to carry out the responsibilities of the position when the position holder: (A) is absent from the position; or (B) cannot carry out the responsibilities; (v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv); (f) each matter (if any) for which the chief executive officer is accountable in addition to the matters mentioned in regulation 141.120; (g) the name of each instructor appointed by the operator's head of operations to have responsibility for particular authorised Part 141 flight training; (h) a description of the operator's program for training and assessing personnel in human factors principles and non-technical skills; (i) details of the responsibilities of the operator's personnel (other than key personnel) under these Regulations; (j) a description of the authorised Part 141 flight training conducted by the operator including the training plans and syllabuses for the training; (k) a description of the procedures by which the operator conducts and manages the training, including the supervision of instructors and course participants; (l) if the operator conducts the training in aircraft: (i) for each registered aircraft--the kind of aircraft and its registration mark; and (ii) for each foreign registered aircraft-- the kind of aircraft and its nationality and registration marks; and (iii) a description of any leasing or other arrangements for the supply of any turbine-engined aircraft; and (iv) a description of the way any turbine-engined aircraft are managed and maintained, and the way continuing airworthiness of the aircraft is assured; and (v) a description of each flight training area; (m) if the training includes training for a flight crew licence or rating of a kind for which low-flying flight training is required--a description of how the operator will determine a suitable flight training area for the training; (ma) a description of the operator's safety policy; (mb) a description of how the operator will identify and address deficiencies in training outcomes of its authorised Part 141 flight training, including the operator's processes for: (i) auditing the training; and (ii) promoting the continual improvement of the training; and (iii) evaluating the training outcomes from pre-flight test assessments and post-flight test feedback from flight examiners; and (iv) regularly assessing the suitability of the operator's facilities and resources for conducting the training; and (v) recommending changes to a process mentioned in subparagraph (i), (ii), (iii) or (iv); (n) if the operator conducts the training in flight simulation training devices: (ia) a description of the operator's quality system; (i) a description of the devices used by the operator in conducting the training; and (ii) for each device--each purpose mentioned in Part 61 that the device may be used for; and (iii) for flight simulators and flight training devices--a description of the procedures by which the operator ensures the qualification of the simulators and devices under Part 60; and (iv) for synthetic trainers--a description of the procedures by which the operator ensures the approval of the trainers under Civil Aviation Order 45.0; and (v) for any other device--a description of the procedures by which the operator ensures that the device: (A) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or (B) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010); (o) a description of the way the operator manages the risk of fatigue in its personnel, including the operator's fatigue risk management system manual (if any); (p) the facilities used by the operator for the activities; (q) a description of any operations, other than the training, conducted by the operator; (r) a dangerous goods manual (if any); (s) a description of the operator's process for making changes including: (i) identifying changes that are significant changes; and (ii) identifying changes that are not significant changes; and (iii) telling CASA of the changes; (t) a description of any other matter required to be approved by CASA under these Regulations in relation to the training; (u) a matter prescribed by a legislative instrument under regulation 141.040 for this paragraph. (2) An operations manual for a Part 141 operator may include a list of material required for the operator's reference library. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.265 Part 141 operators--compliance with operations manual by operator (1) A Part 141 operator commits an offence if the operator contravenes a provision of its operations manual. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.270 Part 141 operators--providing personnel with operations manual (1) A Part 141 operator commits an offence if: (a) the operator's operations manual relates to a duty or responsibility of a person who is a member of the operator's personnel; and (b) the operator does not make the part of the operations manual that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 141.J --Part 141 operators--logs and records CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.275 Part 141 operators--making and keeping flight training records (1) A Part 141 operator commits an offence if: (a) a person completes a session of the operator's authorised Part 141 flight training; and (b) a record of the training is not made within 7 days after the session. Penalty: 50 penalty units. (2) A Part 141 operator commits an offence if the operator does not retain a record made under subregulation (1) for at least 7 years after the record is made. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.280 Part 141 operators--availability of flight training records (1) A Part 141 operator commits an offence if: (a) a record is made under regulation 141.275; and (b) the operator does not give a copy of the record to the person to whom it relates within 7 days after the record is made. Penalty: 50 penalty units. (2) A Part 141 operator commits an offence if: (a) a record is made under regulation 141.275; and (b) the operator receives a request from another Part 141 operator for a copy of the record; and (c) the operator holds a written authority from the person to whom the record relates to provide a copy of the person's records to another Part 141 operator if requested; and (d) the operator does not give a copy of the record to the other Part 141 operator within 7 days after receiving the request. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. Subpart 141.K --Part 141 operators--miscellaneous offences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.285 Part 141 operators--suitable facilities, records and resources for flight test (1) This regulation applies if a Part 141 operator arranges with a flight examiner for the examiner to conduct a flight test. (2) The Part 141 operator commits an offence if suitable facilities, records and resources are not available to the flight examiner for the flight test. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.290 Part 141 operators--pilot in command to be authorised under Part 61 (1) A Part 141 operator commits an offence if: (a) a person flies an aircraft used in the operator's authorised Part 141 flight training as pilot in command; and (b) the person is not authorised under Part 61 to fly the aircraft as pilot in command. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Note: See also subsection 20AB(1) of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.295 Part 141 operators--carriage of passengers prohibited during abnormal operations or low-flying flight training (1) A Part 141 operator commits an offence if: (a) during a flight of an aircraft for authorised Part 141 flight training for the operator: (i) a simulated engine or system failure that affects the aircraft's performance or handling characteristics is conducted; or (ii) low-flying flight training is conducted; and (b) a passenger is carried on the flight. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.300 Part 141 operators--authorisation of carriage of passengers (1) A Part 141 operator commits an offence if: (a) a person flies an aircraft used in the operator's authorised Part 141 flight training as pilot in command; and (b) the operator authorises the carriage of a passenger on the flight; and (c) the person is not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.305 Part 141 operators--completion of training and assessment of competency for certain solo flights Student pilots (1) A Part 141 operator commits an offence if: (a) a student pilot who is undertaking authorised Part 141 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and (b) the student pilot does not meet the requirements mentioned in subregulation (3). Penalty: 50 penalty units. (2) For paragraph (1)(a), the kinds of solo flight are the following: (a) a circuit training flight; (b) a flight between an aerodrome and the flight training area for the aerodrome; (c) a cross-country flight; (d) a flight at night. (3) For paragraph (1)(b), the requirements are the following: (a) the student pilot must have completed the training mentioned in the operator's operations manual that relates to the conduct of a solo flight of that kind by a student pilot; (b) the student pilot must have been assessed by the operator as competent to conduct the solo flight; (c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)--the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time. Holders of pilot licences (4) A Part 141 operator commits an offence if: (a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot's licence conducts a solo flight at night for the first time; and (b) the flight training is authorised Part 141 training for the operator; and (c) the holder does not meet the requirements mentioned in subregulation (5). Penalty: 50 penalty units. (5) For paragraph (4)(c), the requirements are the following: (a) the holder must have completed the training mentioned in the operator's operations manual that relates to the conduct of a solo flight for flight training for the rating or endorsement; (b) the holder must have been assessed by the operator as competent to conduct the solo flight. (6) A Part 141 operator commits an offence if: (a) the holder of a pilot licence who is receiving flight training from the operator for a recreational navigation endorsement conducts a solo cross-country flight or a flight at night for the first time; and (b) the holder has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time. Penalty: 50 penalty units. (7) An offence against this regulation is an offence of strict liability. Note: See also Subdivision 61.A.3.1 and regulation 61.1225. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.306 Part 141 operators--appropriate briefing and capability to conduct certain solo flights etc. (1) A Part 141 operator commits an offence if: (a) a person who is undertaking authorised Part 141 flight training with the operator conducts a solo flight for the first time; and (b) the person does not meet the requirements mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirements are the following: (a) the person must have been briefed appropriately for the flight; (b) the person must be capable of conducting the flight safely; (c) if the person is a student pilot--the person must: (i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (ii) have completed an approved course of training in English language proficiency; (d) the person must have an ARN. (3) Strict liability applies to paragraph (1)(a). Note: See also Subdivision 61.A.3.1 and regulation 61.1225. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.310 Part 141 operators--dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required Requirement for approval (1) A Part 141 operator commits an offence if: (a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and (b) the operator does not hold an approval under regulation 141.035 to do the act. Penalty: 50 penalty units. Acts in relation to cancelled authorisations (2) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 141 flight training, an aircraft the operation of which was authorised by a cancelled authorisation; (b) to employ, in connection with any of the operator's authorised Part 141 flight training, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation; (c) to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation. Acts in relation to suspended or varied authorisations (3) Subregulation (4) applies in relation to a suspended or varied authorisation. (4) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 141 flight training, an aircraft the operation of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied; (b) to employ, in connection with any of the operator's authorised Part 141 flight training, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied; (c) to conduct an operation, or part of an operation, the conduct of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied. Note: See section 28BB of the Act in relation to varying AOC conditions. Pending applications for authorisations (5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA. (6) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 141 flight training, an aircraft the operation of which would be authorised by the authorisation; (b) to employ, in connection with any of the operator's authorised Part 141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation; (c) to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation. Application for authorisation refused (7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA. (8) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 141 flight training, an aircraft the use of which would have been authorised by the authorisation; (b) to employ, in connection with any of the operator's authorised Part 141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation; (c) to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation. (9) An offence against this regulation is an offence of strict liability. (10) In this regulation: " cancelled authorisation " means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation. " employ " includes engage, whether by contract or other arrangement. " suspended authorisation " means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation. " varied authorisation " means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.315 Part 141 operators--maximum period for use of foreign registered aircraft in Australian territory (1) A Part 141 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the number of days is: (a) 90; or (b) if the operator holds an approval under regulation 141.035 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft. (3) An offence against this regulation is an offence of strict liability. (4) In this regulation: " authorised activity ", for a Part 141 operator, means an activity authorised by a civil aviation authorisation held by the operator. Part 142 --Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking Table of contents Subpart 142.A -- General 142.005 What Part 142 is about 142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices 142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142 142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142 142.025 Definition of key personnel for Part 142 142.030 Definition of significant change for Part 142 142.035 Definitions for Part 142 142.040 Approvals by CASA for Part 142 142.045 Legislative instruments--Part 142 operators 142.050 Part 142 activities--requirement for Part 142 authorisation 142.055 Part 142 activities--compliance with Part 142 authorisations: offence for operators 142.060 Part 142 activities--compliance with conditions of Part 142 authorisations: offence for operators Subpart 142.B -- Part 142 authorisations Division 142.B.1 -- AOCs for Part 142 activities that involve operation of aircraft 142.065 Prescribed purpose--Part 142 activities involving the operation of aircraft 142.070 Prescribed position--safety manager 142.075 Required material--reference library 142.080 AOC--application 142.085 AOC--conditions for issue 142.095 AOC--approval of exposition 142.100 AOC-- conditions Division 142.B.2 -- Certificates for Part 142 activities conducted in flight simulation training devices 142.105 Certificate--application 142.110 Certificate--issue 142.115 Certificate--approval of exposition 142.120 Certificate --conditions 142.125 Certificate holders--reference library 142.130 Certificate holders--regulations 11.070 to 11.075 do not apply in relation to certain matters Subpart 142.C -- Part 142 operators--changes 142.135 Part 142 operators--changes of name etc 142.140 Part 142 operators--application for approval of significant change 142.145 Part 142 operators--approval of significant changes 142.150 Part 142 operators--process for making changes 142.155 Part 142 operators--CASA directions relating to exposition or key personnel Subpart 142.D -- Part 142 operators--organisation and personnel 142.160 Part 142 operators--organisation and personnel 142.165 Part 142 operators--key personnel cannot carry out responsibilities 142.170 Part 142 operators--familiarisation training for key personnel 142.175 Part 142 operators--chief executive officer: experience 142.180 Part 142 operators--chief executive officer: responsibilities and accountabilities 142.185 Part 142 operators--head of operations: qualifications and experience 142.190 Part 142 operators--head of operations: responsibilities 142.195 Part 142 operators--safety manager: experience 142.200 Part 142 operators--safety manager: responsibilities 142.205 Part 142 operators--quality assurance manager: experience 142.210 Part 142 operators--quality assurance manager: responsibilities 142.215 Part 142 operators--key personnel: additional qualifications and experience requirements Subpart 142.E -- Part 142 operators--instructors and examiners 142.220 Part 142 activities--instructors and examiners must comply with Part 142 authorisation 142.225 Part 142 activities--instructors and examiners must comply with exposition 142.230 Part 142 operators--instructors and examiners must be authorised under Part 61 142.235 Part 142 operators--instructors and examiners must have access to records 142.240 Part 142 operators--instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices 142.245 Part 142 operators--person recommended for flight test Subpart 142.F -- Part 142 operators--training management system 142.250 Part 142 operators--training management system 142.255 Part 142 operators--training management system requirements Subpart 142.G -- Part 142 operators--safety management system 142.260 Part 142 operators--safety management system 142.265 Part 142 operators--safety management system requirements Subpart 142.H -- Part 142 operators--quality assurance management system 142.270 Part 142 operators--quality assurance management system 142.275 Part 142 operators--quality assurance management system requirements Subpart 142.I -- Part 142 operators--personnel fatigue management Subpart 142.J -- Part 142 operators--internal training and checking 142.310 Part 142 operators--internal training and checking system 142.315 Part 142 operators--internal training and checking system requirements 142.320 Part 142 operators--proficiency of instructors 142.325 Part 142 operators--holding valid standardisation and proficiency check for operator 142.330 Part 142 operators--standardisation and proficiency check requirements 142.335 Part 142 operators--instructors and examiners--training in human factors principles and non-technical skills Subpart 142.K -- Part 142 operators--expositions 142.340 Part 142 operators--content of exposition 142.345 Part 142 operators--compliance with exposition by operator 142.350 Part 142 operators--providing personnel with exposition Subpart 142.L -- Part 142 operators--logs and records 142.355 Part 142 operators--making and keeping records 142.360 Part 142 operators--availability of records Subpart 142.M -- Part 142 operators--miscellaneous offences 142.365 Part 142 operators--pilot in command for training to be authorised under Part 61 142.370 Part 142 operators--carriage of passengers prohibited during abnormal operations or low-flying activity 142.375 Part 142 operators--authorisation of carriage of passengers 142.380 Part 142 operators--integrated training courses: transfer of student from another Part 142 operator 142.385 Part 142 operators--completion of training and assessment of competency for certain solo flights 142.386 Part 142 operators--appropriate briefing and capability to conduct certain solo flights etc. 142.390 Part 142 operators--dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required 142.395 Part 142 operators--maximum period for use of foreign registered aircraft in Australian territory Subpart 142.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.005 What Part 142 is about This Part: (a) deals with the conduct of integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking; and (b) makes provision for applicants for, and holders of, Part 142 authorisations (which are AOCs or other certificates that deal with the training and checking mentioned in paragraph (a)). Note: See also Division 2 of Part III of the Act in relation to AOCs generally. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices (1) This Part applies only to: (a) an aeroplane, rotorcraft or airship; or (b) a flight simulation training device for an aircraft mentioned in paragraph (a). (2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142 (1) A Part 142 activity is any of the following conducted in an aircraft or a flight simulation training device: (a) Part 142 flight training; (b) contracted recurrent training; (c) contracted checking. (2) Part 142 flight training is any of the following: (a) an integrated training course for the grant under Part 61 of a private pilot licence or commercial pilot licence; (b) training for the grant under Part 61 of a multi-crew pilot licence, air transport pilot licence or flight engineer licence; (c) multi-crew cooperation training; (d) training for the grant under Part 61 of a type rating other than a type rating mentioned in an instrument under regulation 142.045; (da) training, conducted as a multi-crew operation, for the grant under Part 61 of a flight crew rating other than a type rating; (e) training, conducted as a multi-crew operation, for the grant under Part 61 of a flight crew endorsement other than: (i) a design feature endorsement; or (ii) a flight activity endorsement; (f) training that is given as part of a flight review that is conducted as a multi-crew operation; (g) differences training: (i) that is required as mentioned in regulation 61.780, 61.835 or 61.1370 for a variant covered by a type rating that is not a type rating mentioned in a legislative instrument under regulation 142.045; and (ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR. (3) An authorised Part 142 activity, for a Part 142 operator, is a Part 142 activity mentioned in the operator's Part 142 authorisation. (4) A Part 142 operator is the holder of a Part 142 authorisation. (5) A Part 142 authorisation is: (a) an AOC that authorises the conduct of a Part 142 activity in an aircraft; or (b) a certificate under Division 142.B.2 that authorises the conduct of a Part 142 activity in a flight simulation training device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142 In this Part: " contracted checking "means checking conducted by a Part 142 operator for a contracting operator. " contracted recurrent training "means recurrent training conducted by a Part 142 operator for a contracting operator. " contracting operator "means an aircraft operator who enters into a contract with a Part 142 operator for the Part 142 operator to conduct: (a) recurrent training for the aircraft operator; or (b) checking for the aircraft operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.025 Definition of key personnel for Part 142 In this Part: " key personnel ", for a Part 142 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator's organisation: (a) chief executive officer; (b) head of operations; (c) if the operator conducts authorised Part 142 activities only in aircraft, or aircraft and flight simulation training devices--safety manager; (d) if the operator conducts authorised Part 142 activities only in flight simulation training devices--quality assurance manager. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.030 Definition of significant change for Part 142 In this Part: " significant change ", for a Part 142 operator, means: (a) a change in relation to any of the following: (i) the location and operation of any of the operator's training bases, including the opening or closing of training bases; (ii) the operator's corporate structure; (iii) the operator's organisational structure; (iv) the operator's key personnel; (v) a person authorised to carry out the responsibilities of any of the key personnel; (vi) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel; (vii) the qualifications, experience and responsibilities required by the operator for any of the key personnel; (viii) the familiarisation training mentioned in regulation 142.170 for any of the key personnel; (ix) the operator's process for making changes: (A) that are significant changes; and (B) that are not significant changes; (x) the authorised Part 142 activities conducted by the operator; (xi) if the operator conducts the activities in aircraft--the kinds of aircraft used to conduct the activities; (xii) if the operator conducts the activities in turbine-engined aircraft--any leasing or other arrangements for the supply of a turbine-engined aircraft; (xiii) if the operator conducts the activities in flight simulation training devices: (A) the ownership arrangements for a device; or (B) the types of devices; or (b) if the operator conducts the activities in foreign registered aircraft: (i) a change in the foreign registered aircraft used in the activities; or (ii) a change in relation to a foreign registered aircraft used in the activities, including a change to its nationality or registration mark; or (c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety: (i) the procedures by which the operator conducts and manages the activities; (ii) the operator's operations manual; (iii) the operator's dangerous goods manual (if any); (iv) the operator's training management system manual; (v) the way that the operator manages the risk of fatigue in its personnel; (vi) the operator's internal training and checking system manual; (vii) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices--the operator's safety management system manual; (viii) if the operator conducts the activities only in flight simulation training devices--the operator's quality assurance management system manual; (ix) if the operator conducts the activities in aircraft: (A) the way the aircraft are managed or maintained; or (B) the way the continuing airworthiness of the aircraft is assured; or (d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.035 Definitions for Part 142 In this Part: " aircraft ": see regulation 142.010. authorised Part 142 activity , for a Part 142 operator: see subregulation 142.015(3). " checking "means the assessment of proficiency of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities. " conducts ": a Part 142 operator conducts a Part 142 activity if an instructor or examiner for the operator conducts the activity on behalf of the operator. " contracted checking ": see regulation 142.020. " contracted recurrent training ": see regulation 142.020. " contracting operator ": see regulation 142.020. " corporation ": see regulation 11.015. " examiner ", for a Part 142 operator, means a flight examiner or flight engineer examiner engaged by the operator: (a) to conduct flight tests for the grant of a licence, rating or endorsement under Part 61 on behalf of the operator; or (b) to conduct contracted checking on behalf of the operator. " exposition ", for a Part 142 operator, means: (a) the set of documents approved by CASA under regulation 142.095 or 142.115 in relation to the operator; and (b) if the set of documents is changed under regulation 142.135, 142.145 or 142.155, or the process mentioned in regulation 142.150--the set of documents as changed. " instructor ", for a Part 142 operator, means a person engaged by the operator to conduct Part 142 flight training or contracted recurrent training on behalf of the operator. " key personnel , " for a Part 142 operator: see regulation 142.025. " low-flying activity "means a flight that is conducted below 500 feet AGL, other than: (a) climbing from take-off; and (b) descending for the purpose of landing. " officer ", of a corporation, means: (a) for a corporation that is a company (within the meaning of the Corporations Act 2001)--a director, secretary or executive officer of the corporation; or (b) for a corporation of any other kind--a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001). Part 142 activity : see subregulation 142.015(1). Part 142 authorisation : see subregulation 142.015(5). Part 142 flight training : see subregulation 142.015(2). " personnel ", for a Part 142 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator's authorised Part 142 activities: (a) an employee of the operator; (b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator; (c) an employee of a person mentioned in paragraph (b). " significant change ", for a Part 142 operator: see regulation 142.030. " recurrent training "means the training of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities. " training base ", for a Part 142 operator, means a facility from which the operator conducts flight training, recurrent training or checking. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.040 Approvals by CASA for Part 142 (1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval. (2) Subject to regulation 11.055, CASA must grant the approval. (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation for the following provisions: (a) paragraph 142.050(3)(b); (b) paragraph 142.185(1)(b); (c) paragraph 142.185(4)(a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.045 Legislative instruments--Part 142 operators For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe the following: (a) type ratings for paragraph (d) and subparagraph (g)(i) of the definition of Part 142 flight training in subregulation 142.015(2); (b) matters for paragraph 142.340(1)(v). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.050 Part 142 activities--requirement for Part 142 authorisation (1) A person commits an offence if: (a) the person conducts a Part 142 activity in an aircraft; and (b) the person does not hold an AOC that authorises the person to conduct the activity. Penalty: 50 penalty units. (2) A person commits an offence if: (a) the person conducts a Part 142 activity in a flight simulation training device; and (b) the person does not meet the requirement mentioned in subregulation (3). Penalty: 50 penalty units. (3) For paragraph (2)(b), the requirement is that the person must hold: (a) a certificate under Division 142.B.2 that authorises the person to conduct the activity; or (b) an approval under regulation 142.040 to conduct the activity. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.055 Part 142 activities--compliance with Part 142 authorisations: offence for operators (1) A Part 142 operator commits an offence if the operator conducts an authorised Part 142 activity for the operator otherwise than in accordance with its Part 142 authorisation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.060 Part 142 activities--compliance with conditions of Part 142 authorisations: offence for operators (1) A Part 142 operator commits an offence if the operator contravenes a condition of its Part 142 authorisation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 142.B --Part 142 authorisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.065 Prescribed purpose--Part 142 activities involving the operation of aircraft For subsection 27(9) of the Act, conducting a Part 142 activity that involves the operation of an aircraft is a prescribed purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.070 Prescribed position--safety manager For paragraph (e) of the definition of key personnel in subsection 28(3) of the Act, the position of safety manager is prescribed for this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.075 Required material--reference library For paragraph 28BH(2)(b) of the Act, the following material is required for a Part 142 operator that holds an AOC that authorises the conduct of Part 142 activities that involve the operation of aircraft: (a) the civil aviation legislation that is relevant to the activities; (b) the parts of the AIP that are relevant to the activities; (c) all information about the flight operations of each kind of aircraft that is necessary to ensure the safe conduct of the activities; (d) any other publications, information or data required for the reference library by the operator's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.080 AOC--application (1) A person may apply to CASA for the issue of an AOC that authorises the person to conduct a Part 142 activity that involves the operation of an aircraft. (2) The application must include the following: (a) the applicant's name (including any operating or trading name), contact details and ABN (if any); (aa) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters; (b) if the applicant is an individual--a statement that the individual is, or proposes to be, the applicant's chief executive officer; (c) if the applicant is a corporation--the name of each of the officers of the corporation; (d) if the applicant is a corporation registered in Australia that has an ACN--its ACN and the address of its registered office; (e) if the applicant is a corporation not registered in Australia--the place at which it was incorporated or formed; (f) the Part 142 activities that the applicant proposes to conduct; (g) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's chief executive officer that, if CASA issues the AOC, the applicant will: (i) be capable of operating in accordance with its exposition and civil aviation legislation; and (ii) operate in accordance with its exposition and civil aviation legislation. Note: See also sections 27AB and 27AC of the Act. (3) The application must be: (a) accompanied by a copy of the applicant's proposed exposition; and (b) signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.085 AOC--conditions for issue (1) It is a condition for the issue to the applicant of an AOC that authorises the applicant to conduct Part 142 activities that CASA is satisfied of each of the following: (a) the applicant's proposed exposition complies with regulation 142.340; (b) the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation; (c) if the applicant is an individual--the applicant: (i) is a fit and proper person to be issued an AOC that authorises the conduct of the activities; and (ii) is, or proposes to be, the applicant's chief executive officer; (d) if the applicant is a corporation--each officer of the corporation is a fit and proper person to be an officer of a corporation that is issued an AOC that authorises the conduct of the activities; (e) each of the applicant's proposed key personnel; (i) is a fit and proper person to be appointed to the position; and (ii) has the qualifications and experience required by Subpart 142.D for the position; and (iii) has the qualifications and experience required by the applicant under subparagraph 142.340(1)(e)(i) for the position (if any); and (iv) has the additional qualifications and experience required by CASA under regulation 142.215 for the position (if any). Note: These matters are in addition to the matters specified in section 28 of the Act. (2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following: (a) the applicant's proposed exposition; (b) whether the applicant can comply with the proposed exposition; (c) the content of the undertaking mentioned in paragraph 142.080(2)(g); (d) details of, and the reasons for, any suspension or cancellation of: (i) a civil aviation authorisation issued to the applicant; or (ii) an equivalent authorisation issued to the applicant: (A) under the law of a foreign country; or (B) by a multinational aviation authority; (e) the suitability of the applicant's corporate and organisational structures for the activities; (f) any other information: (i) accompanying the application; or (ii) in any other document submitted to CASA by the applicant for the application, including any document requested by CASA in relation to the application. (3) For paragraphs (1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include the following: (a) the person's criminal record (if any), whether in Australia or a foreign country; (b) the person's bankruptcy (if any), whether in Australia or a foreign country; (c) the person's history (if any) of serious behavioural problems; (d) any evidence held by CASA that the person has contravened: (i) civil aviation legislation; or (ii) another law relating to transport (including aviation) safety, whether in Australia or a foreign country; (e) the person's demonstrated attitude towards compliance with regulatory requirements, in Australia or a foreign country, relating to transport (including aviation) safety; (f) the record of compliance with regulatory requirements relating to transport (including aviation) safety of any corporation in Australia or a foreign country in which the person: (i) is or was an officer or partner (however described); or (ii) holds or held a position equivalent to any of the applicant's key personnel; (g) for any corporation in which the person is or was an officer, or holds or held a position equivalent to any of the applicant's key personnel, in Australia or a foreign country, the following records: (i) the corporation's criminal record (if any); (ii) the corporation's record of insolvency, bankruptcy, receivership or winding up (if any); (iii) the corporation's record (if any) as a body subject to investigation or comment by any statutory authority established to regulate the share dealings or financial affairs of corporations; (h) any other matter relating to the fitness of the person to: (i) for an applicant--hold an AOC that authorises the conduct of the activities; or (ii) for an officer or proposed officer--be an officer of a corporation that holds an AOC that authorises the conduct of the activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.095 AOC--approval of exposition If CASA issues an AOC to the applicant that authorises the conduct of the proposed Part 142 activities, CASA is taken to have also approved the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.100 AOC--conditions (1) For paragraph 28BA(1)(b) of the Act, each of the following is a condition of an AOC issued to an operator that authorises the conduct of Part 142 activities: (a) the operator must comply with each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; (b) each of the operator's key personnel must comply with: (i) each provision of this Part that applies to the person; and (ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and (iii) each other provision of civil aviation legislation that applies to the activities; (c) each of the positions of the operator's key personnel must be filled; (d) each of the operator's personnel must comply with each provision of civil aviation legislation that applies to the activities; (e) if the operator is an individual--the individual must be the operator's chief executive officer; (f) the positions of chief executive officer and safety manager may be occupied by the same person only: (i) in an unforeseen circumstance; and (ii) for the period mentioned in subregulation (2); (g) the positions of head of operations and safety manager may be occupied by the same person only: (i) in an unforeseen circumstance; and (ii) for the period mentioned in subregulation (2). (2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is: (a) no more than 7 consecutive days for each unforeseen circumstance; or (b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance--the period mentioned in the approval for the unforeseen circumstance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.105 Certificate--application (1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct Part 142 activities in flight simulation training devices. (2) The application must include the following: (a) the information and documents mentioned in paragraphs 142.080(2)(a) to (f); (b) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's chief executive officer that, if CASA issues the certificate, the applicant will: (i) be capable of operating in accordance with its exposition and civil aviation legislation; and (ii) operate in accordance with its exposition and civil aviation legislation. (3) The application must be: (a) accompanied by a copy of the applicant's proposed exposition; and (b) signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.110 Certificate--issue (1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following: (a) the matters mentioned in subregulation 142.085(1); (b) the applicant's organisation is suitable to ensure that the activities can be conducted safely, having regard to the nature of the activities; (c) the chain of command of the applicant's organisation is appropriate to ensure that the activities can be conducted safely; (d) the applicant's organisation has a sufficient number of suitably qualified and competent personnel to conduct the activities safely; (e) the facilities of the applicant's organisation are sufficient to enable the activities to be conducted safely; (f) the applicant's organisation has suitable procedures and practices to control the organisation and ensure the activities can be conducted safely. (2) For subregulation (1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider: (a) the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f); and (b) the content of the undertaking mentioned in paragraph 142.105(2)(b). (3) For subregulation (1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 142.085(3). (4) For this regulation, regulation 142.085 applies to an application for a certificate as if: (a) a reference to an AOC were a reference to a certificate; and (b) any other necessary changes had been made. (5) If CASA decides to issue the certificate, CASA must determine the Part 142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities. (6) The certificate must include: (a) the matters mentioned in subregulation (5); and (b) a certificate reference number determined by CASA. (7) If, under regulation 142.145, CASA approves a significant change to a Part 142 operator that holds a certificate under this Division, CASA may issue a new certificate to the operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.115 Certificate--approval of exposition If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.120 Certificate--conditions (1) Each of the following is a condition of a certificate issued to an operator under this Division: (a) the operator must comply with: (i) each provision of this Part that applies to the operator; and (ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and (iii) each other provision of civil aviation legislation that applies to the operator's authorised Part 142 activities covered by the certificate; (b) each of the operator's key personnel must comply with: (i) each provision of this Part that applies to the person; and (ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and (iii) each other provision of civil aviation legislation that applies to the activities covered by the certificate; (c) each of the positions of the operator's key personnel must be filled; (d) each of the operator's personnel must comply with each provision of civil aviation legislation that applies to the activities; (e) if the operator is an individual--the individual must be the operator's chief executive officer; (f) the positions of chief executive officer and quality assurance manager may be occupied by the same person only: (i) in an unforeseen circumstance; and (ii) for the period mentioned in subregulation (2); (g) the positions of head of operations and quality assurance manager may be occupied by the same person only: (i) in an unforeseen circumstance; and (ii) for the period mentioned in subregulation (2). (2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is: (a) no more than 7 consecutive days for each unforeseen circumstance; or (b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance--the period mentioned in the approval for the unforeseen circumstance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.125 Certificate holders--reference library (1) A Part 142 operator that holds a certificate under this Division commits an offence if the operator does not maintain a reference library that complies with subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the reference library must: (a) include the following documents: (i) all operational documents and material; (ii) the civil aviation legislation that is relevant to the operator's authorised Part 142 activities covered by the certificate; (iii) the parts of the AIP that are relevant to the activities; (iv) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the activities; (v) any other publications, information or data required for the reference library by the operator's exposition; and (b) be readily available to all members of the operator's personnel; and (c) be up-to-date and in a readily accessible form. (3) A Part 142 operator commits an offence if the operator does not keep up-to-date records of the distribution of operational documents to members of the operator's personnel. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.130 Certificate holders--regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to the following for a Part 142 operator that holds a certificate under this Division: (a) a change of which CASA is notified under regulation 142.135; (b) a significant change that is approved by CASA under regulation 142.145; (c) a change made under a process mentioned in regulation 142.150; (d) a change that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 142.155. Subpart 142.C --Part 142 operators--changes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.135 Part 142 operators--changes of name etc (1) A Part 142 operator commits an offence if the operator: (a) makes a change mentioned in subregulation (2); and (b) does not, before making the change: (i) amend its exposition to reflect the change; and (ii) give CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change. Penalty: 50 penalty units. (2) For paragraph (1)(a), the changes are the following: (a) a change to its name (including any operating or trading name) or contact details; (b) if the address of the applicant's operational headquarters is different from its mailing address--a change to the address of its operational headquarters. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.140 Part 142 operators--application for approval of significant change (1) A Part 142 operator commits an offence if: (a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and (b) CASA has not approved the significant change. Penalty: 50 penalty units. (2) A Part 142 operator commits an offence if: (a) the operator makes a significant change that is the permanent appointment as any of the operator's key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 142.340(1)(e)(iv); and (b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made. Penalty: 50 penalty units. (3) A Part 142 operator commits an offence if: (a) the operator makes a significant change that is the permanent appointment as any of the operator's key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 142.340(1)(e)(iv); and (b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made. Penalty: 50 penalty units. (4) An application for approval of a significant change must: (a) be in writing; and (b) set out the change; and (c) be accompanied by a copy of the part of the operator's exposition affected by the change, clearly identifying the change. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.145 Part 142 operators--approval of significant changes (1) CASA may approve a significant change for a Part 142 operator that holds an AOC that authorises the operator to conduct Part 142 activities only if satisfied that the requirements mentioned in section 28 of the Act and subregulation 142.085(1) will continue to be met. (2) Subject to regulation 11.055, CASA must approve a significant change for a Part 142 operator that holds a certificate under Division 142.B.2 if satisfied that the requirements mentioned in subregulation 142.110(1) will continue to be met. (3) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator's exposition covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.150 Part 142 operators--process for making changes (1) A Part 142 operator commits an offence if: (a) the operator makes a change; and (b) the change is not made in accordance with the process described in the operator's exposition for making changes. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.155 Part 142 operators--CASA directions relating to exposition or key personnel (1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 142 operator to change its exposition: (a) to remove particular information, procedures or instructions from the exposition; or (b) to include particular information, procedures or instructions in the exposition; or (c) to revise or vary the information, procedures or instructions in the exposition. (2) CASA may direct a Part 142 operator to remove any of the operator's key personnel from the person's position if satisfied that the person is not: (a) carrying out the responsibilities of the position; or (b) if the person is the chief executive officer--properly managing matters for which the person is accountable. (3) A direction under this regulation must: (a) be in writing; and (b) state the time within which the direction must be complied with. (4) A Part 142 operator commits an offence if: (a) CASA gives the operator a direction under this regulation; and (b) the operator does not comply with the direction within the time stated in the direction. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. Subpart 142.D --Part 142 operators--organisation and personnel Note: For the qualifications for the position of head of aircraft airworthiness and maintenance control, see the qualifications specified in the Part 42 Manual of Standards for the position of continuing airworthiness manager. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.160 Part 142 operators--organisation and personnel (1) A Part 142 operator must maintain an organisational structure that effectively manages its authorised Part 142 activities, taking into account the following: (a) the nature and complexity of the activities; (b) the number and kinds of aircraft or flight simulation training devices used to conduct the activities; (c) the number and location of training bases used by the operator to conduct the activities; (d) the number of the operator's personnel; (e) for Part 142 flight training--the number of course participants undertaking the training; (f) for contracted recurrent training--the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted recurrent training; (g) for contracted checking--the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted checking. (2) A Part 142 operator commits an offence if any of the operator's key personnel carries out a responsibility of the person's position otherwise than in accordance with the operator's exposition or this Subpart. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.165 Part 142 operators--key personnel cannot carry out responsibilities (1) A Part 142 operator commits an offence if: (a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person's responsibilities for a period of longer than 35 days; and (b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the time is: (a) if there is not another person authorised to carry out the responsibilities for all or part of the period--24 hours after the operator becomes aware of the matter; or (b) if there is another person authorised to carry out the responsibilities for all or part of the period--3 days after the operator becomes aware of the matter. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.170 Part 142 operators--familiarisation training for key personnel A Part 142 operator must ensure that before a person appointed as any of the operator's key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.175 Part 142 operators--chief executive officer: experience The chief executive officer of a Part 142 operator must have sufficient relevant experience in organisational, operational, financial and people management of air operations to enable the operator to conduct safe operations in accordance with its exposition and civil aviation legislation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.180 Part 142 operators--chief executive officer: responsibilities and accountabilities (1) The chief executive officer of a Part 142 operator is responsible for the following: (a) ensuring that, for the safe conduct of the operator's authorised Part 142 activities in accordance with the operator's Part 142 authorisation, exposition and civil aviation legislation, the operator: (i) has sufficient suitably experienced, qualified and competent personnel; and (ii) has a suitable management structure; and (iii) is adequately financed and resourced; (b) ensuring that the operator: (i) sets and maintains standards for the activities in accordance with the operator's exposition; and (ii) complies with civil aviation legislation; (c) if the operator conducts the activities in aircraft--ensuring that the operator: (i) implements and manages the operator's safety management system; and (ii) has procedures that ensure that all of the operator's personnel understand the operator's safety policy; and (iii) has an organisational structure that ensures that the safety manager is independent and not subject to undue influence; and (iv) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine-engined aircraft for use in the activities; and (v) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (iv) may: (A) affect the operator's safe conduct of the activities; or (B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and (vi) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the activities; and (vii) for each foreign registered aircraft (if any) used in the activities--maintains the aircraft in accordance with the law of the country in which the aircraft is registered; (d) if the operator conducts the activities only in flight simulation training devices--ensuring that the operator implements and manages the operator's quality assurance management system; (e) establishing and regularly reviewing the operator's safety performance indicators and targets; (f) ensuring that the operator's exposition is monitored and managed for continuous improvement; (g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with: (i) the operator's exposition; and (ii) civil aviation legislation. (2) The chief executive officer of a Part 142 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.185 Part 142 operators--head of operations: qualifications and experience (1) The head of operations of a Part 142 operator must: (a) meet the requirements mentioned in subregulation (2); or (b) hold an approval under regulation 142.040 to be the head of operations for the operator. (2) For paragraph (1)(a), the requirements are that the person must: (a) hold, and be able to exercise the privileges of, a flight examiner rating; and (b) hold the pilot licence required by subregulation (3); and (c) be authorised under Part 61 to pilot a kind of aircraft that is used to conduct a significant proportion of the operator's authorised Part 142 activities; and (d) have the experience required by subregulation (4); and (e) have a satisfactory record in the conduct or management of air operations; and (f) have sufficient safety and regulatory knowledge to enable the operator to conduct the activities safely and in accordance with its exposition and civil aviation legislation. (3) For paragraph (2)(b), the licence required is: (a) if any of the activities relate to the operation of an aircraft for a multi-crew operation--an air transport pilot licence; or (b) in any other case--a commercial pilot licence or an air transport pilot licence. (4) For paragraph (2)(d), the experience required is: (a) if the operator holds an approval under regulation 142.040 for this paragraph--the experience mentioned in paragraph (5)(a) or (b); or (b) if paragraph (a) does not apply--the experience mentioned in paragraphs (5)(a) and (b). (5) For subregulation (4), the experience is the following: (a) at least 500 hours flight time on a kind of aircraft used to conduct a significant proportion of the activities; (b) at least 6 months experience in the conduct or management of air operations conducted under an AOC or equivalent foreign authorisation. (6) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 142 operator, direct the person to undertake an assessment mentioned in subregulation (7). (7) For subregulation (6), the assessment: (a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and (b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.190 Part 142 operators--head of operations: responsibilities (1) The head of operations of a Part 142 operator must safely manage the authorised Part 142 activities of the operator. (2) Without limiting subregulation (1), the responsibilities of the head of operations include the following: (a) monitoring and maintaining, and reporting to the chief executive officer on, the operator's compliance with the provisions of civil aviation legislation and the operator's exposition that apply to the activities; (b) setting and maintaining the operator's standards for the activities in accordance with the operator's exposition; (c) if the activities include flight training or contracted recurrent training--ensuring that the training is conducted in accordance with the operator's training management system; (d) ensuring that the activities are monitored effectively; (e) managing the maintenance and continuous improvement of the operator's fatigue risk management system (if any); (f) ensuring the proper allocation and deployment of aircraft, flight simulation training devices and personnel for use in the activities; (g) ensuring that the operator's personnel are provided with the information and documentation necessary to properly carry out their responsibilities; (h) if the operator conducts an activity in a flight simulation training device--ensuring that the device is used only in accordance with the operator's exposition; (i) if the operator conducts an activity in a flight simulator or flight training device--ensuring that the simulator or device is qualified under Part 60; (j) if the operator conducts an activity in a synthetic trainer--ensuring that the trainer is approved under Civil Aviation Order 45.0; (k) if the operator conducts an activity in any other device--ensuring that the device: (i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or (ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010); (l) ensuring that each instructor who conducts an activity for the operator: (i) has access to the parts of the operator's exposition that relate to the instructor's duties; and (ii) holds a valid standardisation and proficiency check for the operator under regulation 142.325; (m) ensuring that each examiner who conducts an activity for the operator has access to the parts of the operator's exposition that relate to the examiner's duties; (n) ensuring that each instructor or examiner who conducts an activity for the operator: (i) is authorised to conduct the activity under Part 61; and (ii) has successfully completed the training set out in the operator's internal training and checking system manual; and (iii) meets the requirements in the operator's exposition about training in human factors principles and non-technical skills; (o) reporting to the chief executive officer on the operator's compliance with the matters mentioned in paragraph (n); (p) ensuring that each instructor or examiner who conducts contracted recurrent training or contracted checking for the operator has access to the contracting operator's training and checking manual; (q) if an instructor attempts but does not successfully complete a standardisation and proficiency check mentioned in the operator's internal training and checking system manual--telling CASA, in writing, within 14 days after the date of the attempt, of the person's name, position and ARN; (r) ensuring that the operator establishes and maintains effective communication, in relation to the activities, with CASA and each contracting operator for which the operator conducts contracted recurrent training or contracted checking; (s) ensuring that written reports are provided to the head of training and checking of each contracting operator in relation to the performance of each person for whom the operator conducts contracted recurrent training or contracted checking; (t) if the operator conducts the activities in aircraft--ensuring that the operator complies with section 28BH of the Act in relation to flight crew. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.195 Part 142 operators--safety manager: experience The safety manager of a Part 142 operator must have: (a) sufficient relevant safety management experience to capably lead, manage and set standards to enable the operator to safely implement its safety management system in accordance with its exposition; and (b) a satisfactory record in the conduct or management of air operations; and (c) sufficient safety and regulatory knowledge to enable the operator to conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation. Note: A Part 142 operator must have a safety manager if the operator conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices: see regulation 142.025, definition of key personnel. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.200 Part 142 operators--safety manager: responsibilities (1) The safety manager of a Part 142 operator must manage the safety management system of the operator. (2) Without limiting subregulation (1), the responsibilities of the safety manager include: (a) managing the operation of the safety management system including managing corrective, remedial and preventative action in relation to the system; and (b) regularly reporting to the chief executive officer on the effectiveness of the safety management system; and (c) managing the maintenance and continuous improvement of the following systems: (i) safety management system; (ii) fatigue risk management system (if any). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.205 Part 142 operators--quality assurance manager: experience The quality assurance manager of a Part 142 operator must have: (a) sufficient relevant quality assurance management experience to capably lead, manage and set standards to enable the operator to safely implement its quality assurance management system in accordance with its exposition; and (b) sufficient safety and regulatory knowledge to enable the operator to conduct authorised Part 142 activities safely and in accordance with its exposition and civil aviation legislation. Note: A Part 142 operator must have a quality assurance manager if the operator conducts authorised Part 142 activities only in flight simulation training devices: see regulation 142.025, definition of key personnel. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.210 Part 142 operators--quality assurance manager: responsibilities (1) The quality assurance manager of a Part 142 operator must manage the quality assurance management system of the operator. (2) Without limiting subregulation (1), the responsibilities of the quality assurance manager include: (a) managing the operation of the quality assurance management system including managing corrective, remedial and preventative action in relation to the system; and (b) regularly reporting to the chief executive officer on the effectiveness of the quality assurance management system; and (c) managing the maintenance and continuous improvement of the quality assurance management system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.215 Part 142 operators--key personnel: additional qualifications and experience requirements (1) This regulation applies to: (a) an applicant for a Part 142 authorisation; and (b) a Part 142 operator. (2) CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under this Subpart. (3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person: (a) to undertake a stated examination; or (b) to be interviewed by CASA; or (c) to complete a stated training course. (4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following: (a) the need to ensure that the applicant or operator can conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation; (b) the nature and complexity of the activities; (c) the leadership, management and standards-setting skills required by the person for the activities; (d) how recently the person has used his or her aviation skills; (e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person. Subpart 142.E --Part 142 operators--instructors and examiners CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.220 Part 142 activities--instructors and examiners must comply with Part 142 authorisation (1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts a Part 142 activity otherwise than in accordance with the operator's Part 142 authorisation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.225 Part 142 activities--instructors and examiners must comply with exposition (1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts an authorised Part 142 activity for the operator otherwise than in accordance with the operator's exposition. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.230 Part 142 operators--instructors and examiners must be authorised under Part 61 (1) A Part 142 operator commits an offence if: (a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and (b) the instructor or examiner is not authorised under Part 61 to conduct the activity. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.235 Part 142 operators--instructors and examiners must have access to records (1) A Part 142 operator commits an offence if: (a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and (b) the instructor or examiner does not have access to the operator's records for the persons participating in the activity. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.240 Part 142 operators--instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices (1) A Part 142 operator commits an offence if: (a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator in a flight simulation training device; and (b) the instructor or examiner has not been assessed by the operator as competent to conduct the activity in the device. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.245 Part 142 operators--person recommended for flight test (1) A Part 142 operator and the operator's head of operations each commit an offence if: (a) a person is recommended for a flight test by: (i) the head of operations; or (ii) a person named in the operator's exposition as responsible for the Part 142 activity to which the flight test relates; and (b) the person is not eligible under regulation 61.235 to undertake the test. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 142.F --Part 142 operators--training management system CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.250 Part 142 operators--training management system A Part 142 operator must have a training management system that meets the requirements of regulation 142.255. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.255 Part 142 operators--training management system requirements The training management system must include the following: (a) for each kind of Part 142 flight training or contracted recurrent training that is an authorised Part 142 activity for the operator--a course outline, detailed syllabus, standards to be met and record forms; (b) the procedures to be followed when a standard is not met; (c) an auditable system for maintaining records of the results of the operator's flight training or contracted recurrent training. Subpart 142.G --Part 142 operators--safety management system CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.260 Part 142 operators--safety management system A Part 142 operator that conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices, must have a safety management system that meets the requirements of regulation 142.265. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.265 Part 142 operators--safety management system requirements (1) The safety management system must be a systemic approach to managing safety that: (a) includes the matters mentioned in subregulation (2); and (b) ensures that the operator's authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes; and (c) if the operator conducts the training in flight simulation training devices: (i) ensures the correct operation and maintenance of the devices; and (ii) without limiting subparagraph (i), includes the matters mentioned in subregulation 142.275(2); and (d) integrates human factors principles. (2) For paragraph (1)(a), the matters are the following: (a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way; (b) a statement of the operator's safety policy, objectives and planning, including details of the following: (i) the management commitment to, and responsibility for, safety; (ii) the safety accountabilities of managers (including key personnel); (iii) the appointment of safety management personnel; (iv) how human factors principles are integrated into the safety management system; (v) a safety management system implementation plan; (vi) relevant third party relationships and interactions; (vii) coordination of an emergency response plan; (viii) safety management system documentation; (c) a safety risk management system, including: (i) hazard identification processes; and (ii) risk assessment and mitigation processes; (d) a safety assurance system, including: (i) details of processes for: (A) safety performance monitoring and measurement; and (B) internal safety investigation; and (C) management of change; and (D) continuous improvement of the safety management system; and (ii) if the operator operates an aircraft mentioned in subregulation (3) for the activities--a flight data analysis program that meets the requirements mentioned in subregulation (4); (e) a safety training and promotion system, including details of the following: (i) safety management system training and education; (ii) safety management system safety communication. (3) For subparagraph (2)(d)(ii), the aircraft are the following: (a) an aeroplane with a maximum certificated take-off weight of more than 27 000 kg; (b) a rotorcraft with a maximum certificated take-off weight of more than 7 000 kg. (4) For subparagraph (2)(d)(ii), the requirements are that the flight data analysis program must: (a) regularly record and analyse the operational flight data of individual and aggregated operations for the purpose of improving the safety of flight operations; and (b) be provided by: (i) the operator; or (ii) another appropriate person; and (c) ensure that, except as mentioned in subregulations (6) and (7): (i) the identity of a person who is the source of data is protected from disclosure to anyone other than the following: (A) a person whose duties require the person to analyse operational flight data; (B) a person who has access to the person's identity solely for the purpose of analysing operational flight data; (C) a pilot appointed by the operator to liaise with flight crew in relation to matters arising from the flight data analysis program; and (ii) no punitive action in relation to the data may be taken by the operator against the person. (5) For subparagraph (4)(b)(ii), the provision of the flight data analysis program by an appropriate person does not in any way compromise the operator's responsibility to provide, and ensure the effectiveness of, the program. (6) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed: (a) with the written consent of the person; or (b) under a court order. (7) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed, and the operator may take punitive action against the person, if the operator has evidence that the person: (a) deliberately contravened a provision of civil aviation legislation or the operator's exposition; or (b) persistently engaged in unsafe actions without appropriate safety reasons. (8) Without limiting paragraph (1)(b), the system must include the following: (a) a process for auditing the activities; (b) a process for promoting the continual improvement of the activities; (c) a process for evaluating the training outcomes from pre-flight test assessments and post-flight test feedback from examiners; (d) a process for regularly assessing the suitability of the operator's facilities and resources used for conducting the activities; (e) a process for recommending changes to the following: (i) the safety management system; (ii) the training management system; (iii) the internal training and checking system. Subpart 142.H --Part 142 operators--quality assurance management system CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.270 Part 142 operators--quality assurance management system A Part 142 operator that conducts authorised Part 142 activities only in flight simulation training devices must have a quality assurance management system that meets the requirements of regulation 142.275. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.275 Part 142 operators--quality assurance management system requirements (1) The quality assurance system must: (a) ensure the correct operation and maintenance of the flight simulation training devices; and (b) ensure that the operator's authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes. (2) Without limiting paragraph (1)(a), the system must include the following: (a) quality policy; (b) management responsibility; (c) document control; (d) resource allocation; (e) quality procedures; (f) internal audit. (3) Without limiting paragraph (1)(b), the system must include the following: (a) a process for auditing the activities; (b) a process for promoting the continual improvement of the activities; (c) a process for evaluating the training outcomes from pre-flight test assessments and post-flight test feedback from examiners; (d) a process for regularly assessing the suitability of the operator's facilities and resources used for conducting the activities; (e) a process for recommending changes to the following: (i) the quality assurance management system; (ii) the training management system; (iii) the internal training and checking system. Subpart 142.I --Part 142 operators--personnel fatigue management Note: This Subpart is reserved for future use. Subpart 142.J --Part 142 operators--internal training and checking CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.310 Part 142 operators--internal training and checking system A Part 142 operator must have an internal training and checking system for its personnel that meets the requirements of regulation 142.315. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.315 Part 142 operators--internal training and checking system requirements The internal training and checking system must include the following: (a) a description of the operator's internal training and checking, including details of how the training and checking is conducted; (b) a description of the duties and responsibilities assigned to personnel conducting internal training and checking; (d) procedures that ensure that each of the operator's personnel: (i) has an understanding of the operator's training management system; and (ii) completes internal training and checking as described under paragraph (a); and (iii) is supervised effectively; (e) command responsibility during flights for internal training and checking; (f) for each kind of internal training and checking conducted by or for the operator--the minimum number of check pilots and the minimum crew qualifications required by the operator for the training (if any); (g) any general restrictions, specifications or safety precautions for internal training and checking (including in relation to fuel load, ballast and minimum weather conditions); (h) methods of conducting internal training and checking including the following: (i) the standards to be achieved; (ii) training sequences for common faults; (iii) the method of simulating emergencies or malfunctions; (i) procedures that ensure that an instructor who conducts an authorised Part 142 activity for the operator holds a valid standardisation and proficiency check for the operator under regulation 142.325; (j) procedures that ensure that an instructor who uses a flight simulation training device to conduct an authorised Part 142 activity for the operator is competent to use the device to conduct the activity. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.320 Part 142 operators--proficiency of instructors (1) A Part 142 operator commits an offence if: (a) an instructor for the operator conducts an authorised Part 142 activity for the operator; and (b) the instructor does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirement is that the instructor must: (a) hold a valid standardisation and proficiency check for the operator under regulation 142.325; or (b) be successfully participating in the operator's internal training and checking system. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.325 Part 142 operators--holding valid standardisation and proficiency check for operator (1) An instructor for a Part 142 operator holds a valid standardisation and proficiency check for the operator if: (a) the instructor has successfully completed the operator's standardisation and proficiency check; and (b) the check complies with regulation 142.330; and (c) under subregulation (2) or (3), the check is valid. (2) A standardisation and proficiency check is valid for the period comprising: (a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and (b) the period of 12 months immediately following the month in which the check was completed. (3) If: (a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and (b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire; the new check is valid for 12 months beginning at the end of the day on which the existing check expires. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.330 Part 142 operators--standardisation and proficiency check requirements (1) A Part 142 operator's standardisation and proficiency check for an instructor must check the competency of the instructor to conduct the Part 142 activity that the operator has engaged the instructor to conduct. (2) The check must be carried out by: (a) the operator's head of operations; or (b) a person authorised to conduct the check by the operator's head of operations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.335 Part 142 operators--instructors and examiners--training in human factors principles and non-technical skills (1) A Part 142 operator commits an offence if: (a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and (b) the instructor or examiner does not meet the requirements in the operator's exposition about training in human factors principles and non-technical skills. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 142.K --Part 142 operators--expositions CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.340 Part 142 operators--content of exposition (1) An exposition for a Part 142 operator must include the following: (a) the operator's name (including any operating or trading name), contact details and ABN (if any); (b) the address of: (i) the operator's operational headquarters; and (ii) each of the operator's training bases; (c) a description and diagram of the operator's organisational structure showing formal reporting lines including the formal reporting lines for each of the key personnel; (d) if the operator is a corporation--a description of the operator's corporate structure; (e) for each of the key personnel, the following information: (i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Subpart 142.D for the position; (ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Subpart 142.D for the position; (iii) the name of the person appointed to the position; (iv) the name of each person authorised to carry out the responsibilities of the position when the position holder: (A) is absent from the position; or (B) cannot carry out the responsibilities; (v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv); (f) each matter (if any) for which the chief executive officer is responsible and accountable in addition to the matters mentioned in regulation 142.180; (g) if the operator's authorised Part 142 activities include Part 142 flight training--the name of each instructor appointed by the operator's head of operations to have responsibility for particular flight training; (h) a description of the operator's program for training and assessing personnel in human factors principles and non-technical skills; (i) details of the responsibilities of the operator's personnel (other than key personnel) under these Regulations; (j) a description of the authorised Part 142 activities conducted by the operator including: (i) for Part 142 flight training or contracted recurrent training: (A) the training plans and syllabuses for the training; and (B) the areas of operation for the training; and (C) checklists (if any) and the circumstances when the use of a checklist is permitted; and (ii) minimum qualifications and experience for personnel conducting the activities; and (iii) command responsibility during flights for the activities; and (iv) for contracted recurrent training or contracted checking--procedures to ensure that the operator conducts the training or checking in accordance with the contracting operator's training and checking manual and standard operating procedures (if any); (k) a description of the procedures by which the operator conducts and manages the activities, including the supervision of instructors and persons participating in activities; (l) if the operator conducts the activities in aircraft: (i) for each registered aircraft that is flown into, out of or outside Australian territory in the course of conducting the activities--the kind of aircraft and its registration mark; and (ii) for each foreign registered aircraft--the kind of aircraft and its nationality and registration marks; and (iii) a description of any leasing or other arrangements for the supply of any turbine-engined aircraft; and (iv) a description of the way any turbine-engined aircraft are managed and maintained, and the way continuing airworthiness of the aircraft is assured; and (v) a description of each flight training area; (m) if the operator conducts the activities in relation to a flight crew licence or rating of a kind for which a low-flying activity is required--a description of how the operator will determine a suitable flight training area for the activity; (n) if the operator conducts the activities in flight simulation training devices: (i) a description of the devices used by the operator in conducting the activities; and (ii) for each device--each purpose mentioned in Part 61 that the device may be used for; and (iii) for flight simulators and flight training devices--a description of the procedures by which the operator ensures the qualification of the simulators and devices under Part 60; and (iv) for synthetic trainers--a description of the procedures by which the operator ensures the approval of the trainers under Civil Aviation Order 45.0; and (v) for any other device--a description of the procedures by which the operator ensures that the device: (A) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or (B) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010); (o) a description of the way the operator manages the risk of fatigue in its personnel, including the operator's fatigue risk management system manual (if any); (p) the facilities used by the operator for the activities; (q) a description of any operations, other than authorised Part 142 activities, conducted, or proposed to be conducted, by the operator; (r) a description of any aeronautical or aviation-related services provided, or to be provided, by third parties to the operator; (s) the following manuals: (i) an operations manual; (ii) a dangerous goods manual (if any); (iii) a training management system manual that describes the operator's training management system; (iv) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices--a safety management system manual that describes the operator's safety management system; (v) if the operator conducts the activities only in flight simulation training devices--a quality assurance management system manual that describes the operator's quality assurance management system; (vi) an internal training and checking system manual that describes the operator's internal training and checking system; (t) a description of the operator's process for making changes including: (i) identifying changes that are significant changes; and (ii) identifying changes that are not significant changes; and (iii) telling CASA of the changes; (u) a description of any other matter required to be approved by CASA under these Regulations in relation to Part 142 activities; (v) a matter prescribed by a legislative instrument under regulation 142.045 for this paragraph. (2) A manual mentioned in paragraph (o) or any of subparagraphs (1)(s)(ii) to (vi) may be included as part of the operator's operations manual. (3) An exposition for a Part 142 operator may include a list of material required for the operator's reference library. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.345 Part 142 operators--compliance with exposition by operator (1) A Part 142 operator commits an offence if the operator contravenes a provision of its exposition. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.350 Part 142 operators--providing personnel with exposition (1) A Part 142 operator commits an offence if: (a) the operator's exposition relates to a duty or responsibility of a person who is a member of the operator's personnel; and (b) the operator does not make the part of the exposition that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 142.L --Part 142 operators--logs and records CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.355 Part 142 operators--making and keeping records (1) A Part 142 operator commits an offence if: (a) a person participates in an authorised Part 142 activity conducted by the operator; and (b) a record of the person's participation, including a description and assessment of the person's performance, is not made within 21 days after the activity is conducted. Penalty: 50 penalty units. (2) A Part 142 operator commits an offence if the operator does not retain a record made under subregulation (1) for at least 7 years after the record is made. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.360 Part 142 operators--availability of records (1) A Part 142 operator commits an offence if the operator does not make a record made under regulation 142.355 available, on request, to the person to whom the record relates. Penalty: 50 penalty units. (2) A Part 142 operator commits an offence if: (a) a record is made under regulation 142.355; and (b) the operator receives a request from another Part 142 operator for a copy of the record; and (c) the operator holds a written authority from the person to whom the record relates to provide a copy of the person's records to another Part 142 operator if requested; and (d) the operator does not give a copy of the record to the other Part 142 operator within 7 days after receiving the request. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. Subpart 142.M --Part 142 operators--miscellaneous offences CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.365 Part 142 operators--pilot in command for training to be authorised under Part 61 (1) A Part 142 operator commits an offence if: (a) a person flies an aircraft as pilot in command in the conduct of an authorised Part 142 activity for the operator; and (b) the person is not authorised under Part 61 to fly the aircraft as pilot in command. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Note: See also subsection 20AB(1) of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.370 Part 142 operators--carriage of passengers prohibited during abnormal operations or low-flying activity (1) A Part 142 operator commits an offence if: (a) during a flight of an aircraft for an authorised Part 142 activity for the operator: (i) a simulated engine or system failure that affects the aircraft's performance or handling characteristics is conducted; or (ii) a low-flying activity is conducted; and (b) a passenger is carried on the flight. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.375 Part 142 operators--authorisation of carriage of passengers (1) A Part 142 operator commits an offence if: (a) a person flies an aircraft used in an authorised Part 142 activity for the operator as pilot in command; and (b) the operator authorises the carriage of a passenger on the flight; and (c) the person is not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.380 Part 142 operators--integrated training courses: transfer of student from another Part 142 operator (1) This regulation applies if: (a) a person seeks to undertake part of an integrated training course with a Part 142 operator (the current operator); and (b) the person has previously undertaken part of the course with one or more other Part 142 operators (the previous operators). (2) The current operator commits an offence if: (a) the operator provides part of the course to the person; and (b) the operator does not meet the requirement mentioned in subregulation (3). Penalty: 50 penalty units. (3) For paragraph (2)(b), the requirement is that the current operator must have determined: (a) what part of the course the person has completed with the previous operators; and (b) what part of the course the person needs to complete with the current operator to ensure that, taken together, the parts of the course provided by the previous and current operators will meet the standards specified in the Part 61 Manual of Standards for the course. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.385 Part 142 operators--completion of training and assessment of competency for certain solo flights Student pilots (1) A Part 142 operator commits an offence if: (a) a student pilot who is undertaking authorised Part 142 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and (b) the student pilot does not meet the requirements mentioned in subregulation (3). Penalty: 50 penalty units. (2) For paragraph (1)(a), the kinds of solo flight are the following: (a) a circuit training flight; (b) a flight between an aerodrome and the flight training area for the aerodrome; (c) a cross-country flight; (d) a flight at night. (3) For paragraph (1)(b), the requirements are the following: (a) the student pilot must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight of that kind by a student pilot; (b) the student pilot must have been assessed by the operator as competent to conduct the solo flight; (c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)--the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time. Holders of pilot licences (4) A Part 142 operator commits an offence if: (a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot's licence conducts a solo flight at night for the first time; and (b) the flight training is authorised Part 142 training for the operator; and (c) the holder does not meet the requirements mentioned in subregulation (5). Penalty: 50 penalty units. (5) For paragraph (4)(c), the requirements are the following: (a) the holder must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight for flight training for the rating or endorsement; (b) the holder must have been assessed by the operator as competent to conduct the solo flight. Penalty: 50 penalty units. (6) An offence against this regulation is an offence of strict liability. Note: See also Subdivision 61.A.3.1 and regulation 61.1225. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.386 Part 142 operators--appropriate briefing and capability to conduct certain solo flights etc. (1) A Part 142 operator commits an offence if: (a) a person who is undertaking authorised Part 142 flight training with the operator conducts a solo flight for the first time; and (b) the person does not meet the requirements mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirements are the following: (a) the person must have been briefed appropriately for the flight; (b) the person must be capable of conducting the flight safely; (c) if the person is a student pilot--the person must: (i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or (ii) have completed an approved course of training in English language proficiency; (d) the person must have an ARN. (3) Strict liability applies to paragraph (1)(a). Note: See also Subdivision 61.A.3.1 and regulation 61.1225. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.390 Part 142 operators--dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required Requirement for approval (1) A Part 142 operator commits an offence if: (a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and (b) the operator does not hold an approval under regulation 142.040 to do the act. Penalty: 50 penalty units. Acts in relation to cancelled authorisations (2) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which was authorised by a cancelled authorisation; (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation; (c) to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation. Acts in relation to suspended or varied authorisations (3) Subregulation (4) applies in relation to a suspended or varied authorisation. (4) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied; (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied; (c) to conduct an operation, or part of an operation, the conduct of which: (i) was, immediately before the suspension or variation, authorised by the authorisation; but (ii) is no longer authorised by the authorisation as suspended or varied. Note: See section 28BB of the Act in relation to varying AOC conditions. Pending applications for authorisations (5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA. (6) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which would be authorised by the authorisation; (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation; (c) to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation. Application for authorisation refused (7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA. (8) For paragraph (1)(a), the acts are the following: (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the use of which would have been authorised by the authorisation; (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation; (c) to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation. (9) An offence against this regulation is an offence of strict liability. (10) In this regulation: " cancelled authorisation " means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation. " employ " includes engage, whether by contract or other arrangement. " suspended authorisation " means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation. " varied authorisation " means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.395 Part 142 operators--maximum period for use of foreign registered aircraft in Australian territory (1) A Part 142 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the number of days is: (a) 90; or (b) if the operator holds an approval under regulation 142.040 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft. (3) An offence against this regulation is an offence of strict liability. (4) In this regulation: " authorised activity ", for a Part 142 operator, means an activity authorised by a civil aviation authorisation held by the operator. Part 143 --Air Traffic Services Training Providers Table of Contents Subpart 143.A -- General 143.005 Applicability of this Part 143.010 Definitions for this Part 143.015 What is an ATS training provider 143.016 Person not to provide service without approval 143.017 Issue of Manual of Standards Subpart 143.B -- Approval as an ATS training provider 143.020 What an application must be accompanied by 143.025 When applicant is eligible for approval 143.027 CASA may impose conditions on approvals 143.050 Variation of approvals Subpart 143.C -- Requirements to be complied with by ATS training providers Division 143.C.1 -- Requirements for training 143.055 Standard for training 143.060 Training plan Division 143.C.2 -- Personnel 143.065 Personnel 143.070 Qualifications for certain personnel Division 143.C.3 -- Reference materials, documents and records 143.075 Reference materials 143.080 Material to be included in reference materials 143.085 Documents and records 143.090 Document and record control system Subpart 143.D -- Telling CASA about changes 143.095 Advice on organisational changes 143.100 Discontinuing training 143.105 Status as registered training organisation Subpart 143.E -- Miscellaneous 143.110 Unapproved training Subpart 143.F -- Administration Division 143.F.1 -- Preliminary 143.115 Applicability of this Subpart Division 143.F.2 -- Approvals 143.118 Applying for approval 143.120 Joint applications not permitted 143.130 Applications by corporations etc--what must be included 143.145 CASA may require demonstrations of procedures or equipment 143.175 Grant of approval 143.180 When decision must be made Division 143.F.4 -- Suspension and cancellation of approvals 143.215 Definition for this Division 143.220 Suspension of approval by show cause notice 143.225 Grounds for cancellation of approval 143.230 Notice to show cause 143.235 Cancellation of approval after show cause notice 143.240 Cancellation at request of ATS training provider 143. 245 Cancellation if cooperation or arrangement ceases Subpart 143.A -- General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.005 Applicability of this Part (1) This Part: (a) applies to a person that wants to become, or is, an ATS training provider; and (b) sets out certain administrative rules applying to CASA in its administration of this Part. (2) However, this Part does not apply to: (a) a person who is providing ATS training in the course of his or her duties for the Defence Force; or (b) any ATS training provided by the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.010 Definitions for this Part In this Part: " Australian National Training Authority means the Australian National Training Authority established by the" Australian National Training Authority Act 1992. " Australian Qualifications Framework " means the framework set out in a document called 'Australian Qualifications Framework Implementation Handbook' published by the Australian Qualifications Framework (AQF) Advisory Board in 1998. " Australian Quality Training Framework " means the quality arrangements for vocational education and training services set out in the document called 'Australian Quality Training Framework - Standards for Registered Training Organisations' published by the Australian National Training Authority in 2001. Manual of Standards - Part 65 means the document called 'Manual of Standards (MOS) - Part 65' issued by CASA under regulation 65.033, as in force from time to time. Manual of Standards - Part 143 means the document called 'Manual of Standards (MOS) - Part 143' issued by CASA under regulation 143.017, as in force from time to time. " training provider " means a person who, or entity that, provides vocational education and training. " training recognition authority ", in relation to a State or Territory, means a body that has, under a law of the State or Territory, the responsibility for registering training providers in that State or Territory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.015 What is an ATS training provider An ATS training provider is a person approved, under Subpart 143.F, to provide the training relating to air traffic services that is covered by the approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.016 Person not to provide service without approval (1) A person must not provide training relating to air traffic services unless the person: (a) is approved, under Division 143.F.2, to provide the training; or (b) is an ATS provider within the meaning in Part 172. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.017 Issue of Manual of Standards (1) CASA may issue a Manual of Standards for this Part that provides for the following matters: (a) standards, including procedures, plans, systems and documentation, for the provision of air traffic services training; (b) standards for facilities and equipment used to provide air traffic services training; (c) standards, including competency standards and minimum qualifications, for instructors engaged in air traffic services training; (d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards; (e) any matter necessary or convenient to be provided for the effective operation of this Part. Note: A Manual of Standards is a legislative instrument--see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making. (2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS training provider. Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS. Subpart 143.B -- Approval as an ATS training provider CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.020 What an application must be accompanied by An application for approval as an ATS training provider must be accompanied by: (a) a written statement setting out details of the training relating to air traffic services that the applicant proposes to provide; and (b) a written statement setting out details of the relevant qualifications and experience of the applicant and applicant's personnel, including the number of suitably qualified personnel who will be involved in providing the training; and (c) enough information to show that the applicant is a registered training organisation whose registration: (i) is in force; and (ii) is for training delivery covering the training; and (d) a written statement describing the arrangements the applicant has made to comply with the requirements of Subparts 143.C and 143.D. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.025 When applicant is eligible for approval For Subpart 143.F, an applicant is eligible to become an ATS training provider for particular training relating to air traffic services if the applicant: (aa) is any of the following: (i) the Commonwealth; (ii) AA; (iii) a person who is to provide air traffic services training services in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; (iv) a person who is to provide air traffic services training services by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995; and (a) is a registered training organisation whose registration: (i) is in force; and (ii) is for training delivery covering that training; and (b) is able to comply with the requirements of Subparts 143.C and 143.D or will be able to do so if the applicant is approved. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.027 CASA may impose conditions on approvals Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.050 Variation of approvals (1) If an ATS training provider wants to vary its approval, it must apply to CASA, under Subpart 143.F, for that purpose. (2) The application must contain, or have with it, a copy of the proposed variation. Subpart 143.C -- Requirements to be complied with by ATS training providers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.055 Standard for training An ATS training provider must ensure that the training relating to air traffic services that it provides: (a) is of at least the standard required by the Manual of Standards - Part 65; and (b) complies with the Australian Qualifications Framework. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.060 Training plan An ATS training provider must have, and put into effect, a training plan for the training relating to air traffic services covered by its approval that is in accordance with the standards and requirements set out in the Manual of Standards - Part 65. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.065 Personnel An ATS training provider must have, at all times, enough suitably qualified personnel to enable it to provide, in accordance with both the Australian Quality Training Framework and the standards and requirements set out in the Manual of Standards - Part 65, the training relating to air traffic services that is covered by its approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.070 Qualifications for certain personnel An ATS training provider must not give to a person responsibility as an instructor or assessor for any training relating to air traffic services that it provides unless the person: (a) has suitable qualifications and experience in accordance with the Australian Quality Training Framework; and (b) satisfies the requirements of the Manual of Standards - Part 65 for persons having that responsibility. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.075 Reference materials (1) An ATS training provider must maintain a set of the reference materials mentioned in regulation 143.080 for use by members of its personnel who have responsibilities as instructors or assessors for any training relating to air traffic services that it provides. (2) The provider must maintain another set of the reference materials for use by anyone undertaking training relating to air traffic services that it provides. (3) The provider must keep the reference materials up to date and in a readily accessible form. (4) The instructors and assessors and anyone undertaking training must have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.080 Material to be included in reference materials For regulation 143.075, the reference materials to be maintained by the provider must include the following: (a) copies of the Act and these Regulations; (b) copies of Annexes 1, 6, 11 and 12 to the Chicago Convention; (c) a copy of the AIP; (d) copies of the Manual of Standards - Part 65 and the Manual of Standards - Part 143; (e) all manuals and documents specified in the Manual of Standards - Part 65 and Manual of Standards - Part 143. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.085 Documents and records (1) The provider must keep documents and records of the kinds specified in the Manual of Standards - Part 143. (2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record. (3) The provider must, at CASA's request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.090 Document and record control system (1) The provider must establish, and put into effect, a system, in accordance with the standards set out in the Manual of Standards - Part 143, for controlling the documents and records required to be kept under regulation 143.085. (2) The system must include the policies and procedures for making, amending and preserving those documents and records. Subpart 143.D --Telling CASA about changes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.095 Advice on organisational changes The provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any training relating to air traffic services that is covered by its approval within 7 days after the change occurs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.100 Discontinuing training (1) The provider must not discontinue any training relating to air traffic services that is covered by its approval, unless it has given CASA at least 28 days written notice that the training is to be discontinued. (2) Subregulation (1) does not apply if, having regard to the provider's circumstances: (a) it was not reasonably practicable for the provider to give to CASA at least 28 days notice; and (b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.105 Status as registered training organisation If an ATS training provider, for any reason at any time after its approval as an ATS training provider, loses its status as a registered training organisation, it must, within 7 days, tell CASA in writing accordingly. Subpart 143.E --Miscellaneous CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.110 Unapproved training An ATS training provider must not provide any training relating to air traffic services unless: (a) its approval: (i) is in force; and (ii) covers that training; and (b) it is a registered training organisation whose registration: (i) is in force; and (ii) is for training delivery covering that training. Subpart 143.F --Administration Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS training provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.115 Applicability of this Subpart This Subpart: (a) sets out certain administrative rules applying to CASA in its administration of this Part; and (b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS training provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.118 Applying for approval Subject to regulation 143.120, a person may apply to CASA, in writing, for approval as an ATS training provider. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.120 Joint applications not permitted (1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose. (2) An application purportedly made by a partnership is not a valid application for any purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.130 Applications by corporations etc--what must be included (1) An application from a person other than an individual must set out: (a) the applicant's registered address and ACN; and (b) the names and addresses of its officers. (2) In paragraph (1)(b): " officer " has the meaning given by section 9 of the Corporations Act 2001. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.145 CASA may require demonstrations of procedures or equipment Regulation 11.045 applies in relation to an approval as an ATS training provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.175 Grant of approval Subject to regulation 11.055, if an applicant has applied for approval as an ATS training provider under this Part, CASA must grant the approval. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.180 When decision must be made (1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application. (2) The period is 6 months. (3) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period. (4) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. (5) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period. (6) In this regulation: " application " includes an application to vary an approval under this Division. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.215 Definition for this Division In this Division: " show cause notice " means a notice under regulation 143.230. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.220 Suspension of approval by show cause notice (1) CASA may state, in a show cause notice, that an ATS training provider's approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.4 provides for review of certain decisions by the Administrative Appeals Tribunal. (2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider. (3) CASA may revoke the suspension at any time. (4) If CASA has not cancelled the approval under regulation 143.235, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.225 Grounds for cancellation of approval It is grounds for the cancellation of an ATS training provider's approval if the provider: (a) has breached a condition of the approval; or (b) has contravened the Act or these Regulations; or (c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or (d) has otherwise been guilty of conduct that renders the provider's continued holding of the approval likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.230 Notice to show cause (1) CASA may give an ATS training provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider's approval. (2) A show cause notice must: (a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and (b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled. (3) For paragraph (2)(b), the period must not be less than 7 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.235 Cancellation of approval after show cause notice (1) Subject to regulation 143.245, CASA may cancel an ATS training provider's approval only if: (a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and (b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and (c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and (d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation. (2) If CASA has given a show cause notice to an ATS training provider, and it decides not to cancel the provider's approval, it: (a) must tell the provider, in writing, of the decision; and (b) must, if the approval is suspended, revoke the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 143.245 Cancellation if cooperation or arrangement ceases (1) CASA must cancel the approval of a person mentioned in subparagraph 143.025(aa)(iii) if the cooperation mentioned in that subparagraph ceases. (2) CASA must cancel the approval of a person mentioned in subparagraph 143.025(aa)(iv) if the arrangement mentioned in that subparagraph ceases. Part 144 --Distribution organisations Note: This Part heading is reserved for future use. Part 145 --Continuing airworthiness--Part 145 approved maintenance organisations Table of Contents Subpart 145.A -- General 145.005 Purpose of Part 145.010 Definitions for Part 145.015 Part 145 Manual of Standards 145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters Subpart 145.B -- Approval of Part 145 organisations 145.025 Applying for approval 145.030 Issuing approval 145.035 Approval certificate 145.040 Privileges for Part 145 organisations 145.045 Approval subject to conditions Subpart 145.C -- Changes to Part 145 organisations 145.050 Application for approval of significant changes to organisations 145.055 Approval of significant changes 145.060 Changes to Part 145 organisations that are not significant changes 145.065 CASA may direct Part 145 organisations to change exposition Subpart 145.D -- Requirements and offences for Part 145 organisations 145.070 Provision of maintenance services 145.075 Provision of permitted training 145.080 Providing employees with exposition 145.085 Complying with directions Subpart 145.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.005 Purpose of Part This Part: (a) sets out matters relating to Part 145 organisations, including: (i) requirements for approval as a Part 145 organisation; and (ii) requirements that apply to Part 145 organisations; and (b) empowers CASA to issue a Manual of Standards for this Part. Note: See Division 202.GE.2.1 for transitional provisions under which Part 145 organisations can be approved to undertake CAR maintenance activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.010 Definitions for Part (1) In this Part: " accountable manager ", for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition, each approval rating that it holds, and these Regulations; and (b) ensuring that the organisation is able to finance the provision of the maintenance services set out in its exposition; and (c) ensuring that the organisation has adequate resources available to enable it to provide maintenance services in accordance with its exposition; and (d) establishing and promoting policies for safety management and quality systems in accordance with the requirements of this Part and Part 42. " approval certificate " means a certificate issued under regulation 145.035. " approval rating " means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 145 Manual of Standards. " exposition ", for a Part 145 organisation, means the document that is approved by CASA under regulation 145.030 in relation to the organisation, including: (a) if a change to the document is approved by CASA under regulation 145.055--that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 145.060--the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 145.065--that change. " quality manager ", for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the quality management system described in the Part 145 Manual of Standards for the organisation. " responsible manager ", for a Part 145 organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. " safety manager ", for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the safety management system described in the Part 145 Manual of Standards for the organisation. " significant change ", in relation to a Part 145 organisation, has the meaning given by subregulation (2). Note: See the Dictionary for definitions of other terms used in this Part. (2) A significant change, in relation to a Part 145 organisation, means any of the following changes: (a) a change to the organisation's name; (b) a change to the location of the organisation's maintenance facility, including the addition of a new maintenance facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) the position of quality manager in the organisation; or (iii) any of the positions of responsible manager in the organisation; or (iv) the position of safety manager in the organisation; (d) a change to the maintenance services provided by the organisation, if the change would require a change to the approval ratings mentioned in the organisation's approval certificate; (e) a change to the permitted training that it is approved to provide; (f) a change to the organisation's facilities, equipment, tools, materials, procedures or certifying employees that could adversely affect the organisation's ability to provide maintenance services that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.015 Part 145 Manual of Standards (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft. (2) In particular, a Manual of Standards may specify the following matters: (a) maintenance that is specialist maintenance for a Part 145 organisation; (b) ratings for kinds of aircraft, aeronautical products and specialist maintenance; (c) requirements for a Part 145 organisation's exposition; (d) the privileges that apply to an approval rating; (e) requirements for a Part 145 organisation, including requirements in relation to the following: (i) facilities; (ii) managers; (iii) certifying employees; (iv) employee qualifications; (v) the grant of certification authorisations; (vi) training; (vii) equipment, tools and materials; (viii) aeronautical products; (ix) maintenance data; (x) writing procedures for carrying out maintenance; (xi) production planning; (xii) the issue of certificates of release to service; (xiii) in-house maintenance and in-house release documents; (xiv) the fabrication of parts in the course of carrying out maintenance; (xv) records; (xvi) defect reporting; (xvii) a quality management system, including auditing; (xviii) a safety management system; (xix) a procedure for making changes to the organisation that are not significant changes; (f) requirements for providing permitted training; (g) requirements for a Part 145 organisation in relation to arranging for the manufacturer of an aircraft or aircraft engine that forms part of a permitted aircraft type to provide training and assessment for the permitted aircraft type to the organisation's employees. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a Part 145 organisation that is approved by CASA under regulation 145.055; or (b) a change to a Part 145 organisation of which CASA is notified under regulation 145.060; or (c) a change to a Part 145 organisation that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 145.065. Subpart 145.B --Approval of Part 145 organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.025 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a Part 145 organisation. (2) The application must: (a) be in writing; and (b) be signed by a person who is, or proposes to be, the applicant's accountable manager. (3) The application must include the following: (a) a copy of the applicant's proposed exposition; (b) the approval rating sought by the applicant for: (i) each kind of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) each kind of specialist maintenance that the applicant proposes to provide; (c) if the applicant intends to provide permitted training for its employees--each aircraft type, aircraft system or subset of an aircraft system for which the applicant intends to provide training. Note 1: An application must be in the approved form, include all the information required by these Regulations, and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.030 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a Part 145 organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 145 Manual of Standards; and (b) the applicant has facilities, equipment, materials, maintenance data and tools that are suitable for: (i) providing maintenance services for the kinds of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) providing the specialist maintenance that the applicant proposes to provide; and (iii) providing the permitted training that the applicant proposes to provide for its employees; and (c) the facilities, equipment, materials, maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 145 Manual of Standards; and (d) the applicant has nominated an individual for each of the following positions in the organisation: (i) accountable manager; (ii) quality manager; (iii) safety manager; and (e) the applicant has nominated an individual for each position of responsible manager in the organisation; and (f) each individual nominated for a position mentioned in paragraph (d) or (e) is appropriately qualified to hold the position; and (g) the audit requirements of the applicant's quality management system will be carried out by a person who is not: (i) the accountable manager; or (ii) a responsible manager. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a Part 145 organisation, CASA must determine: (a) the approval rating for each kind of aircraft or aeronautical product for which the applicant is approved to provide maintenance services; and (b) the approval rating for each kind of specialist maintenance that the applicant is approved to provide; and (c) any limitations applying to an approval rating mentioned in paragraph (a) or (b); and (d) the permitted training that the applicant is approved to provide for its employees. (3) In approving the applicant, CASA also approves the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.035 Approval certificate (1) If CASA approves an applicant as a Part 145 organisation, CASA must issue a certificate setting out the matters mentioned in paragraphs 145.030(2)(a) to (c). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a Part 145 organisation under regulation 145.055, CASA may issue a new approval certificate to the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.040 Privileges for Part 145 organisations (1) A Part 145 organisation may provide: (a) maintenance services that it is approved to provide; and (b) permitted training that it is approved to provide for its employees. (2) A Part 145 organisation may arrange for training and assessment for a permitted aircraft type to be provided by the manufacturer of the aircraft or the aircraft engine. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.045 Approval subject to conditions It is a condition of approval of a Part 145 organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its exposition; and (ii) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (iii) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (iv) any limitations applying to an approval rating mentioned in subparagraph (ii) or (iii); and (v) the Part 145 Manual of Standards; and (vi) Part 42 and this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). Note 1: The approval is also subject to the conditions set out in Part 11. Note 2: Subpart 11.G empowers CASA to issue directions. Subpart 145.C --Changes to Part 145 organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.050 Application for approval of significant changes to organisations (1) If a Part 145 organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is of the kind mentioned in paragraph 145.010(2)(c); and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval--see regulation 145.045. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.055 Approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a Part 145 organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 145.030(1) will continue to be met. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.060 Changes to Part 145 organisations that are not significant changes (1) A change that is not a significant change to a Part 145 organisation must be made in accordance with the procedure set out in the organisation's exposition for making changes to the organisation that are not significant changes. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.065 CASA may direct Part 145 organisations to change exposition (1) CASA may direct a Part 145 organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 145 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. Note: The Part 145 organisation must comply with the direction--see regulation 145.085. Subpart 145.D --Requirements and offences for Part 145 organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.070 Provision of maintenance services (1) If a Part 145 organisation provides maintenance services, it must provide the services only in accordance with: (a) its exposition; and (b) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (c) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (d) any limitations applying to an approval rating mentioned in paragraph (b) or (c); and (e) the privileges that apply to the approval rating under the Part 145 Manual of Standards. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.075 Provision of permitted training (1) If a Part 145 organisation provides permitted training for its employees, it must: (a) provide only the permitted training that it is approved to provide; and (b) provide the permitted training only in accordance with its exposition. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.080 Providing employees with exposition (1) If a Part 145 organisation's exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation's exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 145.085 Complying with directions (1) If CASA gives a direction to a Part 145 organisation under regulation 145.065, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Part 147 --Continuing airworthiness--maintenance training organisations Table of Contents Subpart 147.A -- General 147.005 Purpose of Part 147.010 Definitions for Part 147.015 Part 147 Manual of Standards 147.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters Subpart 147.B -- Approval of maintenance training organisations 147.025 Applying for approval 147.030 Issuing approval 147.035 Approval certificate 147.040 Privileges for maintenance training organisations 147.045 Approval subject to conditions Subpart 147.C -- Changes to maintenance training organisations 147.050 Application for approval of significant changes to organisations 147.055 Decision on application for approval of significant changes 147.060 Changes to maintenance training organisations that are not significant changes 147.065 CASA may direct maintenance training organisations to change exposition Subpart 147.D -- Requirements and offences for maintenance training organisations 147.070 Provision of maintenance training and assessment 147.075 Assessment of foreign licences 147.080 Providing employees with exposition 147.085 Complying with directions Subpart 147.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.005 Purpose of Part This Part: (a) sets out matters relating to maintenance training organisations, including: (i) requirements for approval as a maintenance training organisation; and (ii) requirements that apply to maintenance training organisations; and (b) empowers CASA to issue a Manual of Standards for this Part. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.010 Definitions for Part (1) In this Part: " accountable manager ", for a maintenance training organisation, means the individual, appointed by the organisation, who is responsible for ensuring that the organisation: (a) complies with its exposition and these Regulations; and (b) is able to finance the provision of the kinds of maintenance training set out in its exposition; and (c) has adequate resources available to enable it to provide maintenance training in accordance with its exposition. " aircraft type " has the meaning given by regulation 66.010. " approval certificate " means a certificate issued under regulation 147.035. " assessment " means an assessment of units of competency for category training, or elements for aircraft type training, by any or all of the following means: (a) examination of theory by means of written questions or oral questions or both; (b) practical testing of the skills acquired in practical training; (c) consideration of evidence for recognition of prior learning. Examples: Evidence that may be assessed for recognition of prior learning 1 Responses to interview questions. 2 Formal qualifications and other documents evidencing an area of competence. 3 Third party verification. 4 Workplace observation. 5 Sample examination results or sample practical test results. " course plan , for a maintenance training organisation and a maintenance training course," means the plan for the maintenance training course set out in the organisation's exposition. " exposition ", for a maintenance training organisation, means the document that is approved by CASA under regulation 147.030 in relation to the organisation, including: (a) if a change to the document is approved under regulation 147.055--that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under subregulation 147.060--the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 147.065--that change. " feedback system ", for a quality management system, has the meaning given by the Part 147 Manual of Standards. " practical training "means training that allows a student who has undertaken training in theory to practise applying the theory. " quality management system ", for a maintenance training organisation, means the quality management system described in the Part 147 Manual of Standards. " recognition of prior learning " means full or partial credit given in a unit of competency for category training, or in an element for aircraft type training, for prior work experience, training or qualifications attained in Australia or a foreign country. " responsible manager ", for a maintenance training organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. " significant change ", in relation to a maintenance training organisation, has the meaning given by subregulation (2). " theory "means a theoretical element of aircraft type training or category training. Note: See the Dictionary for definitions of other terms used in this Part. (2) A significant change, in relation to a maintenance training organisation, means any of the following changes: (a) a change to the organisation's name; (b) a change to the location of the organisation's maintenance training facility, including the addition of a new maintenance training facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) any of the positions of responsible manager in the organisation; (d) a change to a course or a course plan provided by the organisation, other than a change resulting from a change to Appendix I, II, III or IV to the Part 66 Manual of Standards; (e) a change to the organisation's quality management system, other than a change involving the taking of any necessary corrective action under the feedback system; (f) a change to the organisation's facilities, personnel, record management system, instructional equipment, maintenance training material or procedures that could adversely affect the organisation's ability to provide the maintenance training that it is approved to provide. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.015 Part 147 Manual of Standards (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft. (2) In particular, a Manual of Standards may specify the following matters: (a) the category training a maintenance training organisation may be approved to provide; (b) the aircraft type training a maintenance training organisation may be approved to provide; (c) the kinds of assessment a maintenance training organisation may be approved to carry out; (d) requirements for a maintenance training organisation's exposition; (e) requirements for a maintenance training organisation, including requirements in relation to the following: (i) facilities; (ii) employees, including employee qualifications; (iii) records of instructors and assessors; (iv) course plans; (v) conduct of assessments; (vi) instructional equipment; (vii) maintenance training material; (viii) records; (ix) training procedures and the quality management system, including auditing; (x) assessments; (xi) a procedure for making changes to the organisation that are not significant changes. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a maintenance training organisation that is approved by CASA under regulation 147.055; or (b) a change to a maintenance training organisation of which CASA is notified under regulation 147.060; or (c) a change to a maintenance training organisation that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 147.065. Subpart 147.B --Approval of maintenance training organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.025 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a maintenance training organisation. (2) Only a person who is a registered training organisation may apply for approval as a maintenance training organisation to provide category training or carry out assessment of units of competency. (3) The application must: (a) be in writing; and (b) be signed by a person who is, or proposes to be, the applicant's accountable manager. (4) The application must include the following: (a) a copy of the applicant's proposed exposition; (b) if the applicant is seeking approval to provide category training--the categories of aircraft engineer licence for which the applicant proposes to provide training; (c) if the applicant is seeking approval to provide aircraft type training--the ratings for which the applicant proposes to provide training; (d) the kinds of assessment that the applicant proposes to carry out; (e) whether the applicant is seeking approval to recognise prior learning for assessment purposes. Note 1: An application must be in the approved form, include all the information required by these Regulations, and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.030 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a maintenance training organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 147 Manual of Standards; and (b) the applicant has facilities, personnel, a record management system, instructional equipment, maintenance training material and a quality management system that comply with the Part 147 Manual of Standards; and (c) the applicant has nominated an individual for the position of accountable manager in the organisation; and (d) the applicant has nominated an individual for each position of responsible manager in the organisation; and (e) each individual nominated for a position mentioned in paragraph (c) or (d) is appropriately qualified to hold the position. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a maintenance training organisation, CASA must determine: (a) whether the organisation is approved to provide: (i) category training; or (ii) aircraft type training; or (iii) both category training and aircraft type training; and (b) if the organisation is approved to provide category training--the categories of aircraft engineer licence for which the applicant is approved to provide training; and (c) if the organisation is approved to provide aircraft type training--the ratings for which the applicant is approved to provide training; and (d) the kinds of assessment that the organisation is approved to carry out; and (e) whether the organisation may recognise prior learning for assessment purposes. (3) Subject to regulation 11.055, CASA must approve an applicant to provide category training if: (a) CASA has approved the applicant as a maintenance training organisation; and (b) CASA is satisfied that the applicant meets the criteria set out in Appendices I, II and IV to the Part 66 Manual of Standards. (4) Subject to regulation 11.055, CASA must approve an applicant to provide aircraft type training if: (a) CASA has approved the applicant as a maintenance training organisation; and (b) CASA is satisfied that the applicant meets the criteria set out in Appendix III to the Part 66 Manual of Standards. (5) In approving the applicant, CASA also approves the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.035 Approval certificate (1) If CASA approves an applicant as a maintenance training organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 147.030(2). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a maintenance training organisation under regulation 147.055, CASA may issue a new approval certificate to the organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.040 Privileges for maintenance training organisations A maintenance training organisation may: (a) provide maintenance training that it is approved to provide; and (b) carry out assessments that it is approved to carry out; and (c) if the organisation is approved to recognise prior learning for assessment purposes--carry out assessments based on recognition of prior learning; and (d) issue certificates, in the approved form, to students who have successfully completed that training and assessment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.045 Approval subject to conditions It is a condition of approval of a maintenance training organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its approval as a maintenance training organisation; and (ii) its exposition; and (iii) the Part 147 Manual of Standards; and (iv) this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). Note 1: The approval is also subject to the conditions set out in Part 11. Note 2: Subpart 11.G empowers CASA to issue directions. Subpart 147.C --Changes to maintenance training organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.050 Application for approval of significant changes to organisations (1) If a maintenance training organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the proposed change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is: (i) a change of the kind mentioned in paragraph 147.010(2)(c); or (ii) a change of the kind mentioned in paragraph 147.010(2)(f) in relation to the personnel of the organisation; and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. Note 2: Part 11 deals with applications and decision making. Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval--see regulation 147.045. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.055 Decision on application for approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a maintenance training organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 147.030(1) will continue to be met. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant's exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.060 Changes to maintenance training organisations that are not significant changes (1) A change that is not a significant change to a maintenance training organisation must be made in accordance with the amendment procedure set out in the organisation's exposition. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.065 CASA may direct maintenance training organisations to change exposition (1) CASA may direct a maintenance training organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 147 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. Note: The maintenance training organisation must comply with the direction--see regulation 147.085. Subpart 147.D --Requirements and offences for maintenance training organisations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.070 Provision of maintenance training and assessment (1) If a maintenance training organisation provides maintenance training, carries out assessments or issues certificates, it must do so only in accordance with: (a) its approval as a maintenance training organisation; and (b) its exposition; and (c) the Part 147 Manual of Standards. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.075 Assessment of foreign licences (1) In assessing a person, a maintenance training organisation must not give credit to the person for holding a licence (however described) that was issued to the person by an excluded State. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note 1: Subregulation 66.060 prevents the recognition of a licence issued by an excluded State. Note 2: For recognition of a foreign licence issued by a recognised State, see regulations 66.030 and 66.035. Note 3: For recognition of a foreign licence not issued by a recognised State, see regulations 66.040, 66.045, 66.050 and 66.055. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.080 Providing employees with exposition (1) If a maintenance training organisation's exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation's exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 147.085 Complying with directions (1) If CASA gives a maintenance training organisation a direction under regulation 147.065, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Part 149 --Recreational aviation administration organisations Note: This Part heading is reserved for future use. Part 171 --Aeronautical telecommunication service and radionavigation service providers Table of Contents Subpart 171.A -- General 171.005 Applicability of this Part 171.010 Interpretation 171.012 Meaning of telecommunication service 171.015 Person not to provide service without approval 171.017 Issue of Manual of Standards Subpart 171.B -- Approval of service providers 171.020 Application 171.022 Joint applications not permitted 171.025 If applicant is a corporation 171.026 CASA may ask for demonstration of service 171.027 Grant of approval 171.028 When decision must be made 171.029 Conditions Subpart 171.C -- Obligations and privileges of service provider 171.030 Service by provider 171.035 Changes by service provider to service 171.040 Changes by service provider to operations manual 171.050 Technicians 171.055 Test transmissions 171.065 Interruption to service 171.070 Test equipment 171.075 Documents to be maintained 171.080 Records 171.085 Security program 171.086 Safety management system Subpart 171.D -- Contents of operations manual 171.090 Operations manual to contain or refer to information 171.095 Organisation and management of service provider 171.100 Way in which standards are met 171.105 Functional specification and performance values of services 171.110 Technical description 171.115 Safe operation 171.120 Facility operation and maintenance plan 171.125 Safety management system 171.140 Test equipment 171.145 Interruption to service 171.150 Document control 171.155 Security program 171.160 Changes to procedures Subpart 171.E -- Suspension and cancellation of approvals, and directions to vary manuals 171.220 Suspension and cancellation of approvals 171.225 Notice to approval holder to show cause 171.230 Grounds for cancellation of approval 171.235 Cancellation of approval after show cause notice 171.237 Cancellation if cooperation or arrangement ceases 171.245 CASA's power to direct variation of manual 171.250 Certificate 171.255 Return of certificate if approval ceases Subpart 171.A -- General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.005 Applicability of this Part (1) This Part sets out: (a) the requirements for a person to be approved as a provider of a ground-based aeronautical telecommunication or radionavigation service; and (b) the requirements for the operation and maintenance of those services; and (c) certain administrative rules relating to CASA in its administration of this Part. (2) However, this Part does not apply to: (a) a person who is providing an aeronautical telecommunication or radionavigation service in the course of his or her duties for the Defence Force; or (b) any aeronautical telecommunication or radionavigation service provided by the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.010 Interpretation (1) In this Part: " accuracy ", in relation to a radionavigation service or facility, means the degree to which the value measured or displayed by the service or facility conforms to the true value. " approval " means an approval, given by CASA, to provide a telecommunication or radionavigation service. " availability ", for a telecommunication service, radionavigation service or support service, means the percentage of its operating hours that the service is not interrupted. " certified air/ground radio service , or CA/GRS, in relation to an aerodrome, means" an air/ground radio service for the aerodrome certified in accordance with regulation 139.410. " configuration ", in relation to: (a) a telecommunication or radionavigation service--means the configuration of each facility and any interconnection between facilities that make up the service; and (b) a facility--means the configuration of equipment, hardware, software and data, and the interconnections between equipment. " coverage ", in relation to a telecommunication or radionavigation service, means the volume of airspace in which, or the locations between which, the service is nominally provided. Example 1: The volume of airspace in which an aeronautical broadcasting service can be received and used. Example 2: The places served by an aeronautical fixed line telecommunication service. " frequency confirmation system " means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received. " functional specification ", for a telecommunication service, a radionavigation service or a support service, is a general description of the service, its operating principles and its functions. Example: The functional specification of an aeronautical radionavigation service may describe the kind of service, each standard to which it operates, the accuracy of its signal and the aircraft for which the service is provided. " hazard " means a source of potential harm to aviation safety. " integrity ", of a telecommunication service, a radionavigation service or a support service: (a) means the likelihood that the information supplied by the service at a particular moment is correct; and (b) includes the ability of the service to warn users promptly when the service should not be used. " key personnel ", in relation to a service provider, means the person or persons who manage 1 or more of the following: (a) operations; (b) maintenance; (c) safety. " Manual of Standards " means the document called 'Manual of Standards (MOS) - Part 171' issued by CASA under regulation 171.017, as in force from time to time. " operating hours ", for a telecommunication or radionavigation service, means the times during which the service provider must, under its approval, operate the service. " operations manual " means a manual of the kind described in Subpart 171.D, prepared by a service provider or a person applying for approval. " radionavigation service " means an aeronautical radio navigation service within the meaning given in Volume II of Annex 10 to the Chicago Convention. " recovery time " means the period during which a service is interrupted. " reliability ", of a telecommunication service, a radionavigation service or a support service, means the probability that the service will perform its function or functions without failure for a specified period. " risk " means risk to aviation safety. " safety " means aviation safety. " service provider " means a person approved to operate and maintain a telecommunication or radionavigation service, and whose approval is not suspended or revoked. " technical specification ", for a telecommunication service or facility, or a radionavigation service or facility, is a detailed description, that may use technical terms and concepts, of: (a) the way in which the service or facility operates and performs its functions; and (b) the technical standards to which the service or facility has been designed and manufactured. Example: The technical specification of a particular kind of radionavigation service may include its frequency band, channel spacing, frequency tolerance, effective radiated transmitter power, antenna type and gain, effective radiated power and radial phase modulation. " technician " means a person who is engaged by a service provider to do 1 or more of the following: (a) operate a facility; (b) maintain a facility; (c) conduct measurements of the performance of, and calibration of, a facility during a flight inspection. (2) For this Part: (a) a telecommunication or radionavigation service is provided using 1 or more facilities at 1 or more locations, each facility consisting of: (i) 1 item of equipment; or (ii) items of interconnected equipment; at a particular location; and (b) a service is interrupted if, during its operating hours: (i) it is not operating because it has failed or has been suspended; or (ii) it is operating outside its technical specification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.012 Meaning of telecommunication service (1) In this Part, telecommunication service means any of the following: (a) 1 or both of the following, within the meaning given for each in Volume II of Annex 10 to the Chicago Convention: (i) an aeronautical broadcasting service; (ii) an aeronautical fixed service; (b) an aeronautical mobile service, within the meaning given in Volume II of Annex 10 to the Chicago Convention, that is used to support an air traffic service of a kind mentioned in Annex 11 to the Chicago Convention; (c) any system that processes or displays air traffic control data. (2) However, none of the following is a telecommunication service: (a) an aerodrome weather information broadcast service (within the meaning in AIP); (b) a certified air/ground radio service at an aerodrome; (c) a frequency confirmation system at an aerodrome; (d) pilot activated lighting (within the meaning in AIP) at an aerodrome; (e) a UNICOM service (within the meaning in AIP). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.015 Person not to provide service without approval (1) A person that is not a service provider must not provide a telecommunication or radionavigation service. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.017 Issue of Manual of Standards (1) CASA may issue a Manual of Standards for this Part that provides for the following matters: (a) standards relating to the procedures, systems and documents required for the provision of a radionavigation service or a telecommunication service; (b) standards for facilities and equipment used to provide a radionavigation service or a telecommunication service; (c) standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider; (d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards; (e) any matter necessary or convenient to be provided for the effective operation of this Part. Note: A Manual of Standards is a legislative instrument--see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making. (2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each service provider. Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS. Subpart 171.B --Approval of service providers Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a telecommunication or radionavigation service provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.020 Application (1A) Subject to regulation 171.022, an eligible person may apply to CASA for approval as a provider of a telecommunication service or a radionavigation service, or both. (1) For subregulation (1A), a person is an eligible person if the person is any of the following: (a) the Commonwealth; (b) AA; (c) a person who is to provide a telecommunication service, a radionavigation service, or both: (i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or (ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995. (2) An application must be in writing, and must include: (a) the applicant's name and address; and (b) a copy of the applicant's operations manual, prepared as if the applicant were a service provider; and (c) a statement, prepared by referring to the list of services in the Manual of Standards, showing each kind of telecommunication or radionavigation service for which the application is being made; and (d) a statement of the intended location and coverage of each service. (3) If an application is made to provide a telecommunication or radionavigation service that would not comply with 1 or more of the standards set out in: (a) Annexes 10, 11 and 14 to the Chicago Convention; and (b) the Manual of Standards; the application must also describe the reasons for, and consequences of, the non-compliance. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.022 Joint applications not permitted (1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose. (2) An application purportedly made by a partnership is not a valid application for any purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.025 If applicant is a corporation (1) For regulation 171.020, if the applicant is a corporation, the application must include: (a) the applicant's registered address and ACN; and (b) the names and addresses of its officers. (2) In paragraph (1)(b): " officer " has the meaning given by section 9 of the Corporations Act 2001. Note: See Subpart 171.E for provisions about administration of applications. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.026 CASA may ask for demonstration of service Regulation 11.045 applies in relation to an approval as a provider of a telecommunication service or a radionavigation service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.027 Grant of approval (1) Subject to regulation 11.055 and subregulation (2), if a person (the applicant) has applied for approval as a provider of a telecommunication service or a radionavigation service under this Part, CASA must grant the approval. (2) CASA may approve the applicant only if CASA approves the applicant's draft operations manual. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.028 When decision must be made (1) If CASA does not make a decision about an application within 90 days after receiving it, CASA is taken to have refused the application. (2) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period. (3) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. (4) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period. (5) In this regulation: " application " includes an application to vary an approval under this Division. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.029 Conditions (1) Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, a condition that restricts: (a) the kind of telecommunication or radionavigation service to be provided; or (b) the way in which a service is provided; or (c) the coverage of a service; or (d) the time during which a service is provided. (2) In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995. Subpart 171.C -- Obligations and privileges of service provider CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.030 Service by provider (1) A telecommunication or radionavigation service must be provided in accordance with: (a) the approval; and (b) the service provider's operations manual. (2) Subregulation (1) does not apply to: (a) a test transmission made in accordance with regulation 171.055; or (b) a telecommunication or radionavigation service provided in an emergency. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.035 Changes by service provider to service (1) This regulation applies if a service provider wants to make a change to its telecommunication or radionavigation service (including by providing an additional service): (a) the effect of which would be that the provider's telecommunication or radionavigation service would no longer be in accordance with the certificate issued to the provider under regulation 171.250 (as in force before 27 June 2011) or regulation 11.060; or (b) that requires prior notification to CASA because of a requirement to do so in the safety management system prepared in accordance with regulation 171.086. (2) Before making the change the service provider must: (a) prepare a draft amendment of the operations manual that reflects the proposed change; and (b) send a copy of the draft amendment to CASA. (2A) A service provider that complies with subregulation (2) in relation to making a change is taken to have applied for the approval of the proposed change under Subpart 171.E. (3) If CASA approves the draft amendment of the manual, the provider may: (a) incorporate the amendment into the manual; and (b) after approval of the change comes into effect in accordance with regulation 11.065, make the change. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.040 Changes by service provider to operations manual A provider may change its operations manual without changing its service if it sends CASA a copy of the amendment to the manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.050 Technicians (1) A service provider must ensure that each technician is competent and holds the qualifications specified in the Manual of Standards for a technician of that kind. (2) In particular, the provider must ensure that each technician has been: (a) appropriately trained; and (b) assessed as competent by a person who is qualified in accordance with the standard set out in the Manual of Standards. (3) A service provider must give each technician a certificate that: (a) names the technician; and (b) describes the operation and maintenance functions that the technician may perform; and (c) describes the kinds of facility or facilities for which the technician is authorised to perform those functions; and (d) states the period during which the certificate is effective. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.055 Test transmissions A service provider may make a test transmission if: (a) the transmission is necessary to test a service, facility or equipment; and (b) the provider takes any one or more of the following precautions: (i) a reasonable time before commencing the transmission, the provider tells AIS about the transmission; (ii) at the commencement of the transmission, the service provider identifies the transmission as a test transmission; (iii) the transmission contains information identifying it as a test transmission. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.065 Interruption to service (1) This regulation applies if a telecommunication or radionavigation service is interrupted or if the service provider knows that the service is to be interrupted. (2) If the service is published in an AIP the service provider must tell AIS about the interruption. (3) If it is practicable to do so the service provider must tell users of the service about the interruption. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.070 Test equipment A service provider's facility or facilities must be tested and maintained using test equipment that is maintained and calibrated in accordance with the standards in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.075 Documents to be maintained (1) The following documents must be maintained by a service provider: (a) the operations manual; (b) any technical manual used by the service provider at the facility; (c) any documents of a kind listed in the Manual of Standards that relate to the provider's service. (2) For subregulation (1), a document is maintained, if it: (a) includes all amendments (other than draft amendments prepared for regulation 171.035); and (b) bears the date of: (i) the creation of the document; or (ii) for a revised document--the most recent revision of the document; and (c) is available to the personnel who must refer to the document; and (d) identifies the person who authorised the creation and any revision of the document. (3) For paragraph (1)(b), a technical manual means a document, other than the operations manual, that contains technical information about the operation and maintenance of a facility. Example: An equipment manufacturer's instruction book. (4) A service provider must ensure that: (a) a master copy of each document mentioned in this regulation is kept safely; and (b) copies of documents are kept in a form that enables amendments to be made; and (c) any document that has been replaced can not be used by mistake. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.080 Records (1) A service provider must retain each document that: (a) is given to or is created by or for the service provider; and (b) could relate to aviation safety; and (c) helps provide a history of events that relate to the design, installation, testing, operation, maintenance, modification or repair of, or changes to, each facility. (2) A document for subregulation (1) includes any record of a kind mentioned in the Manual of Standards that is given to, or created by or for, the provider. Examples: Records of the operational performance of a service, changes to the configuration of a facility, records showing software upgrades, or records of commissioning procedures. (3) A document retained for this regulation must be: (a) stored so it can be retrieved if needed for an aviation safety investigation; and (b) retained for at least 5 years. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.085 Security program (1) A service provider must have, and put into effect, the security program set out in the operations manual. (2) The security program must be in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.086 Safety management system (1) A service provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to safely provide the telecommunication and radionavigation services permitted under its approval. (2) The safety management system must be in accordance with the standards set out in the Manual of Standards. (3) The service provider must keep its safety management system under review and must take such corrective action as is necessary to ensure that it operates properly. Subpart 171.D --Contents of operations manual CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.090 Operations manual to contain or refer to information (1) An operations manual must contain the information mentioned in this Subpart that applies to each telecommunication or radionavigation service and kind of facility of the service provider. (2) A requirement under this Subpart to include particular information in an operations manual may be satisfied by referring, in the manual, to that information in another document held by the service provider. Example: An equipment manufacturer's technical manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.095 Organisation and management of service provider An operations manual must include an organisation chart of the service provider that shows: (a) the names, relevant qualifications, relevant experience and positions of the key personnel; and (b) the number of technicians who will provide each service; and (c) whether the people mentioned in paragraphs (a) and (b) are employees. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.100 Way in which standards are met (1) An operations manual must: (a) contain each standard that relates to the design, installation, testing, operation or maintenance of the service provider's services and facilities; and (b) explain how each standard is met. (2) For subregulation (1): " standards " means any of the following standards that apply to the service or facility: (a) an ICAO standard; (b) a standard set out in Annex 10 to the Chicago Convention; (c) a standard in the Manual of Standards; (d) any other standard included in the operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.105 Functional specification and performance values of services (1) An operations manual must include: (a) the functional specification of each of the service provider's telecommunication or radionavigation services; and (b) the values or characteristics for each of the following that apply to the service: (i) availability; (ii) reliability; (iii) accuracy; (iv) integrity. (2) The values mentioned in paragraph (1)(b) must be derived or measured from either or both of: (a) the configuration of each service; and (b) the known performance of each service. (3) An operations manual must also describe the method used to calculate each of the values. (4) For a radionavigation service, the integrity values or characteristics must be given for each kind of navigation aid facility that forms part of the service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.110 Technical description An operations manual must describe, for each telecommunication or radionavigation service provided: (a) the kind and location of each facility; and (b) the technical specification of each kind of facility; and (c) how each facility interconnects with any other facility or service; and (d) the way in which the service provider monitors each facility to ensure that it is operating in accordance with its technical specification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.115 Safe operation (1) An operations manual must describe the following: (a) the procedure that records the way in which each telecommunication or radionavigation service and each related facility is configured at any time; (b) the procedure used to design each facility and each item of equipment so that it provides a safe service; (c) the procedure that ensures that the design of, or changes to, a service or facility are authorised by a person who is qualified and competent to do so; (d) the method to be used to specify any changes to a service or facility, and to design, test and implement those changes; (e) the procedure to be used to commission a new service or facility; (f) the system to be used to maintain a record of the operational performance of a service; (g) the procedure to be used to monitor the performance of each service and facility, and to compare the results with the appropriate technical specification; (h) the procedure to be used if a service fails or a facility fault occurs, including the way in which the failure or fault is to be reported and rectified; (i) the procedure to be used to report and rectify any defects found during operation and maintenance of the facility; (j) the procedure to be used to: (i) detect and correct any latent defects in equipment; and (ii) change software to adapt to any changes to the configuration of hardware; and (iii) change the design of equipment or facilities to adapt to any change to the functional or technical specification. (2) For subparagraph (1)(j)(ii), software includes any form of data or instructions for an electronic device. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.120 Facility operation and maintenance plan (1) For this regulation: " flight inspection " means a test of the accuracy, coverage or any other aspect of the performance of a service or facility conducted by using test equipment on board an aircraft in flight. (2) An operations manual must contain, for each kind of facility, an operation and maintenance plan that includes the following: (a) the procedures used for maintenance, including the procedures used for repair; (b) a description of the system used to schedule maintenance; (c) the interval between performance inspections and the method used to determine the interval; (d) a copy of the operating and maintenance instructions for the facility; (e) an analysis of the workload of technicians and key personnel that takes into account the numbers of these people and their qualifications; (f) if 1 or more flight inspections are necessary: (i) the standards and procedures used for flight inspections; and (ii) the interval between flight inspections; and (iii) the identity of the person or persons who will conduct flight inspections. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.125 Safety management system An operations manual must include information about the safety management system set out in regulation 171.086. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.140 Test equipment An operations manual must describe the procedures to maintain and calibrate test equipment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.145 Interruption to service (1) An operations manual must: (a) describe the procedure to be used if a telecommunication or radionavigation service is interrupted; and (b) specify an acceptable recovery time for each service; and (c) describe the procedure to be used if the acceptable recovery time of a service is exceeded; and (d) if there is a method to provide an alternative service if a service is interrupted--describe the method. (2) Paragraph (1)(d) does not apply if, under an ATS agreement, an ATS provider is to arrange the alternative service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.150 Document control An operations manual must describe the system by which documents mentioned in regulation 171.080 are stored and retrieved. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.155 Security program An operations manual must describe the security program mentioned in regulation 171.085. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.160 Changes to procedures An operations manual must describe the method by which changes are made to the operation and maintenance procedures. Subpart 171.E --Suspension and cancellation of approvals, and directions to vary manuals CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.220 Suspension and cancellation of approvals (1) CASA may state, in a show cause notice, that an approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. (2) If a show cause notice states that the approval is suspended: (a) if the approval is already suspended when the show cause notice is given to the holder--the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or (b) the approval is suspended from when the notice is given to the holder. (3) CASA may revoke the suspension at any time. (4) If CASA has not cancelled the approval within 3 months after the day the show cause notice is given to the service provider, the suspension lapses at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.225 Notice to approval holder to show cause (1) CASA may give an approval holder a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval. (2) A show cause notice must: (a) tell the approval holder of the facts and circumstances that justify the cancellation of the approval; and (b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled. (3) For paragraph (2)(b), the period must not be less than 7 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.230 Grounds for cancellation of approval It is grounds for the cancellation of an approval if the holder: (a) has breached a condition of the approval; or (b) has contravened the Act or these Regulations; or (c) has otherwise been guilty of conduct that renders the holder's continued holding of the approval likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.235 Cancellation of approval after show cause notice (1) CASA may cancel an approval only if: (a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and (b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and (c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and (d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation. (2) Subregulation (1) does not apply in relation to an approval in circumstances in which CASA must cancel the approval. (3) If CASA has given a show cause notice to an approval holder, and it decides not to cancel the approval, it: (a) must tell the holder in writing of the decision; and (b) must, if the approval is suspended, revoke the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.237 Cancellation if cooperation or arrangement ceases (1) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(i) if the cooperation mentioned in that subparagraph ceases. (2) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(ii) if the arrangement mentioned in that subparagraph ceases. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 171.245 CASA's power to direct variation of manual (1) If necessary in the interests of the safety of air navigation, CASA may direct a service provider in writing to vary its operations manual, within a reasonable period specified in the direction, in a way specified in the direction. (2) CASA may extend the period by written notice, before or after the end of the period mentioned in subregulation (1). (3) If the service provider does not comply with the direction within the period (including any extension of it), the manual is taken to cease to be approved at the end of the period. (4) After complying with the direction, the holder must give CASA a copy of the manual as so varied. Part 172 --Air Traffic Service Providers Table of Contents Subpart 172.A -- General 172.005 Applicability of this Part 172.010 Definitions for this Part 172.015 What is an ATS provider 172.020 Providing air traffic service without approval 172.022 Issue of Manual of Standards Subpart 172.B -- Approval as an ATS provider 172.024 Applicant for approval as ATS provider 172.030 When applicant is eligible for approval 172.055 Variation of approvals Subpart 172.C -- Requirements to be complied with by ATS providers Division 172.C.1 -- Operations manual 172.060 Operations manual Division 172.C.2 -- Air traffic service 172.065 Standards for air traffic service 172.070 Aeronautical telecommunications procedures 172.075 ICAO Doc. 4444 and ICAO Doc. 7030 172.080 Compliance with provider's operations manual 172.085 Priority of standards 172.090 Priority of inconsistent procedures Division 172.C.3 -- Standards for facilities and equipment 172.095 Facilities and equipment Division 172.C.4 -- Organisation and personnel 172.100 Definition for this Division 172.105 Organisation 172.110 Personnel 172.115 Supervisory personnel 172.120 Qualifications for certain personnel Division 172.C.5 -- Arrangements to maintain service 172.125 Agreements with service providers 172.130 Agreements with aerodrome operators 172.135 Arrangements for transfer of information Division 172.C.6 -- Management 172.140 Training and checking program 172.145 Safety management system 172.150 Contingency plan 172.155 Security program Division 172.C.7 -- Reference materials, documents, records and log books 172.160 Reference materials 172.165 Documents and records 172.170 Document and record control system 172.175 Logbooks Division 172.C.8 -- Notice of air traffic service 172.180 Availability of air traffic service Subpart 172.D -- Telling CASA about changes 172.185 Advice on organisational changes 172.190 Discontinuing air traffic service Subpart 172.E -- Miscellaneous 172.195 ATS provider must not provide unauthorised air traffic service Subpart 172.F -- Administration Division 172.F.1 -- Preliminary 172.200 Applicability of this Subpart 172.202 Applying for approval Division 172.F.2 -- Approvals 172.205 Joint applications not permitted 172.215 Applications by corporations etc--what must be included 172.230 CASA may require demonstrations of procedures or equipment 172.260 When CASA must approve an applicant 172.265 When decision must be made 172.270 Conditions Division 172.F.4 -- Directions to amend provider's operations manual 172.300 CASA may direct amendments to provider's operations manual Division 172.F.5 -- Suspension and cancellation of approvals 172.305 Definition for this Division 172.310 Suspension of approval by show cause notice 172.315 Grounds for cancellation of approval 172.320 Notice to show cause 172.325 Cancellation of approval after show cause notice 172.327 Cancellation if cooperation or arrangement ceases Subpart 172.A -- General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.005 Applicability of this Part (1) This Part: (a) applies to a person that wants to become, or is, an ATS provider; and (b) sets out certain administrative rules applying to CASA in its administration of this Part. (2) However, this Part does not apply to: (a) a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or (b) any air traffic service provided by the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.010 Definitions for this Part In this Part: " airspace authority " means: (a) the body having the responsibility for making determinations under regulation 5, declarations under regulation 6 and designations under regulation 8 of the Airspace Regulations 2007; or (b) if another body is given that responsibility under other regulations having the same or similar effect--that body. " air traffic service "means an air traffic service of a kind mentioned in Annex 11, other than a certified air/ground radio service at an aerodrome. Annex 10 means Annex 10 to the Chicago Convention. Annex 11 means Annex 11 to the Chicago Convention. " certified air/ground radio service , or CA/GRS, in relation to an aerodrome, means" an air/ground radio service for the aerodrome certified in accordance with regulation 139.410. ICAO Doc. 4444 means Doc. 4444-RAC/501 (Procedures for Air Navigation Services - Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. " Manual of Standards "means the document called 'Manual of Standards (MOS) - Part 172' issued by CASA under regulation 172.022, as in force from time to time. " provider's operations manual ", in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.015 What is an ATS provider An ATS provider is a person approved, under Subpart 172.F, to provide the air traffic services that are covered by the approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.020 Providing air traffic service without approval (1) A person that is not an ATS provider must not provide an air traffic service. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.022 Issue of Manual of Standards (1) CASA may issue a Manual of Standards for this Part that provides for the following matters: (a) standards, including procedures, systems and documents used to provide an air traffic service; (b) standards for facilities and equipment used to provide an air traffic service; (c) standards for the training and checking of an ATS provider's personnel; (d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards; (e) any matter necessary or convenient to be provided for the effective operation of this Part. Note: A Manual of Standards is a legislative instrument--see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making. (2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS provider. Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS. Subpart 172.B --Approval as an ATS provider CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.024 Applicant for approval as ATS provider A person is eligible to apply for approval as an ATS provider if the person is any of the following: (a) the Commonwealth; (b) AA; (c) a person who is to provide an air traffic service: (i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or (ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.030 When applicant is eligible for approval For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.055 Variation of approvals (1) If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart 172.F, for that purpose. (2) The application must contain, or have with it, a copy of the proposed variation. Subpart 172.C -- Requirements to be complied with by ATS providers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.060 Operations manual (1) An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards. . (2) The provider: (a) must keep the manual in a readily accessible form; and (b) must ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides has ready access to the manual. (3) The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form. (4) If the provider is given a direction, under regulation 172.300, to amend the manual, the provider must comply with the direction. (5) The provider must ensure: (a) that all the amendments are incorporated in all copies of the manual kept by the operator; and (b) that copies of the amendments are given to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.065 Standards for air traffic service (1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with: (a) the standards set out in the Manual of Standards; and (b) the standards set out or referred to in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP. (2) However, the provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety. (3) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.070 Aeronautical telecommunications procedures An ATS provider must ensure that any air traffic service that it provides is provided in accordance with: (a) the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and (b) the procedures for aeronautical telecommunications set out in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.075 ICAO Doc. 4444 and ICAO Doc. 7030 (1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with the procedures and rules set out in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP. (2) If a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides, the provider must also ensure that the service is provided in accordance with that procedure. (3) However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety. (4) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.080 Compliance with provider's operations manual An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.085 Priority of standards If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.090 Priority of inconsistent procedures (1) In this regulation: " procedure "includes rules. (2) If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority. (3) For this regulation, 2 or more procedures are inconsistent if: (a) it is not possible to comply with both or all of the procedures; or (b) they require the same, or substantially similar, action to be taken at different times or in a different way. (4) The order of priority of a procedure is as follows (starting with those of highest priority): (a) procedures in Parts 1 and 2 of the AIP; (b) procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP; (c) procedures in ICAO Doc. 7030; (d) procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP; (e) any procedures in the provider's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.095 Facilities and equipment (1) An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval. (2) The equipment must include equipment of the kinds specified in the Manual of Standards. (3) Any equipment and facilities mentioned in chapter 6 of Annex 11 that the provider uses in providing an air traffic service must comply with the standards of that chapter. (4) If the provider uses a control tower in providing an air traffic service, the provider must ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.100 Definition for this Division In this Division: " trained , in relation to" a member of an ATS provider's personnel, means trained in accordance with any relevant requirements set out in the provider's training and checking program mentioned in regulation 172.140. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.105 Organisation An ATS provider must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.110 Personnel An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.115 Supervisory personnel An ATS provider must have, at all times, enough suitably qualified and trained personnel who are able to supervise the provision of any air traffic service that it provides. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.120 Qualifications for certain personnel (1) An ATS provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides unless: (a) CASA has authorised the person to perform the function under regulation 65.035; or (b) the person holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function; or (c) the person performs the function under the supervision of another person who holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function. (2) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides unless: (a) CASA has authorised the person to perform the function under regulation 65.050; or (b) the person holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function; or (c) the person performs the function under the supervision of another person who holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function. (3) The provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255. (4) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.125 Agreements with service providers (1) In this regulation: " service provider "means a person: (a) that is approved, under Part 171, to provide a telecommunication service, radionavigation service, or both; and (b) whose approval is in force. (2) An ATS provider (other than an ATS provider that is also a service provider) must have an agreement with a service provider for any telecommunication service or radionavigation service that the service provider provides to the ATS provider. (3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.130 Agreements with aerodrome operators (1) In this regulation: " vehicle "includes boat. (2) If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider must have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome. (3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.135 Arrangements for transfer of information (1) An ATS provider must have, at all times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval. (2) The provider must have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.140 Training and checking program An ATS provider must, at all times, provide a training and checking program, in accordance with the Manual of Standards, to ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides is competent to perform those functions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.145 Safety management system (1) An ATS provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to provide the air traffic services covered by its approval safely. (2) The safety management system must be in accordance with the standards set out in the Manual of Standards. (3) The provider must keep under review its safety management system and take such corrective action as is necessary to ensure that it operates properly. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.150 Contingency plan (1) An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted. (2) The plan must include: (a) the actions to be taken by the members of the provider's personnel responsible for providing the service; and (b) possible alternative arrangements for providing the service; and (c) the arrangements for resuming normal operations for the service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.155 Security program (1) An ATS provider must have, and put into effect, a security program that sets out the procedures designed to protect its personnel, and any facility and equipment that it uses, in providing any of its air traffic services. (2) The security program must be in accordance with the standards set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.160 Reference materials (1) An ATS provider must maintain the following reference materials: (a) copies of the Act and these Regulations; (b) copies of Annex 11 and Volume II of Annex 10; (c) a copy of ICAO Doc. 4444; (d) if a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides--a copy of ICAO Doc. 7030; (e) a copy of the parts of the AIP that are relevant to any air traffic services that it provides; (f) the Manual of Standards; (g) all manuals and documents specified in the Manual of Standards; (h) a copy of any instruction issued by it to its personnel in relation to the provision of its air traffic services. (2) The provider must keep the reference materials up to date and in a readily accessible form. (3) The provider's personnel who perform functions in connection with any air traffic service that the provider provides must have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.165 Documents and records (1) An ATS provider must keep documents and records of the kinds specified in the Manual of Standards. (2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record. (3) The provider must, at CASA's request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.170 Document and record control system (1) An ATS provider must establish, and put into effect, a system for controlling documents and records relating to the air traffic services that it provides, including the policies and procedures for making, amending, preserving and disposing those documents and records. (2) The system must be in accordance with the standards set out in the Manual of Standards. (3) The documents and records must include the documents and records required to be kept under regulation 172.165. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.175 Logbooks (1) An ATS provider must keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards. (2) The provider must ensure that information of the kinds mentioned in the Manual is recorded in each logbook. (3) The provider must, at CASA's request, make each logbook, or a copy of it or an extract from it, available for inspection by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.180 Availability of air traffic service (1) An ATS provider must give to the AIS details of each air traffic service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available. (2) An ATS provider must tell the AIS about changes, interruptions or the unavailability of any of its air traffic services, if it is practicable to do so. Subpart 172.D --Telling CASA about changes CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.185 Advice on organisational changes An ATS provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any of its air traffic services within 7 days after the change occurs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.190 Discontinuing air traffic service (1) An ATS provider must not discontinue an air traffic service that it provides, unless it has given CASA at least 7 days written notice that the service is to be discontinued. (2) Subregulation (1) does not apply if, having regard to the provider's circumstances: (a) it was not reasonably practicable for the provider to give to CASA at least 7 days notice; and (b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued. Subpart 172.E --Miscellaneous CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.195 ATS provider must not provide unauthorised air traffic service An ATS provider must not provide an air traffic service unless its approval: (a) is in force; and (b) covers that service. Subpart 172.F --Administration Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.200 Applicability of this Subpart This Subpart: (a) sets out certain administrative rules applying to CASA in its administration of this Part; and (b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.202 Applying for approval Subject to regulation 172.205, a person may apply to CASA, in writing, for approval as an ATS provider. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.205 Joint applications not permitted (1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose. (2) An application purportedly made by a partnership is not a valid application for any purpose. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.215 Applications by corporations etc--what must be included (1) An application from a person other than an individual must set out: (a) the applicant's registered address and ACN; and (b) the names and addresses of its officers. (2) In paragraph (1)(b): " officer " has the meaning given by section 9 of the Corporations Act 2001. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.230 CASA may require demonstrations of procedures or equipment Regulation 11.045 applies in relation to an approval as an ATS provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.260 When CASA must approve an applicant (1) Subject to regulation 11.055 and subregulation (2), if an applicant has applied for approval as an ATS provider under this Part, CASA must grant the approval. (2) CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.265 When decision must be made (1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application. (2) The period is 6 months. (3) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period. (4) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. (5) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period. (6) In this regulation: " application " includes an application to vary an approval under this Division. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.270 Conditions Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.300 CASA may direct amendments to provider's operations manual (1) If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider's operations manual in a way specified in the direction. (2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.305 Definition for this Division In this Division: " show cause notice " means a notice under regulation 172.320. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.310 Suspension of approval by show cause notice (1) CASA may state, in a show cause notice, that an ATS provider's approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. (2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider. (3) CASA may revoke the suspension at any time. (4) If CASA has not cancelled the approval under regulation 172.325, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.315 Grounds for cancellation of approval It is grounds for the cancellation of an ATS provider's approval if the provider: (a) has breached a condition of the approval; or (b) has contravened the Act or these Regulations; or (c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or (d) has otherwise been guilty of conduct that renders the provider's continued holding of the approval likely to have an adverse effect on the safety of air navigation. Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.320 Notice to show cause (1) CASA may give an ATS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider's approval. (2) A show cause notice must: (a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and (b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled. (3) For paragraph (2)(b), the period must not be less than 7 days. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.325 Cancellation of approval after show cause notice (1) CASA may cancel an ATS provider's approval only if: (a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and (b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and (c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and (d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation. (2) If CASA has given a show cause notice to an ATS provider, and it decides not to cancel the provider's approval, it: (a) must tell the provider, in writing, of the decision; and (b) must, if the approval is suspended, revoke the suspension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.327 Cancellation if cooperation or arrangement ceases (1) CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(i) if the cooperation mentioned in that subparagraph ceases. (2) CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(ii) if the arrangement mentioned in that subparagraph ceases. Part 173 --Instrument flight procedure design Table of Contents Subpart 173.A -- General 173.005 Applicability 173.010 Definitions for this Part 173.015 What is a certified designer 173.020 What is a procedure design certificate 173.025 What is an authorised designer 173.030 What is a procedure design authorisation 173.035 Design, review or amendment of terminal instrument flight procedures--requirement for procedure design certificate etc 173.040 Designing instrument flight procedures other than terminal instrument flight procedures Subpart 173.B -- Certified designers Division 173.B.1 -- Certification as certified designer 173.045 Applications for procedure design certificates 173.050 Criteria for grant of procedure design certificates 173.055 Procedure design certificate 173.060 Procedure design certificates subject to conditions 173.065 How long procedure design certificates remain in force 173.070 Variation of procedure design certificates Division 173.B.2 -- Requirements to be complied with by certified designers 173.075 Certified designer to maintain operations manual 173.080 Compliance with operations manual 173.085 Standards for design of terminal instrument flight procedures etc 173.090 Verification of terminal instrument flight procedures 173.095 Validation of terminal instrument flight procedures 173.100 Publication of terminal instrument flight procedures 173.105 Radio navigation aids 173.110 Maintenance of terminal instrument flight procedures 173.115 Certified designer to provide facilities etc 173.120 Certified designer to have appropriate organisation 173.125 Certified designer to have sufficient personnel 173.130 Supervisory personnel 173.135 Certified designer to appoint chief designer 173.140 Certified designer to provide training and checking program 173.145 Certified designer to have safety management system 173.150 Certified designer to maintain reference materials 173.155 Certified designer to keep documents and records 173.160 Certified designer to have document and record control system Division 173.B.3 -- Chief designer 173.165 Approval for appointment of chief designer 173.170 Approval for appointment to act as chief designer 173.175 Appointment likely to have adverse effect on air safety 173.180 Chief designer's functions and duties 173.185 Duration of approval 173.190 Withdrawal or suspension of approval of appointment Division 173.B.4 -- Miscellaneous 173.195 Advice on organisational changes 173.200 Discontinuing design work on terminal instrument flight procedures of a particular type 173.205 Notifying the AIS of a variation to a procedure design certificate 173.210 Discontinuing maintenance of particular terminal instrument flight procedures 173.215 Transfer of maintenance responsibility Subpart 173.C -- Authorised designers Division 173.C.1 -- Authorisation as authorised designer 173.220 Applications for procedure design authorisations 173.225 Criteria for grant of procedure design authorisations 173.240 How long procedure design authorisations remain in force 173.245 Applications to vary procedure design authorisations Division 173.C.2 -- Requirements to be complied with by authorised designers 173.250 Operations manual 173.255 Compliance with operations manual 173.260 Standards for design of terminal instrument flight procedures etc 173.265 Off-shore installations 173.270 Maintenance of terminal instrument flight procedures 173.275 Authorised designer to have sufficient personnel 173.280 Authorised designer to maintain reference materials 173.285 Authorised designer to keep documents and records 173.290 Authorised designer to have document and record control system Division 173.C.3 -- Miscellaneous 173.295 Discontinuing design work on terminal instrument flight of a particular type 173.300 Discontinuing maintenance of terminal instrument flight procedures 173.305 Transfer of maintenance responsibility Subpart 173.D -- Performance of design work 173.310 Certified designer not to exceed the limitations of the designer's procedure design certificate 173.315 Authorised designer not to exceed the limitations of authorisation Subpart 173.E -- Administration Division 173.E.1 -- Grant of procedure design certificates and procedure design authorisations 173.320 Request for information 173.325 Other things CASA can ask applicant to do--interview 173.330 CASA may require demonstrations of equipment etc 173.335 Grant of procedure design certificate or procedure design authorisation 173.345 CASA may grant certificate or authorisation subject to conditions 173.350 When decision must be made Division 173.E.3 -- Directions to amend certified designer's or authorised designer's operations manual 173.375 CASA may direct amendments to designer's operations manual Division 173.E.4 -- Suspension and cancellation of procedure design certificates and procedure design authorisations 173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA Division 173.E.5 -- Authorised inspectors 173.390 CASA may appoint authorised inspectors 173.395 Identity card 173.400 Powers of authorised inspector Subpart 173.A --General CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.005 Applicability (1) This Part: (a) provides for the standards that apply to the design of instrument flight procedures; and (b) applies to the following persons: (i) persons who want to become, or are, certified designers or authorised designers of terminal instrument flight procedures and certain employees of those persons; (ii) persons who design instrument flight procedures other than terminal instrument flight procedures. (2) This Part also sets out certain rules that apply to CASA in administering procedure design certificates and procedure design authorisations. (3) Nothing in this Part applies: (a) in relation to the design of terminal instrument flight procedures for use by an aircraft in circumstances where one or more engines of the aircraft become inoperative while it is on an IFR flight; or (b) to a person who carries on design work on such procedures. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.010 Definitions for this Part In this Part, unless the contrary intention appears: " authorised designer "has the meaning given by regulation 173.025. " certified designer " has the meaning given by regulation 173.015. " chief designer ", for a certified designer, means a person appointed as chief designer for the certified designer under Division 173.B.3. " continental shelf " means the continental shelf of Australia, within the meaning of the Seas and Submerged Lands Act 1973. " design work ", in relation to a terminal instrument flight procedure, means any of the following work: (a) designing the procedure or a part of the procedure; (b) verifying, maintaining, reviewing or amending the procedure; (c) supervising a person carrying on any work mentioned in paragraph (a) or (b). " employee ", of a certified designer or an authorised designer, includes a person who carries on design work on a terminal instrument flight procedure for the designer in the course of performing services for the designer. ICAO Doc. 8168 (PANS-OPS) means Doc.8168-OPS/611 Volume II (Procedures for Air Navigation Services - Construction of Visual and Instrument Flight Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. " Manual of Standards " means the document called 'Manual of Standards (MOS) Part 173 - Standards Applicable to the Provision of Instrument Flight Procedure Design', published by CASA, as in force from time to time. Note: The Manual of Standards is available from CASA's website at: www.casa.gov.au. " operations manual ": (a) in relation to a certified designer, means the manual maintained by the designer under regulation 173.075; and (b) in relation to an authorised designer, means the manual maintained by the designer under regulation 173.250. " procedure design authorisation "has the meaning given by regulation 173.030. " procedure design certificate "has the meaning given by regulation 173.020. " type of terminal instrument flight procedure " means a type of terminal instrument flight procedure mentioned in the Manual of Standards. " validate " has the same meaning as in the Manual of Standards. " verify " has the same meaning as in regulation 173.090. Note: The following terms are defined in the Dictionary: * AIS * instrument approach procedure * instrument departure procedure * instrument flight procedures * lowest safe altitude * off-shore installation * specialised helicopter operation * terminal instrument flight procedure. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.015 What is a certified designer A certified designer is a person who is the holder of a procedure design certificate that is in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.020 What is a procedure design certificate A procedure design certificate is a certificate that: (a) is granted by CASA to a person under this Part; and (b) certifies that the person is authorised to carry on design work on a terminal instrument flight procedure of a type covered by the certificate subject to any conditions set out in the certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.025 What is an authorised designer An authorised designer is a person who is the holder of a procedure design authorisation that is in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.030 What is a procedure design authorisation A procedure design authorisation is an authorisation that: (a) is granted by CASA to a person under this Part; and (b) authorises the person to carry on either of the following activities: (i) review or amend a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country; (ii) carry on design work on a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off-shore installation located no closer than 30 nm from the nearest land. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.035 Design, review or amendment of terminal instrument flight procedures--requirement for procedure design certificate etc (1) A person commits an offence if: (a) the person carries on design work (other than work mentioned in subregulation (2) or (3)) on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR, or by foreign aircraft operating under the IFR in Australian territory; and (b) the person is not permitted to do so under subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the following persons may carry on the work: (a) CASA; (b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure; (c) an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee's duties. (3) A person commits an offence if: (a) the person reviews or amends a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country; and (b) the person is not permitted to do so under subregulation (4). Penalty: 50 penalty units. (4) For paragraph (3)(b), the following persons may review or amend the procedure: (a) CASA; (b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure; (c) an employee of a certified designer mentioned in paragraph (b) who reviews or amends the procedure in the course of the employee's duties; (d) an authorised designer whose procedure design authorisation authorises the designer to review or amend the procedure; (e) an employee of an authorised designer mentioned in paragraph (d) who reviews or amends the procedure in the course of the employee's duties. (5) A person commits an offence if: (a) the person carries on design work on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off-shore installation; and (b) the person is not permitted to do so under subregulation (6). Penalty: 50 penalty units. (6) For paragraph (5)(b), the following persons may carry on the work: (a) CASA; (b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure; (c) an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee's duties; (d) an authorised designer whose procedure design authorisation authorises the designer to carry on design work on the procedure; (e) an employee of an authorised designer mentioned in paragraph (d) who carries on the design work in the course of the employee's duties. (7) An offence against subregulation (1), (3) or (5) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.040 Designing instrument flight procedures other than terminal instrument flight procedures (1) A person who designs an instrument flight procedure that is not a terminal instrument flight procedure must, in designing the procedure, meet any standards for the design of such a procedure set out in the Manual of Standards. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 173.B --Certified designers Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a certified designer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.045 Applications for procedure design certificates (1) A person may apply to CASA, in writing, for a procedure design certificate. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (2) The application: (b) must state: (i) the applicant's name and address; or (ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant's name, registered address and ACN and the names and addresses of the people responsible for its management and control; and (c) must contain or be accompanied by: (i) a written statement specifying the type or each type of terminal instrument flight procedure proposed to be covered by the procedure design certificate; and (ii) a written statement setting out the name, qualifications and relevant experience of the individual who is proposed to be the chief designer for the applicant's organisation; and (iii) a written statement setting out the qualifications and relevant experience of any other member of the applicant's personnel whose duties would, if the certificate were granted to the applicant, include carrying on design work under the certificate; and (d) must be accompanied by a copy of the operations manual under which the applicant proposes to design, or engage in design work on, terminal instrument flight procedures of the type or types concerned. Note: Part 11 also contains provisions relating to an application for a procedure design certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.050 Criteria for grant of procedure design certificates For regulation 173.335, a person who has applied for the grant of a procedure design certificate must, if the certificate is granted, be able to comply with the requirements of Division 173.B.2. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.055 Procedure design certificate (1) If CASA grants a procedure design certificate to a person under Subpart 173.E, CASA must state on the certificate: (a) the person's name and principal place of business; and (b) the type or each type of terminal instrument flight procedure covered by the certificate; and (c) any conditions applicable to it; and (d) the date when it comes into force; and (e) any other information that CASA thinks should be included. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.065 How long procedure design certificates remain in force A procedure design certificate remains in force unless it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.070 Applications to vary procedure design certificates An application to vary a procedure design certificate must contain, or have with it, a copy of the proposed variation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.075 Certified designer to maintain operations manual (1) A certified designer must, at all times, maintain an operations manual that meets the standards for operations manuals set out in the Manual of Standards. (2) A certified designer: (a) must keep the manual in a readily accessible form; and (b) must ensure that each employee of the designer whose duties include carrying on design work under the designer's procedure design certificate has ready access to the manual; and (c) must amend the manual whenever it is necessary to do so to keep it in an up-to-date form. (3) A certified designer must ensure: (a) that all amendments of the manual are incorporated in all copies of the manual kept by the certified designer; and (b) that copies of the amendments are given to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.080 Compliance with operations manual A certified designer must, in carrying on design work authorised under the designer's procedure design certificate, comply with the designer's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.085 Standards for design of terminal instrument flight procedures etc (1) A certified designer designing a terminal instrument flight procedure under the certified designer's procedure design certificate must ensure that the procedure is designed in accordance with: (a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS-OPS); and (b) any applicable standards set out in the Manual of Standards. (2) If, apart from this subregulation, a certified designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS-OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.090 Verification of terminal instrument flight procedures (1) A certified designer must establish procedures for verifying terminal instrument procedures that it is authorised to design under the designer's procedure design certificate or on which the designer is authorised to carry on design work. (2) The verification procedures: (a) must provide for 2 qualified designers to check independently the design of each terminal instrument flight procedure designed, or on which design work is carried on, under the certified designer's procedure design certificate; and (b) must provide for one of those checks to be made by a qualified designer who did not carry on the design work concerned. (3) In this regulation, a reference to verifying a terminal instrument flight procedure is a reference to the process of checking the procedure (including all data, computations and drawings for the procedure) in accordance with any applicable standards set out in the Manual of Standards. (4) In this regulation: " qualified designer , in relation to a terminal instrument flight procedure," means an individual who: (a) is the holder, or an employee of the holder, of a procedure design certificate that authorises the holder to design terminal instrument flight procedures of the same type as the terminal instrument flight procedure concerned; and (b) has successfully completed: (i) an approved course of training in the methods and practices contained in ICAO Doc. 8168 (PANS-OPS); and (ii) any training for persons carrying on design work on terminal instrument flight procedures that is specified in the operations manual under which the qualified designer performs the designer's duties; and (c) meets the experience requirements for performing the functions of a qualified designer set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.095 Validation of terminal instrument flight procedures (1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer's procedure design certificate is validated by a CASA pilot in accordance with any applicable standards set out in the Manual of Standards. (2) In this regulation: " CASA pilot " means a pilot: (a) who is an officer of CASA; and (b) who meets the standards set out in the Manual of Standards for carrying out a validation flight check of a terminal instrument flight procedure. " validation flight check "has the same meaning as in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.100 Publication of terminal instrument flight procedures (1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer's procedure design certificate is given to the AIS for publication in the AIP together with a certificate by the certified designer's chief designer to the effect that the procedure is designed and validated in accordance with any applicable standards set out or referred to in ICAO Doc. 8168 (PANS-OPS) and the Manual of Standards. (2) However, the designer need not give a terminal instrument flight procedure to the AIS if the procedure is for use only by an aircraft in a specialised helicopter operation. (3) A certified designer must ensure that all procedures designed under its procedure design certificate that are not given to the AIS for publication in the AIP are given to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.105 Radio navigation aids A certified designer must ensure that a terminal instrument flight procedure designed under the designer's procedure design certificate does not require the use of a ground-based radio-navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.110 Maintenance of terminal instrument flight procedures (1) Subject to subregulation (2), a certified designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer's procedure design certificate or for which that responsibility is transferred to the certified designer under regulation 173.215. (2) The certified designer ceases to be responsible for the maintenance of the procedure: (a) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.210, that the designer has ceased to have that responsibility: (i) on the day when the notice is given; or (ii) if a later day is specified in the notice--on the later day; or (b) if the certified designer's responsibility for the maintenance of the procedure is transferred to another certified designer in accordance with regulation 173.215--on the day when the responsibility is transferred; or (c) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.200, that the designer has ceased to design the type of terminal instrument flight procedure concerned: (i) on the day when the notice is given; or (ii) if a later day is specified in the notice--on the later day; or (d) if the certified designer's procedure design certificate is varied under Subpart 173.E to exclude that type of procedure--on the day when the variation takes effect; or (e) if the certified designer ceases to be a certified designer--on the day when the designer ceases to be a certified designer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.115 Certified designer to provide facilities etc (1) A certified designer must provide and maintain adequate facilities for carrying on design work on terminal instrument flight procedures under the designer's procedure design certificate, including: (a) providing premises and equipment appropriate for the certified designer's employees to carry on the design work; and (b) ensuring that those employees have access to all necessary data for designing the procedures including: (i) accurate and current databases or charts detailing terrain and obstacle information; and (ii) accurate and current navigation aid coordinate data; and (iii) accurate and current aerodrome reference point and threshold data. (2) A certified designer must, if an aeronautical database and aeronautical data is required for designing a terminal instrument flight procedure under the designer's procedure design certificate, have, and put into effect, procedures to ensure the integrity of the database and the data. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.120 Certified designer to have appropriate organisation A certified designer must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable the designer to carry on design work on terminal instrument flight procedures under the designer's procedure design certificate in accordance with these Regulations. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.125 Certified designer to have sufficient personnel A certified designer: (a) must employ a sufficient number of personnel to enable the designer to carry on design work on terminal instrument flight procedures under the designer's procedure design certificate in accordance with these Regulations; and (b) must ensure that those personnel: (i) are suitably qualified and competent to perform their duties; and (ii) are trained in accordance with the Manual of Standards and the designer's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.130 Supervisory personnel A certified designer must ensure that each employee who is occupying or acting in a supervisory position in the designer's organisation in relation to design work on terminal instrument flight procedures carried on under the designer's procedure design certificate meets the standards for supervisory positions set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.135 Certified designer to appoint chief designer A certified designer must not carry on design work on a terminal instrument flight procedure under the designer's procedure design certificate unless: (a) the certified designer has appointed a person to be the chief designer for the designer's organisation; and (b) the appointment is approved by CASA and is in force; and (c) the functions of the chief designer are being carried out by the person or, if the chief designer is temporarily absent from duty, another person: (i) who is appointed by the certified designer to act as chief designer; and (ii) whose appointment is approved by CASA and is in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.140 Certified designer to provide training and checking program A certified designer must provide a training and checking program that is of an adequate standard to ensure that the employees of the designer maintain their competence and are provided with ongoing training appropriate to their duties. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.145 Certified designer to have safety management system (1) A certified designer must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary for managing design work on terminal instrument flight procedures carried on under the designer's procedure design certificate. (2) The safety management system must be in accordance with the standards set out in the Manual of Standards. (3) The designer must keep its safety management system under review and take any necessary corrective action to ensure that it operates properly. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.150 Certified designer to maintain reference materials (1) A certified designer must maintain reference materials of the kinds specified in the Manual of Standards. (2) A certified designer must keep the reference materials up-to-date and in a readily accessible form. (3) Each employee of the certified designer who carries on design work on a terminal instrument flight procedure under the certified designer's procedure design certificate must have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.155 Certified designer to keep documents and records (1) A certified designer must keep documents and records of the kinds specified in the Manual of Standards. (2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record. (3) The designer must, at CASA's request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.160 Certified designer to have document and record control system (1) A certified designer must establish, and put into effect, a system for controlling documents and records relating to the terminal instrument flight procedures on which the designer carries on design work under the certified designer's procedure design certificate, including the policies and procedures for making, amending, preserving and disposing of those documents and records. (2) The system must be in accordance with the standards set out in the Manual of Standards. (3) The documents and records must include the documents and records required to be kept under this Division. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.165 Approval for appointment of chief designer (1) A certified designer must not appoint a person as chief designer unless the appointment is approved by CASA. (2) To be appointed as chief designer, a person must, at the time of appointment, meet the standards for the chief designer for a certified designer's organisation set out in the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.170 Approval for appointment to act as chief designer (1) A certified designer must not appoint a person to act as chief designer for the certified designer unless the appointment is approved by CASA. (2) To be appointed to act as chief designer, a person must, at the time of appointment, have sufficient qualifications and experience to enable the individual to carry out the functions of the appointment properly, having regard to the nature and scope of the design work carried on by the chief designer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.175 Appointment likely to have adverse effect on air safety (1) Without limiting the matters that CASA may take into account in deciding whether to approve an appointment of a person as chief designer or an appointment of a person to act as chief designer, CASA is not required to approve the appointment if the approval would be likely to have an adverse effect on the safety of air navigation. (2) In deciding whether approval of the appointment of a person would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following: (a) the person's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; (b) the experience of the person in aviation; (c) the person's knowledge of the regulatory requirements applicable to civil aviation in Australia; (d) any evidence held by CASA that the person has contravened: (i) the Act or these Regulations; or (ii) a law of another country relating to aviation safety; or (iii) another law (of Australia or of another country) relating to transport safety. Note: Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.180 Chief designer's functions and duties The chief designer for a certified designer's organisation is responsible to the certified designer for the following: (a) ensuring that any design work on the terminal instrument flight procedures that is carried on under the designer's procedure design certificate is carried on in accordance with these Regulations; (b) appointing persons as employees of the certified designer to carry on design work on terminal instrument flight procedures under the designer's procedure design certificate; (c) effectively managing work done in relation to those terminal instrument flight procedures by those persons; (d) issuing certificates as required by regulation 173.100. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.185 Duration of approval (1) An approval under regulation 173.165 or 173.170 stops being in force if: (a) the appointment to which it relates ends; or (b) it is withdrawn. (2) An approval is not in force during any period in which it is suspended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.190 Withdrawal or suspension of approval of appointment (1) CASA may, by notice in writing to a person appointed as the chief designer, or to act as the chief designer, for a certified designer's organisation, withdraw or suspend approval of the person's appointment if continuing approval of the appointment would be likely to have an adverse effect on the safety of air navigation. (2) In deciding whether continuing approval of a person's appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the matters mentioned in subregulation 173.175(2). (3) The notice: (a) must set out the reasons for the withdrawal or suspension; and (b) in the case of a suspension, must specify the period of suspension or state when, or in what circumstances, it will end. (4) CASA must give a copy of the notice to the certified designer. (5) If CASA suspends approval of a person's appointment, the person must not carry out the functions of the appointment during the period of the suspension. (6) If CASA withdraws approval of a person's appointment: (a) for the purposes of these Regulations, the appointment is taken to end; and (b) the person must not continue to carry out the functions of the position to which the appointment relates. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.195 Advice on organisational changes A certified designer must tell CASA, in writing, of a change of circumstances that materially affects its capacity to design a terminal instrument flight procedure under the designer's procedure design certificate, or engage in any design work on that procedure, within 7 days after the change occurs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.200 Discontinuing design work on terminal instrument flight procedures of a particular type (1) If a certified designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the certified designer must give written notice to that effect to CASA, and, if any of the procedures are published in the AIP, the AIS, within 7 days after ceasing to carry on the design work concerned. (2) Subregulation (1) does not apply if, having regard to the certified designer's circumstances, it is not reasonably practicable for the designer to give CASA or, if applicable, the AIS, at least 7 days notice and the notice is given as soon as is reasonably practicable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.205 Notifying the AIS of a variation to a procedure design certificate If a certified designer's procedure design certificate is varied under Subpart 173.E to exclude a particular type of terminal instrument flight procedure and the designer has given any procedures of that type to the AIS for publication in the AIP, the designer must give written notice to the AIS of the variation within 7 days after the day when the variation takes effect. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.210 Discontinuing maintenance of particular terminal instrument flight procedures (1) If a certified designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the certified designer must give written notice to that effect to CASA and, if the procedure is published in the AIP, to the AIS, within 7 days after ceasing to have that responsibility. (2) Subregulation (1) does not apply if, having regard to the certified designer's circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.215 Transfer of maintenance responsibility (1) A certified designer may transfer the designer's responsibility for maintaining a terminal instrument flight procedure under regulation 173.110 to another certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned. (2) If a certified designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer: (a) must give written notice to the transferor to that effect; and (b) must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer. (3) A transfer takes effect on the day when the certified designer accepting responsibility for maintaining the procedure gives notice to the transferor under paragraph (2)(a) or, if a later day is specified in the notice, on the later day. (4) If a certified designer transfers the designer's responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer. Subpart 173.C --Authorised designers Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for the grant of a procedure design authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.220 Applications for procedure design authorisations (1) A person may apply to CASA, in writing, for a procedure design authorisation. Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030. (2) The application: (b) must state: (i) the applicant's name and address; or (ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant's name, registered address and ACN and the names and addresses of the people responsible for its management and control; and (c) must contain or be accompanied by: (i) a written statement specifying the activity mentioned in subparagraph 173.030(b)(i) or (ii) that is proposed to be authorised under the authorisation, including specifying the type or each type of terminal instrument flight procedure proposed to be covered by the authorisation; and (ii) a written statement setting out the qualifications and relevant experience of each member of the applicant's personnel whose duties would, if the authorisation were granted to the applicant, include carrying on the design work concerned; and (d) must be accompanied by a copy of the operations manual under which the applicant proposes to carry on that activity. Note: Part 11 also contains provisions relating to an application for a procedure design authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.225 Criteria for grant of procedure design authorisations For regulation 173.335, a person who has applied for the grant of a procedure design authorisation must, if the authorisation is granted, be able to comply with the requirements of Division 173.C.2. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.240 How long procedure design authorisations remain in force A procedure design authorisation remains in force unless it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.245 Applications to vary procedure design authorisations An application to vary a procedure design authorisation must contain, or have with it, a copy of the proposed variation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.250 Operations manual (1) An authorised designer must, at all times, maintain an operations manual that meets the standards set out in the Manual of Standards. (2) An authorised designer: (a) must keep the manual in a readily accessible form; and (b) must ensure that each employee of the designer whose duties include carrying on design work authorised by the designer's procedure design authorisation has ready access to the manual; and (c) must amend the manual whenever it is necessary to do so to keep it in an up-to-date form. (3) An authorised designer must ensure: (a) that all amendments of the manual are incorporated in all copies of the manual kept by the designer; and (b) that copies of the amendments are given to CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.255 Compliance with operations manual An authorised designer must, in carrying on the activity authorised by the designer's procedure design authorisation, comply with the designer's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.260 Standards for design of terminal instrument flight procedures etc (1) An authorised designer designing a terminal instrument flight procedure under the authorised designer's procedure design authorisation must ensure that the procedure is designed in accordance with: (a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS-OPS); and (b) any applicable standards set out in the Manual of Standards. (2) If, apart from this subregulation, an authorised designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS-OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.265 Off-shore installations (1) This regulation applies to an authorised designer who is authorised to carry on design work on a terminal instrument flight procedure that: (a) is of a type covered by the authorisation; and (b) is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off-shore installation located no closer than 30 nm from the nearest land. (2) The authorised designer must ensure that a copy of each terminal instrument flight procedure designed under the designer's procedure design authorisation is given to CASA. (3) The authorised designer must ensure that a terminal instrument flight procedure designed under the designer's procedure design authorisation does not require the use of a ground-based radio-navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.270 Maintenance of terminal instrument flight procedures (1) Subject to subregulation (2), an authorised designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer's procedure design authorisation or a terminal instrument flight procedure for which that responsibility is transferred to the authorised designer under regulation 173.305. (2) The authorised designer ceases to be responsible for the maintenance of the procedure: (a) if the authorised designer has notified CASA, under regulation 173.300, that the designer has ceased to have that responsibility: (i) on the day when the notice is given; or (ii) if a later day is specified in the notice--on the later day; or (b) if the authorised designer's responsibility for the maintenance of the procedure is transferred to a certified designer or another authorised designer under regulation 173.305--on the day when the responsibility is transferred; or (c) if the authorised designer has notified CASA, under regulation 173.295, that the designer has ceased to design the type of terminal instrument flight procedure concerned: (i) on the day when the notice is given; or (ii) if a later day is specified in the notice--on the later day; or (d) if the authorised designer's procedure design authorisation is varied under Subpart 173.E to exclude that type of procedure--on the day when the authorisation is varied; or (e) if the authorised designer ceases to be an authorised designer--on the day when the designer ceases to be an authorised designer. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.275 Authorised designer to have sufficient personnel An authorised designer: (a) must employ a sufficient number of personnel to enable the designer to carry on the activity authorised by the designer's procedure design authorisation in accordance with these Regulations; and (b) must ensure that those personnel: (i) are suitably qualified and competent to perform their duties; and (ii) are trained in accordance with the Manual of Standards and the designer's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.280 Authorised designer to maintain reference materials (1) An authorised designer must maintain reference materials of the kinds specified in the Manual of Standards. (2) An authorised designer must keep the reference materials up-to-date and in a readily accessible form. (3) Each employee of the authorised designer whose duties include carrying on design work that is authorised under the designer's procedure design authorisation must have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.285 Authorised designer to keep documents and records (1) An authorised designer must keep documents and records of the kinds specified in the Manual of Standards. (2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record. (3) The designer must, at CASA's request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.290 Authorised designer to have document and record control system (1) An authorised designer must establish, and put into effect, a system for controlling documents and records relating to the activity authorised under the authorised designer's procedure design authorisation, including the policies and procedures for making, amending, preserving and disposing of those documents and records. (2) The system must be in accordance with the standards set out in the Manual of Standards. (3) The documents and records must include the documents and records required to be kept under this Division. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.295 Discontinuing design work on terminal instrument flight of a particular type (1) If an authorised designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to carry on the design work concerned. (2) Subregulation (1) does not apply if, having regard to the authorised designer's circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.300 Discontinuing maintenance of terminal instrument flight procedures (1) If an authorised designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to have that responsibility. (2) Subregulation (1) does not apply if, having regard to the authorised designer's circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.305 Transfer of maintenance responsibility (1) An authorised designer may transfer the designer's responsibility for maintaining a terminal instrument flight procedure under regulation 173.270: (a) to a certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned; or (b) to another authorised designer whose procedure design authorisation authorises that designer to design such a terminal instrument flight procedure. (2) If a certified designer or an authorised designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer: (a) must give written notice to the transferor to that effect; and (b) must give written notice of the transfer to CASA within 14 days after the transfer. (3) A transfer takes effect on the day when the certified designer or authorised designer accepting responsibility for maintaining the procedure gives notice to the transferor under subregulation (2) or, if a later day is specified in the notice, on the later day. (4) If an authorised designer transfers the designer's responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA within 14 days after the transfer. Subpart 173.D --Performance of design work CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.310 Certified designer not to exceed the limitations of the designer's procedure design certificate A certified designer must not carry on design work on a terminal instrument flight procedure that is not of a type covered by the designer's procedure design certificate. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.315 Authorised designer not to exceed the limitations of authorisation A authorised designer must not carry on an activity mentioned in paragraph 173.030(b)(i) or (ii) unless that activity is authorised by the designer's procedure design authorisation. Subpart 173.E --Administration Note: In addition to the provisions of this Division, Part 11 contains provisions relating to the grant of a procedure design certificate or procedure design authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.330 CASA may require demonstrations of equipment etc Regulation 11.045 applies in relation to a procedure design certificate or procedure design authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.335 Grant of procedure design certificate or procedure design authorisation Subject to regulation 11.055, if an applicant has applied for the grant of a procedure design certificate or procedure design authorisation under this Part, CASA must grant the certificate or authorisation. Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of: (a) a decision refusing to issue or grant, or cancelling, suspending or varying, a certificate or authorisation; or (b) a decision imposing a condition on a certificate or authorisation. See also section 31 of the Act. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.345 CASA may grant certificate or authorisation subject to conditions (2) Without limiting regulation 11.056, CASA may grant a procedure design certificate or procedure design authorisation subject to a condition requiring its holder to permit an authorised inspector (within the meaning given by Division 173.E.5) to exercise the powers of an authorised inspector under that Division in relation to the certificate or authorisation. (3) However, such a condition is not taken to require the holder to permit the exercise of those powers: (a) unless the inspector first shows his or her identity card to the holder, or another person on behalf of the holder, if asked to do so by the holder or other person; or (b) at a time other than during normal business hours. (4) Such a condition is not taken to authorise the inspector to use force to any extent in exercising those powers. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.350 When decision must be made (1) If CASA does not make a decision about an application under this Part within 6 months after receiving it, CASA is taken to have refused the application. (2) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, attends the interview, or gives CASA the information or copy requested, does not count towards the period. (2A) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. (3) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the submission does not count towards the period. (4) In this regulation: " application " includes an application to vary a procedure design certificate or procedure design authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.375 CASA may direct amendments to designer's operations manual (1) If necessary in the interests of the safety of air navigation, CASA may, in writing, direct a certified designer or an authorised designer, within a reasonable period specified in the direction, to amend the designer's operations manual by: (a) including in the manual the information or other things set out or described in the direction; or (b) altering the information or other things in the manual in the manner set out in the direction. (2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA (1) CASA may, by written notice given to a certified designer or authorised designer, suspend or cancel the designer's procedure design certificate or procedure design authorisation if there are reasonable grounds for believing that the designer: (a) has breached a condition of the certificate or authorisation; or (b) has contravened a provision of this Part; or (c) does not meet, or continue to meet, a requirement of this Part for getting or holding the certificate or authorisation; or (d) has otherwise been guilty of conduct that renders the designer's continued holding of the certificate or authorisation likely to have an adverse effect on the safety of air navigation. (2) Before suspending or cancelling a certified designer's procedure design certificate or an authorised designer's procedure design authorisation, CASA: (a) must give written notice to the designer of the facts or circumstances that, in the opinion of CASA, amount to grounds for the suspension or cancellation of the certificate; and (b) must invite the designer to show cause in writing, within 30 days after the date of the notice, why the certificate or authorisation should not be suspended or cancelled; and (c) must take into account any written representations made, within the time allowed under paragraph (b), by or on behalf of the designer explaining why the certificate should not be cancelled. Note: Most decisions in relation to certificates and authorisations are reviewable by the Administrative Appeals Tribunal. See section 31 of the Act and regulation 201.4. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.390 CASA may appoint authorised inspectors (1) The Director may, in writing, appoint an officer of CASA as an authorised inspector. (2) The instrument of appointment may: (a) describe the premises and activities in relation to which the inspector may use his or her powers under regulation 173.400; and (b) specify the duration of the appointment; and (c) specify that the appointment is subject to 1 or more conditions. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.395 Identity card (1) CASA must issue each authorised inspector with an identity card that includes a recent photograph of the inspector. (2) No more than 7 days after ceasing to be an authorised inspector, a person must return his or her identity card to CASA. Penalty: 1 penalty unit. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.400 Powers of authorised inspector (1) The powers that an authorised inspector may exercise are the powers to do any or all of the following: (a) enter and inspect premises connected with, or used for the purposes of, design work that is carried on by, or for, a certified designer or authorised designer or where any documents or records relating to that work are kept; (b) observe the practices and procedures of the certified designer or authorised designer (including the designer's employees) in carrying on design work under the designer's procedure design certificate or procedure design authorisation; (c) inspect the designer's facilities used for, or in relation to, that work; (d) inspect and test any systems and equipment used for, or in relation to, that work; (e) inspect any documents or records maintained, or required to be kept under this Part, by the designer in relation to that work; (f) make a copy of any document or record that the authorised inspector inspects. (2) However, an authorised inspector may exercise his or her powers only: (a) at premises connected with, or used for the purposes of, design work that is carried on by, or for, a certified designer or authorised designer or where any documents or records relating to that work are kept; and (b) with the permission of the certified designer or authorised designer; and (c) if the designer, or a person on behalf of the designer, so requests--after the designer or person has been shown the inspector's identity card; and (d) during normal business hours; and (e) to ensure that design work is being carried on in accordance with these Regulations. (3) The cost of any copying carried out for the purposes of paragraph (1)(f) must be met by CASA. Part 175 --Aeronautical information management Table of contents Subpart 175.A--Aeronautical information management--general 175.005 What Part 175 is about 175.010 Application of Part 175 175.015 Definitions for Part 175 175.020 References in Part 175 to Annexes 3, 4 and 15 175.025 Issue of Manual of Standards for Part 175 Subpart 175.B--Aeronautical information management--AIS providers Division 175.B.1--AIS providers--general 175.030 Definitions for Subpart 175.B 175.035 Provision of AIS--requirement for certificate Division 175.B.2--AIS provider certificates 175.040 AIS provider certificates--who may apply 175.045 AIS provider certificates--requirements for application 175.050 AIS provider certificates--CASA may ask for demonstration of service, facility or equipment 175.055 AIS provider certificates--issue of certificate 175.060 AIS provider certificates--approval of exposition 175.065 AIS provider certificates--conditions 175.067 AIS provider certificates--cancellation of certificate if cooperation or arrangement ceases Division 175.B.3--AIS providers--changes 175.070 AIS providers--changes to services--matters included in certificate 175.075 AIS providers--other changes 175.080 AIS providers--CASA directions relating to exposition 175.085 AIS providers--notifying CASA of changes in circumstances Division 175.B.4--AIS providers--requirements for provision of AIS 175.090 AIS providers--provision of AIS must comply with laws 175.095 AIS providers--compliance with exposition 175.100 AIS providers--provision of AIS must comply with standards 175.105 AIS providers--standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts 175.110 AIS providers--standards for aeronautical data processing system 175.115 AIS providers--contravention of exposition or standards 175.120 AIS providers--NOTAM service 175.125 AIS providers--briefing service 175.130 AIS providers--post-flight information service 175.135 AIS providers--CASA directions about NOTAMS for a location 175.140 AIS providers--aerodromes not covered by Part 139--removal of references in AIP 175.145 AIS providers--publication of aeronautical charts relating to areas etc. outside authority Division 175.B.5--AIS providers--requirements about aeronautical data and aeronautical information 175.150 AIS providers--CASA directions relating to aeronautical data or aeronautical information 175.155 AIS providers--integrity of aeronautical data and aeronautical information 175.160 AIS providers--giving data product specifications to aeronautical data originators 175.165 AIS providers--revoking data product specifications 175.170 AIS providers--compliance with data product specification 175.175 AIS providers--correction and notification of errors and omissions in aeronautical data and aeronautical information 175.180 AIS providers--storage and security of aeronautical data and aeronautical information 175.185 AIS providers--timing of effective dates and distribution of certain documents and information 175.190 AIS providers--licence agreements with data service providers for supply of data sets 175.195 AIS providers--compliance with licence agreement Division 175.B.6--AIS providers--organisational requirements 175.200 AIS providers--exposition 175.205 AIS providers--organisational structure 175.210 AIS providers--personnel--general 175.215 AIS providers--personnel--accountable manager 175.220 AIS providers--personnel--training and checking system for operational personnel 175.225 AIS providers--safety management system 175.230 AIS providers--quality management system 175.235 AIS providers--facilities, equipment, data and information 175.240 AIS providers--contingency plan 175.245 AIS providers--reference materials 175.250 AIS providers--annual review by accountable manager 175.255 AIS providers--records 175.260 AIS providers--retention period for aeronautical data, aeronautical information and records Subpart 175.C--Aeronautical information management--data service providers Division 175.C.1--Data service providers--general 175.265 Definitions for Subpart 175.C 175.270 Conduct of data service activity--requirement for certificate 175.275 CASA to publish list of data service providers Division 175.C.2--Data service provider certificates 175.280 Data service provider certificates--who may apply 175.285 Data service provider certificates--requirements for application 175.290 Data service provider certificates--CASA may ask for demonstration of service, facility or equipment 175.295 Data service provider certificates--issue of certificate 175.300 Data service provider certificates--approval of exposition 175.305 Data service provider certificates--conditions Division 175.C.3--Data service providers--changes 175.310 Data service providers--changes to authorised data service activities--matters included in certificate 175.315 Data service providers--other changes 175.320 Data service providers--CASA directions relating to exposition 175.325 Data service providers--notifying CASA of changes in circumstances 175.330 Data service providers--notifying CASA of intention to cease activities Division 175.C.4--Data service providers--requirements for provision of data service 175.335 Data service providers--standards for data service provision 175.340 Data service providers--compliance with exposition 175.345 Data service providers--standards for aeronautical data processing system Division 175.C.5--Data service providers--requirements about aeronautical data and aeronautical information 175.350 Data service providers--CASA directions to amend aeronautical data or aeronautical information 175.355 Data service providers--integrity of aeronautical data and aeronautical information 175.360 Data service providers--correction and notification of errors and omissions in aeronautical data and aeronautical information 175.365 Data service providers--storage and security of aeronautical data and aeronautical information 175.370 Data service providers--effective dates and validity of aeronautical data, information and charts 175.375 Data service providers--compliance with licence agreement with AIS providers Division 175.C.6--Data service providers--organisational requirements 175.380 Data service providers--exposition 175.385 Data service providers--organisational structure 175.390 Data service providers--personnel--general 175.395 Data service providers--personnel--accountable manager 175.400 Data service providers--personnel--training and checking system for operational personnel 175.405 Data service providers--safety management system 175.410 Data service providers--quality management system 175.415 Data service providers--facilities, equipment, data and information 175.420 Data service providers--contingency plan 175.425 Data service providers--reference materials 175.430 Data service providers--annual review by accountable manager 175.435 Data service providers--records 175.440 Data service providers--retention period for aeronautical data, aeronautical information and records Subpart 175.D--Aeronautical information management--aeronautical data originators Division 175.D.1--Aeronautical data originators--general 175.445 Aeronautical data originators--AIP responsible person and NOTAM authorised persons 175.450 Aeronautical data originators--telling AIS provider of AIP responsible person and NOTAM authorised persons 175.455 Aeronautical data originators--requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS 175.460 Aeronautical data originators--requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS 175.465 Aeronautical data originators--annual review of aeronautical data and aeronautical information 175.470 Aeronautical data originators--requirements in relation to requests for issue of NOTAMS Division 175.D.2--Aeronautical data originators--Geoscience Australia 175.475 Aeronautical data originators--responsibilities of Geoscience Australia Subpart 175.E--Aeronautical information management--objects and structures that affect aviation safety 175.480 Objects and structures that affect aviation safety--application of Subpart 175.E 175.485 Objects and structures that affect aviation safety--requests for data by AA 175.490 Objects and structures that affect aviation safety--requests for data from owners etc. 175.495 Objects and structures that affect aviation safety--requests for data from aerodrome operators 175.500 Objects and structures that affect aviation safety--requests for data from government authorities Subpart 175.A --Aeronautical information management--general CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.005 What Part 175 is about (1) This Part establishes standards and requirements for the quality and integrity of data and information used in air navigation. (2) Subpart 175.B establishes standards and requirements for AIS providers--persons responsible for the publication of aeronautical data and aeronautical information in the Integrated Aeronautical Information Package and on aeronautical charts. (3) Subpart 175.C establishes standards and requirements for data service providers--persons authorised to publish aeronautical data, aeronautical information or aeronautical charts, or to supply aeronautical data, that pilots may use as an alternative to the Integrated Aeronautical Information Package and aeronautical charts published by AIS providers. (4) Subpart 175.D sets out requirements for aeronautical data originators--persons responsible for providing aeronautical data and aeronautical information to AIS providers for publication in the Integrated Aeronautical Information Package and on aeronautical charts. (5) Subpart 175.E contains powers that can be used to gather data about objects and structures that affect aviation safety. Note: The data gathered under Subpart 175.E will be used in air navigation applications, including the following: (a) the design of terminal instrument flight procedures; (b) the calculation of lowest safe altitudes; (c) aircraft operating limitations analysis; (d) minimum safe altitude warning systems; (e) the publication of visual navigation charts. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.010 Application of Part 175 This Part does not apply to the following: (a) a person who is providing an AIS in the course of his or her duties for the Defence Force; (b) an AIS provided by the Defence Force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.015 Definitions for Part 175 In this Part: " corporation " has the meaning given by regulation 11.015. " officer ", of a corporation, means: (a) for a corporation that is a company (within the meaning of the Corporations Act 2001)--a director, secretary or executive officer of the corporation; or (b) for a corporation of any other kind--a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.020 References in Part 175 to Annexes 3, 4 and 15 In this Part, a reference to Annex 3, 4 or 15 to the Chicago Convention is a reference to the Annex subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.025 Issue of Manual of Standards for Part 175 (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters: (a) required or permitted by this Part to be prescribed by the Manual of Standards; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part. (2) CASA must give a copy of a notice mentioned in subregulation 11.275(3) or regulation 11.280, about a Manual of Standards for this Part, to each AIS provider and data service provider. Subpart 175.B --Aeronautical information management--AIS providers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.030 Definitions for Subpart 175.B In this Subpart: " accountable manager ", for an AIS provider, means the individual, appointed by the provider, who has the following responsibilities: (a) responsibility for ensuring that the provider's AIS is provided in accordance with the provider's exposition and this Subpart; (b) responsibility for ensuring that the provider is able to finance, and has adequate resources to provide, its AIS in accordance with the provider's exposition and this Subpart; (c) responsibility for the provider's safety management system required by regulation 175.225 and its implementation. " exposition ", for an AIS provider, means: (a) the documents approved by CASA under regulation 175.060 in relation to the provider; or (b) if the documents are changed under regulation 175.070, 175.075 or 175.080--the documents as changed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.035 Provision of AIS--requirement for certificate (1) A person commits an offence if: (a) the person provides an AIS; and (b) the person does not hold a certificate under regulation 175.055 that authorises the person to provide the AIS. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.040 AIS provider certificates--who may apply (1) A person mentioned in subregulation (2) may apply to CASA, in writing, for a certificate authorising the person to provide an AIS. (2) For subregulation (1), the persons are the following: (a) the Commonwealth; (b) AA; (c) a person who proposes to provide the AIS: (i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; (ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995. (3) However, an application cannot be made: (a) by 2 or more persons jointly; or (b) on behalf of a partnership. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.045 AIS provider certificates--requirements for application (1) An application under regulation 175.040 must include the following: (a) the applicant's name (including any operating or trading name), contact details and ABN (if any); (b) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters; (c) if the applicant is a corporation--the name of each of the officers of the corporation; (d) if the applicant is a corporation registered in Australia that has an ACN--its ACN and the address of its registered office; (e) if the applicant is a corporation not registered in Australia--the place it was incorporated or formed; (f) the services that the applicant proposes to provide as part of the AIS; (g) the following information about each service: (i) the location from which the service is proposed to be provided; (ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service is proposed to cover; (iii) the hours during which the service is proposed to be available; (h) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's accountable manager that, if CASA issues the certificate, the applicant will: (i) be capable of operating in accordance with its exposition and this Subpart; and (ii) operate in accordance with its exposition and this Subpart. (2) The application must be accompanied by a copy of the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.050 AIS provider certificates--CASA may ask for demonstration of service, facility or equipment Regulation 11.045 applies in relation to a certificate under regulation 175.055. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.055 AIS provider certificates--issue of certificate (1) Subject to regulation 11.055, CASA must issue a certificate to an applicant if satisfied that: (a) the applicant's proposed exposition complies with regulation 175.200; and (b) the individual named in the applicant's exposition as the applicant's accountable manager: (i) has the authority to carry out the responsibilities of the position; and (ii) has an understanding of this Part and the applicant's exposition; and (c) the applicant is able and willing to conduct the AIS safely and in accordance with its exposition and this Subpart; and (d) if the applicant proposes to provide the AIS in cooperation or by arrangement with another person--the AIS will be provided in accordance with any agreement relating to the cooperation or arrangement. (2) If CASA decides to issue the certificate, CASA must determine: (a) the services that the applicant is authorised to provide as part of the AIS; and (b) the following about each service: (i) the location from which the service is to be provided; (ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service is to cover; (iii) the hours during which the service is to be available. (3) The certificate must include the following: (a) the applicant's name and operational headquarters; (b) the matters mentioned in subregulation (2); (c) a certificate reference number determined by CASA. (4) CASA must issue a new certificate to an AIS provider if CASA: (a) approves a change under subregulation 175.070(4); or (b) directs a change under regulation 175.080 that causes the certificate to contain anything that is not, or is no longer, correct. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.060 AIS provider certificates--approval of exposition If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.065 AIS provider certificates--conditions (1) It is a condition of a certificate issued to an AIS provider that the provider must comply with: (a) this Subpart; and (b) any direction given to the provider, or obligation imposed on the provider, by CASA under a provision of these Regulations. (2) An AIS provider commits an offence if the provider contravenes the condition mentioned in subregulation (1). Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.067 AIS provider certificates--cancellation of certificate if cooperation or arrangement ceases (1) CASA must cancel a certificate under regulation 175.055 held by a person mentioned in subparagraph 175.040(2)(c)(i) if the cooperation mentioned in that subparagraph ceases. (2) CASA must cancel a certificate under regulation 175.055 held by a person mentioned in subparagraph 175.040(2)(c)(ii) if the arrangement mentioned in that subparagraph ceases. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.070 AIS providers--changes to services--matters included in certificate (1) An AIS provider must not make a change to the services that it provides as part of its AIS unless the change has been approved by CASA. (2) An AIS provider must not make a change to any of the following about a service that it provides as part of its AIS unless the change has been approved by CASA: (a) the location from which the service is provided; (b) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service covers; (c) the hours during which the service is available. (3) An application for approval of a change must: (a) be in writing; and (b) set out the change; and (c) be accompanied by a copy of the part of the provider's exposition affected by the change, clearly identifying the change. (4) Subject to regulation 11.055, CASA must approve a change for an AIS provider if satisfied that the requirements mentioned in regulation 175.055 will continue to be met. (5) If CASA approves the change, CASA is taken to have also approved the changes to the provider's exposition covered by the application. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.075 AIS providers--other changes An AIS provider must not make a change other than a change mentioned in regulation 175.070 unless the AIS provider has: (a) amended its exposition to reflect the change; and (b) given CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.080 AIS providers--CASA directions relating to exposition (1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to an AIS provider, direct the provider to change its exposition. (2) A notice under this regulation must state the time within which the direction must be complied with. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.085 AIS providers--notifying CASA of changes in circumstances An AIS provider must give CASA written notice of any change of circumstance which significantly affects its ability to provide its AIS within 7 days after the change occurs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.090 AIS providers--provision of AIS must comply with laws (1) The requirements of this Subpart are in addition to requirements that apply to an AIS provider under the following: (a) the civil aviation legislation, other than this Subpart; (b) the Airspace Act 2007; (c) the Airspace Regulations 2007. (2) However, if it is not possible for an AIS provider to comply with both a requirement under legislation mentioned in subregulation (1) and a requirement under this Subpart in relation to a particular matter, the provider is required to comply only with the requirement under the legislation mentioned in subregulation (1) in relation to the matter. (3) If a circumstance mentioned in subregulation (2) arises, the AIS provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.095 AIS providers--compliance with exposition An AIS provider must comply with its exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.100 AIS providers--provision of AIS must comply with standards (1) An AIS provider must provide a service that it provides as part of its AIS in accordance with the standards mentioned in the following that apply to the service: (a) the Part 175 Manual of Standards; (b) Annexes 4 and 15 to the Chicago Convention; (c) if PANS-AIM is in force--that document; (d) ICAO Documents 8126 and 8697; (e) the other AIS applicable ICAO documents; (f) the aeronautical data processing standards. (2) However, if 2 standards mentioned in different documents mentioned in subregulation (1) apply in relation to a particular matter, and it is not possible for the provider to comply with both standards in relation to the matter, then the provider is required to comply only with the standard mentioned in the document that is first mentioned in subregulation (1) in relation to the matter. (3) If a circumstance mentioned in subregulation (2) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.105 AIS providers--standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts (1) An AIS provider must publish aeronautical data and aeronautical information as an Integrated Aeronautical Information Package or on aeronautical charts. (2) The data and information must be developed from data that complies with the standards for data accuracy and integrity mentioned in Annexes 11 and 14 to the Chicago Convention. (3) The format and quality of the data and information must be suitable for the intended end use of the data and information. (4) The data and information must be published in accordance with the standards mentioned in the following: (a) the Part 175 Manual of Standards; (b) Annexes 4 and 15 to the Chicago Convention; (c) if PANS-AIM is in force--that document; (d) ICAO Documents 8126 and 8697; (e) the other AIS applicable ICAO documents. (5) However, if 2 standards mentioned in different documents mentioned in subregulation (4) apply in relation to a particular matter, and it is not possible for the provider to comply with both standards in relation to the matter, then the provider is required to comply only with the standard mentioned in the document that is first mentioned in subregulation (4) in relation to the matter. (6) If a circumstance mentioned in subregulation (5) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance. (7) An aeronautical chart published by the provider must: (a) be a chart of a type mentioned in Annex 4 to the Chicago Convention; and (b) contain the aeronautical data and aeronautical information required for the function of a chart of that type as mentioned in Annex 4 to the Chicago Convention. AIS provided in cooperation or arrangement with AA (8) If an AIS provider is providing its AIS in cooperation, or by arrangement, with AA, AA must ensure that subregulation (1) is complied with. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.110 AIS providers--standards for aeronautical data processing system (1) An AIS provider must: (a) have an automated system for the processing of aeronautical data and aeronautical information as part of providing its AIS; and (b) update the data in the system as necessary; and (c) ensure that the system: (i) allows the digital exchange and supply of aeronautical data and aeronautical information; and (ii) can provide the data and information in a format suitable for its intended use; and (d) ensure that the format and standards for the exchange and supply of aeronautical data and aeronautical information comply with the following: (i) Annexes 4 and 15 to the Chicago Convention; (ii) if PANS-AIM is in force--that document; (iii) ICAO Documents 8126 and 8697; (iv) the other AIS applicable ICAO documents; and (e) ensure that aeronautical data and aeronautical information is exchanged and supplied as required by the following: (i) Annexes 4 and 15 to the Chicago Convention; (ii) if PANS-AIM is in force--that document; (iii) ICAO Documents 8126 and 8697; (iv) the other AIS applicable ICAO documents. (2) However, if 2 documents mentioned in paragraph (1)(d) apply in relation to a particular matter, and it is not possible for the provider to comply with both documents in relation to the matter, then the provider is required to comply only with the document that is first mentioned in paragraph (1)(d) in relation to the matter. (3) Also, if 2 documents mentioned in paragraph (1)(e) apply in relation to a particular matter, and it is not possible for the provider to comply with both documents in relation to the matter, then the provider is required to comply only with the document that is first mentioned in paragraph (1)(e) in relation to the matter. (4) If a circumstance mentioned in subregulation (2) or (3) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.115 AIS providers--contravention of exposition or standards (1) An AIS provider may contravene regulation 175.095, 175.100, 175.105 or 175.110 if the contravention is necessary in the interests of aviation safety. (2) The provider must, as soon as practicable after the contravention occurs, give CASA written notice of the contravention, including an estimate of how long the contravention will last. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.120 AIS providers--NOTAM service If an AIS provider provides a NOTAM service, the provider must ensure that the service: (a) operates 24 hours a day, every day of the year; and (b) issues a NOTAM in the following circumstances: (i) the circumstances mentioned in Annex 15 to the Chicago Convention; (ii) when required by Australian law; (iii) when it is necessary in the interests of aviation safety; and (c) has agreements with international NOTAM offices for the exchange of NOTAMS; and (d) is connected to the aeronautical fixed service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.125 AIS providers--briefing service If an AIS provider provides a briefing service, the provider must ensure that the service: (a) is an automated pre-flight information service; and (b) operates 24 hours a day, every day of the year; and (c) allows self-briefing by flight crew members and other operational personnel; and (d) is capable of providing flight crew members and other operational personnel with: (i) aeronautical data and aeronautical information to enable pre-flight planning of flights; and (ii) pre-flight information bulletins, within the meaning of Annex 15 to the Chicago Convention; and (iii) NOTAMS that are relevant to a proposed flight; and (iv) meteorological information that is relevant to a proposed flight; and (e) allows flight crew members or other operational personnel to enter a flight plan; and (f) provides information that assists in the provision of a flight information service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.130 AIS providers--post-flight information service If an AIS provider provides a post-flight information service, the provider must ensure that the service: (a) is capable of receiving reports by flight crew members on: (i) the state and operation of air navigation facilities and services; and (ii) the presence of birds and other wildlife that may affect aircraft operations; and (b) disseminates the information received in a format and timeframe appropriate to the operational significance of the information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.135 AIS providers--CASA directions about NOTAMS for a location (1) CASA may, by written notice given to an AIS provider, direct the provider to do the following: (a) allow NOTAMS to be published that relate only to a particular location; (b) publish NOTAMS: (i) that relate only to the location; and (ii) that contain details stated in the notice. (2) A notice under this regulation must state the time within which the direction must be complied with. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.140 AIS providers--aerodromes not covered by Part 139--removal of references in AIP (1) This regulation applies if an AIS provider becomes aware of an aeronautical data originator: (a) who is responsible for aeronautical data or aeronautical information about an aerodrome that is not: (i) a certified aerodrome; or (ii) a registered aerodrome; or (iii) an aerodrome to which Subpart 139.D applies; and (b) who has not complied with Subpart 175.D in relation to the aerodrome. (2) The provider must remove any references to the aerodrome that the provider has published in the AIP from the AIP when the AIP is next amended. Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.145 AIS providers--publication of aeronautical charts relating to areas etc. outside authority (1) This regulation applies if an AIS provider publishes an aeronautical chart that includes aeronautical data or aeronautical information that relates to an area, aerodrome, airspace or ATS route not covered by the provider's certificate. (2) This Subpart, other than this regulation, does not apply to the publication of the data or information if the data or information accurately reflects data or information that is published: (a) by another AIS provider under this Subpart; or (b) by an AIS of a foreign country. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.150 AIS providers--CASA directions relating to aeronautical data or aeronautical information (1) This regulation applies in relation to aeronautical data or aeronautical information that an AIS provider publishes: (a) in the Integrated Aeronautical Information Package; or (b) on an aeronautical chart. (2) If satisfied that it is necessary in the interests of aviation safety , CASA may, by written notice given to the provider, direct the AIS provider to do the following: (a) add to, amend, or remove the data or information; (b) give CASA stated information or records relating to any change to the data or information. (3) A notice under this regulation must state the time within which the direction must be complied with. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.155 AIS providers--integrity of aeronautical data and aeronautical information (1) This regulation applies in relation to aeronautical data or aeronautical information that an AIS provider publishes: (a) in the Integrated Aeronautical Information Package; or (b) on an aeronautical chart. (2) The provider must ensure that the integrity of the data or information is maintained during the processing of the data and information by the provider. (3) The provider must ensure that the data or information: (a) is obtained from entities responsible for the data or information; and (b) is kept up-to-date; and (c) is traceable to its origin. (4) The provider must verify that the data or information: (a) has not been altered from the source data while it is in storage or transit or while it is being formatted; and (b) has been checked for accuracy against the source data before publication; and (c) has been published only during the period when the data or information is valid. (5) The provider must verify: (a) that the data or information is complete; and (b) that all of the data or information needed to support the intended use of the data or information has been published. (6) If the data or information was provided to the provider, the provider must verify that the data or information was provided in a format that is suitable for use by the provider. (7) If the data or information is for inclusion in a NOTAM, the provider must verify that the data or information was provided to the provider by a NOTAM authorised person. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.160 AIS providers--giving data product specifications to aeronautical data originators (1) An AIS provider must give a person a written data product specification that complies with subregulation (4) if the person is responsible for aeronautical data or aeronautical information that the provider has published, or will publish: (a) in the Integrated Aeronautical Information Package; or (b) on an aeronautical chart. (2) Subregulation (3) applies if the provider is also responsible for aeronautical data or aeronautical information that the provider has published, or will publish: (a) in the Integrated Aeronautical Information Package; or (b) on an aeronautical chart. (3) The provider must give a written data product specification that complies with subregulation (4) to the area of the provider's organisation responsible for the data or information. (4) For subregulations (1) and (3), the data product specification must include the following: (a) the aeronautical data or aeronautical information for which the person or area is responsible; (b) the standards for the accuracy and resolution of the data or information that the person or area will provide to the provider; (c) the dates by which the data or information must be provided; (d) the format for the data or information; (e) the details of the authenticated electronic means for providing the data or information; (f) the procedures for managing requests for alterations to the data or information; (g) the procedures for giving notice of, and for rectifying, errors and omissions detected in the data or information; (h) the procedures the provider will follow to verify that changes to the data or information have been approved by the person or area; (i) the circumstances (if any) in which the person or area must ask the provider to issue a NOTAM. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.165 AIS providers--revoking data product specifications An AIS provider must, in writing, revoke a data product specification given to a person, or an area of the provider's organisation, under regulation 175.160, if the person or part of the organisation is no longer responsible for the aeronautical data or aeronautical information mentioned in the data product specification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.170 AIS providers--compliance with data product specification An AIS provider must comply with the procedures mentioned in a data product specification given by the provider under regulation 175.160. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.175 AIS providers--correction and notification of errors and omissions in aeronautical data and aeronautical information (1) This regulation applies if an AIS provider becomes aware of an error or omission in aeronautical data or aeronautical information that the provider publishes: (a) in the Integrated Aeronautical Information Package; or (b) on an aeronautical chart. (2) The provider must, as soon as practicable after the provider becomes aware of the error or omission: (a) record and investigate the error or omission; and (b) ensure that the error or omission is corrected by the most appropriate means taking into account the operational significance of the error or omission; and (c) ensure that notice of the corrected aeronautical data or aeronautical information is given to persons who had received the data or information; and (d) identify the root cause of the error or omission; and (e) establish and implement processes to eliminate the root cause of the error or omission. (3) The provider must give CASA written notice of any significant error or omission that may affect the safety of air navigation as soon as practicable after the provider becomes aware of the error or omission. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.180 AIS providers--storage and security of aeronautical data and aeronautical information An AIS provider must ensure that aeronautical data and aeronautical information necessary for the provision of its AIS: (a) is stored digitally; and (b) is kept secure to prevent unauthorised access or alteration. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.185 AIS providers--timing of effective dates and distribution of certain documents and information (1) An AIS provider that publishes any of the following documents or information must ensure that the document or information becomes effective only on an AIRAC effective date: (a) an AIP Amendment; (b) an AIP Supplement; (c) an aeronautical chart; (d) information mentioned in Appendix 4 (Information to be notified by AIRAC) of Annex 15 to the Chicago Convention. (2) The provider must distribute the document or information so that a recipient receives the document or information at least 28 days before the document or information becomes effective. (3) However, if the document or information contains, or is, information mentioned in Part 3 of Appendix 4 (Information to be notified by AIRAC) of Annex 15 to the Chicago Convention, the provider must distribute the document or information so that a recipient receives the document or information at least 56 days before the document or information becomes effective. (4) The provider must ensure that a document or information that becomes effective in accordance with subregulation (1) and is distributed in accordance with subregulation (2) or (3) is identified by the acronym "AIRAC". (5) However, the provider may contravene subregulation (1), (2) or (3) if the contravention is necessary in the interests of aviation safety. (6) If the provider contravenes subregulation (1), (2) or (3), the provider must give CASA written notice of the contravention as soon as practicable after the contravention occurs. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.190 AIS providers--licence agreements with data service providers for supply of data sets (1) An AIS provider must enter into a licence agreement with each data service provider. (2) The licence agreement must cover any of the following that the data service provider requires for its authorised data service activities: (a) aeronautical data and aeronautical information that the AIS provider publishes in the Integrated Aeronautical Information Package; (b) aeronautical charts that the AIS provider publishes. (3) The licence agreement must: (a) require the AIS provider to supply data sets containing the data, information or charts covered by the agreement to the data service provider; and (b) allow the data service provider to use, format and publish the data, information or charts; and (c) include a complete data product specification of the data sets; and (d) detail when the data sets will be supplied to the data service provider; and (e) detail the authenticated electronic means by which the data sets will be supplied to the data service provider; and (f) describe the method of protection to be applied to the data sets to ensure that data is not corrupted during the transfer; and (g) include the method by which requests, by either party, for alterations to the data, information or charts are to be managed; and (h) describe how errors and omissions detected in the data, information or charts are to be notified and rectified. (4) The licence agreement may include charges for the supply of the data sets to the data service provider. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.195 AIS providers--compliance with licence agreement An AIS provider must comply with each licence agreement it has entered into under regulation 175.190. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.200 AIS providers--exposition (1) The exposition of an AIS provider must contain the following: (a) the provider's name (including any operating or trading name), contact details and ABN (if any); (b) the location and address of: (i) the provider's operational headquarters; and (ii) each of the provider's operational facilities; (c) the name of the provider's accountable manager; (d) a description and diagram of the provider's organisational structure showing formal reporting lines; (e) if the provider is a corporation--a description of the provider's corporate structure; (f) for each operational position, including each operational supervisory position, within the organisational structure: (i) a statement of the duties and responsibilities of the position; and (ii) the recent experience requirements for the position (if any); and (iii) the endorsements and qualifications required for the position (if any); and (iv) the currency requirements (if any) for the endorsements or qualifications; (g) a description of how the provider determines the number of operational personnel, including operational supervisory personnel, required to provide its AIS; (h) a list of the services that the provider provides as part of its AIS; (i) the following information about each service: (i) the location from which the service is provided; (ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service covers; (iii) the hours during which the service is available; (j) a description of the procedures that ensure that each service is provided in accordance with this Subpart; (k) a description and an example of the format used for the publication of the Integrated Aeronautical Information Package and aeronautical charts published by the provider; (l) a description of the format for the digital exchange or supply of aeronautical data; (m) a description of the arrangements that ensure that the AIS provider receives, on a daily basis, the aeronautical data and aeronautical information necessary for providing its AIS; (n) a description of the arrangements that ensure that the provider is able to continue to provide its AIS to persons who reasonably require the service; (o) a copy of each agreement (if any) entered into by the provider to provide its AIS in cooperation or by arrangement with another person; (p) a copy of: (i) each data product specification given by the provider under regulation 175.160; and (ii) each licence agreement entered into by the provider under regulation 175.190; (q) a copy of any data product specification the provider has in relation to any aeronautical data it supplies or receives as part of its AIS; (r) a copy of the provider's data, personnel and physical security program; (s) a description of the processes and documents used to present to personnel the relevant standards, rules and procedures mentioned in the following: (i) the Part 175 Manual of Standards; (ii) Annexes 4 and 15 to the Chicago Convention; (iii) if PANS-AIM is in force--that document; (iv) ICAO Documents 8126 and 8697; (v) the other AIS applicable ICAO documents; (vi) the aeronautical data processing standards; (vii) the provider's instructions for the provision of its AIS (if any) that relate to particular operational facilities; (t) details of any recommended practices mentioned in the following documents that the provider does not follow: (i) Annexes 4 and 15 to the Chicago Convention; (ii) if PANS-AIM is in force--that document; (iii) ICAO Documents 8126 and 8697; (iv) the other AIS applicable ICAO documents; (v) the aeronautical data processing standards; (u) a copy of each document that contains operational instructions for personnel; (v) a description of the procedures that ensure all operational personnel are familiar with any operational changes that have occurred since they last performed operational duties; (w) a description of the provider's training and checking system, as required by regulation 175.220; (x) a description of the provider's safety management system, as required by regulation 175.225; (y) a description of the provider's quality management system, as required by regulation 175.230; (z) a copy of the provider's contingency plan, as required by regulation 175.240; (za) a description of the provider's record keeping procedures, as required by regulation 175.255; (zb) a description of the procedures used in commissioning new facilities, equipment and services; (zc) a description of the procedures that ensure that all equipment, including software, is operated in accordance with the manufacturer's operating instructions and manuals; (zd) a description of the procedures for making changes. (2) The provider must: (a) keep the exposition in a readily accessible form; and (b) ensure that operational personnel and CASA have ready access to the exposition; and (c) keep the exposition up-to-date. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.205 AIS providers--organisational structure An AIS provider must have an appropriate organisation with a sound and effective management structure that enables the provider to provide its AIS in accordance with its exposition and this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.210 AIS providers--personnel--general An AIS provider must have enough suitably competent, qualified and trained personnel to: (a) enable the provider to provide its AIS in accordance with its exposition and this Subpart; and (b) supervise the provision of each service it provides as part of its AIS. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.215 AIS providers--personnel--accountable manager An AIS provider must have an accountable manager. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.220 AIS providers--personnel--training and checking system for operational personnel (1) An AIS provider must have a training and checking system that ensures that the provider's operational personnel maintain their competence and are provided with ongoing training appropriate to their duties. (2) Without limiting subregulation (1), the training and checking system must ensure that each person who is a member of the provider's operational personnel: (a) is trained and proven to be proficient in the performance of the person's duties; and (b) meets the recent experience requirements (if any) under the provider's exposition for the person's position; and (c) holds each endorsement or qualification (if any) that is required under the provider's exposition for the person's position; and (d) meets the currency requirements (if any) under the provider's exposition for the endorsements and qualifications. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.225 AIS providers--safety management system (1) An AIS provider must have a safety management system that: (a) is a systemic approach to managing safety; and (b) integrates human factors principles; and (c) includes the matters mentioned in subregulation (2). (2) For paragraph (1)(c), the matters are the following: (a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way; (b) a statement of the provider's safety policy, objectives and planning, including details of the following: (i) the management commitment to, and responsibility for, safety; (ii) the safety accountabilities of managers; (iii) the appointment of safety management personnel; (iv) how human factors principles are integrated into the safety management system; (v) a safety management system implementation plan; (vi) relevant third party relationships and interactions; (vii) coordination of an emergency response plan; (viii) safety management system documentation; (c) a safety risk management process, including: (i) hazard identification processes; and (ii) risk assessment and mitigation processes; (d) a safety assurance system, including details of processes for: (i) safety performance monitoring and measurement; and (ii) internal safety investigation; and (iii) management of change; and (iv) continuous improvement of the safety management system; (e) a safety training and promotion system, including details of the following: (i) safety management system training and education; (ii) safety management system safety communication. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.230 AIS providers--quality management system An AIS provider must have a quality management system that: (a) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time, that are relevant to the provision of AIS; and (b) includes quality management procedures that address the quality management requirements mentioned in the aeronautical data processing standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.235 AIS providers--facilities, equipment, data and information (1) An AIS provider must have the facilities and equipment that are necessary for providing its AIS, including appropriate premises and equipment to allow operational personnel to perform their duties. (2) An AIS provider must provide its operational personnel with access to the aeronautical data and aeronautical information required for the publication of the Integrated Aeronautical Information Package, or the aeronautical charts, that the provider publishes. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.240 AIS providers--contingency plan (1) An AIS provider must have a contingency plan that sets out the procedures to be followed if a service provided as part of its AIS is interrupted. (2) The contingency plan must include: (a) the actions to be taken by personnel responsible for providing the service; and (b) possible alternative arrangements for providing the service; and (c) arrangements for resuming normal provision of the service. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.245 AIS providers--reference materials (1) An AIS provider must have up-to-date copies of the following reference materials in a readily accessible form: (a) the civil aviation legislation relevant to the provision of its AIS; (b) Annexes 4, 11, 14 and 15 to the Chicago Convention; (c) if PANS-AIM is in force--that document; (d) ICAO Documents 8126 and 8697; (e) the other AIS applicable ICAO documents; (f) the aeronautical data processing standards; (g) any instructions issued by the provider to its personnel in relation to the provision of its AIS; (h) manuals for equipment used by personnel in the provision of its AIS. (2) The provider must ensure that operational personnel have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.250 AIS providers--annual review by accountable manager An AIS provider must ensure that its accountable manager: (a) conducts an annual review of the provider against the requirements of its exposition and this Subpart; and (b) addresses any deficiencies that are identified during the review; and (c) gives CASA a report of the annual review, including: (i) any significant deficiencies identified since any previous annual review; and (ii) how the deficiencies are to be addressed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.255 AIS providers--records (1) An AIS provider must have procedures for making, collecting, indexing, storing, securing, maintaining, accessing and disposing of the following: (a) records that identify all incoming and outgoing aeronautical data and aeronautical information; (b) records that identify each person who is authorised by the provider to process, check, edit, publish or supply aeronautical data and aeronautical information; (c) records that list the endorsements, qualifications and competencies of personnel who process, check, edit, publish or supply aeronautical data and aeronautical information; (d) records that identify each AIP responsible person for an aeronautical data originator that provides aeronautical data or aeronautical information to the provider; (e) records that identify each NOTAM authorised person for an aeronautical data originator that requests the provider to issue NOTAMS; (f) records that identify each occurrence of an error or omission in aeronautical data or aeronautical information published by the provider in the Integrated Aeronautical Information Package or on an aeronautical chart; (g) records that contain the results of any audit or review of the provider's AIS. (2) The provider must ensure that a record mentioned in subregulation (1) is legible and permanent. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.260 AIS providers--retention period for aeronautical data, aeronautical information and records Aeronautical data and information (1) Subregulation (2) applies if aeronautical data or aeronautical information necessary for the provision of an AIS provider's AIS: (a) has been published by the provider; and (b) has become effective; and (c) is not a Commonwealth record within the meaning of the Archives Act 1983. (2) The provider must keep the data or information for at least 7 years after the data or information ceases to be effective. Records (3) Subregulation (4) applies if a record mentioned in subregulation 175.255(1) is not a Commonwealth record within the meaning of the Archives Act 1983. (4) The provider must keep the record: (a) if the record relates to aeronautical data or aeronautical information mentioned in subregulation (1)--for as long as the data or information is required to be kept; or (b) otherwise--for at least 7 years after the record is made. Subpart 175.C --Aeronautical information management--data service providers CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.265 Definitions for Subpart 175.C In this Subpart: " accountable manager ", for a data service provider, means the individual, appointed by the provider, who has the following responsibilities: (a) responsibility for ensuring that the provider's authorised data service activities are conducted in accordance with its exposition and this Subpart; (b) responsibility for ensuring that the provider is able to finance, and has adequate resources to conduct, its authorised data service activities in accordance with its exposition and this Subpart; (c) responsibility for the provider's safety management system required by regulation 175.405 and its implementation. " exposition ", for a data service provider, means: (a) the documents approved by CASA under regulation 175.300 in relation to the provider; or (b) if the documents are changed under regulation 175.310, 175.315 or 175.320--the documents as changed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.270 Conduct of data service activity--requirement for certificate (1) A person commits an offence if: (a) the person conducts a data service activity; and (b) the person does not hold a certificate under regulation 175.295 that authorises the person to conduct the activity. Penalty: 50 penalty units. (2) Subregulation (1) does not apply to an AIS provider publishing aeronautical data, aeronautical information or an aeronautical chart in the course of providing an AIS. (3) Subregulation (1) does not apply to an aerodrome operator publishing one of the following charts, as mentioned in Annex 4 to the Chicago Convention: (a) an Aerodrome Obstacle Chart--ICAO Type A; (b) an Aerodrome Obstacle Chart--ICAO Type B; (c) an Aerodrome Terrain and Obstacle Chart--ICAO (Electronic); (d) a Precision Approach Terrain Chart--ICAO. (4) Subregulation (1) does not apply to a person who supplies navigation equipment or a navigation system containing aeronautical data in a database, if the database has been supplied to the person by a third party for use in the equipment or system. Note: A defendant bears an evidential burden in relation to the matters in subregulations (2), (3) and (4): see subsection 13.3(3) of the Criminal Code. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.275 CASA to publish list of data service providers (1) CASA must publish a list of: (a) data service providers; and (b) the matters mentioned in subregulation 175.295(2) for each of the data service providers. (2) CASA must keep the list up-to-date. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.280 Data service provider certificates--who may apply (1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct a data service activity. (2) However, an application cannot be made: (a) by 2 or more persons jointly; or (b) on behalf of a partnership. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.285 Data service provider certificates--requirements for application (1) An application under regulation 175.280 must include the following: (a) the applicant's name (including any operating or trading name), contact details and ABN (if any); (b) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters; (c) if the applicant is a corporation--the name of each of the officers of the corporation; (d) if the applicant is a corporation registered in Australia that has an ACN--its ACN and the address of its registered office; (e) if the applicant is a corporation not registered in Australia--the place it was incorporated or formed; (f) a description of the data service activities the applicant proposes to conduct; (g) the area of coverage of the aeronautical data, aeronautical information or aeronautical charts covered by the activities; (h) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's accountable manager that, if CASA issues the certificate, the applicant will: (i) be capable of operating in accordance with its exposition and this Subpart; and (ii) operate in accordance with its exposition and this Subpart. (2) The application must be accompanied by a copy of the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.290 Data service provider certificates--CASA may ask for demonstration of service, facility or equipment Regulation 11.045 applies in relation to a certificate under regulation 175.295. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.295 Data service provider certificates--issue of certificate (1) Subject to regulation 11.055, CASA must issue a certificate to an applicant if satisfied that: (a) the applicant's proposed exposition complies with regulation 175.380; and (b) the individual named in the applicant's exposition as the applicant's accountable manager: (i) has the authority to carry out the responsibilities of the position; and (ii) has an understanding of this Part and the applicant's exposition; and (c) the applicant is able and willing to conduct the data service activities mentioned in the application safely and in accordance with its exposition and this Subpart. (2) If CASA decides to issue the certificate, CASA must determine: (a) the data service activities the applicant is authorised to conduct; and (b) the area of coverage of the aeronautical data, aeronautical information or aeronautical charts covered by the activities. (3) The certificate must include the following: (a) the applicant's name and operational headquarters; (b) the matters mentioned in subregulation (2); (c) a certificate reference number determined by CASA. (4) CASA must issue a new certificate to a data service provider if CASA: (a) approves a change under subregulation 175.310(4); or (b) directs a change under regulation 175.320 that causes the certificate to contain anything that is not, or is no longer, correct. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.300 Data service provider certificates--approval of exposition If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant's proposed exposition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.305 Data service provider certificates--conditions (1) It is a condition of a certificate issued to a data service provider that the provider must comply with: (a) this Subpart; and (b) any direction given to the provider, or obligation imposed on the provider, by CASA under a provision of these Regulations. (2) A data service provider commits an offence if the provider contravenes the condition mentioned in subregulation (1). Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.310 Data service providers--changes to authorised data service activities--matters included in certificate (1) A data service provider commits an offence if: (a) the provider makes a change to the provider's authorised data service activities; and (b) the change has not been approved by CASA. Penalty: 50 penalty units. (2) A data service provider commits an offence if: (a) the provider makes a change to the area of coverage for aeronautical data, aeronautical information or an aeronautical chart covered by an authorised data service activity; and (b) the change has not been approved by CASA. Penalty: 50 penalty units. (3) An application for approval of a change must: (a) be in writing; and (b) set out the change; and (c) be accompanied by a copy of the part of the provider's exposition affected by the change, clearly identifying the change. (4) Subject to regulation 11.055, CASA must approve a change for a data service provider if satisfied that the requirements mentioned in regulation 175.295 will continue to be met. (5) If CASA approves the change, CASA is taken to have also approved the changes to the provider's exposition covered by the application. (6) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.315 Data service providers--other changes (1) A data service provider commits an offence if: (a) the provider makes a change other than a change mentioned in regulation 175.310; and (b) the provider did not, before making the change, comply with subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the provider must: (a) amend its exposition to reflect the change; and (b) give CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.320 Data service providers--CASA directions relating to exposition (1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a data service provider, direct the provider to change its exposition. (2) A direction under this regulation must state the time within which the direction must be complied with. (3) The provider commits an offence if the provider does not comply with the direction within the time stated in the direction. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.325 Data service providers--notifying CASA of changes in circumstances (1) A data service provider commits an offence if: (a) a change of circumstance occurs which significantly affects the provider's ability to conduct its authorised data service activities; and (b) the provider does not give CASA written notice of the change of circumstance within 7 days after the change occurs. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.330 Data service providers--notifying CASA of intention to cease activities (1) A data service provider commits an offence if: (a) the provider ceases to conduct an authorised data service activity; and (b) the provider did not, at least 2 months before ceasing to conduct the activity, give CASA written notice of the following: (i) the provider's intention to cease conducting the activity; (ii) the date on which the provider intended to cease conducting the activity. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.335 Data service providers--standards for data service provision (1) A data service provider commits an offence if: (a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and (b) the data or information does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the data or information must be the same as the data or information published in the following: (a) the AIP; (b) an AIP Amendment; (c) an AIP Supplement; (d) a permanent NOTAM; (e) an aeronautical chart published by an AIS provider; (f) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator. (3) A data service provider commits an offence if the provider contravenes a provision of the Part 175 Manual of Standards. Penalty: 50 penalty units. (4) A data service provider commits an offence if: (a) the provider processes aeronautical data or aeronautical information; and (b) the provider does so other than in accordance with the aeronautical data processing standards. Penalty: 50 penalty units. (5) Subregulation (4) does not apply in relation to a particular matter if: (a) 2 standards mentioned in the Part 175 Manual of Standards and the aeronautical data processing standards apply in relation to the matter; and (b) it is not possible for the provider to comply with both standards in relation to the matter. Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code. (6) A data service provider commits an offence if: (a) a circumstance mentioned in subregulation (5) arises; and (b) the provider does not, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.340 Data service providers--compliance with exposition (1) A data service provider commits an offence if the provider contravenes a provision of its exposition. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.345 Data service providers--standards for aeronautical data processing system (1) A data service provider commits an offence if the provider does not meet a requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the requirements are the following: (a) the provider must have an automated system for the processing of aeronautical data and aeronautical information as part of conducting its authorised data service activities; (b) the provider must update the data in the system as necessary. (3) A data service provider commits an offence if: (a) the provider has a system mentioned in paragraph (2)(a); but (b) the system does not: (i) allow the digital exchange and supply of aeronautical data and aeronautical information; or (ii) provide the data and information in a format suitable for its intended use. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.350 Data service providers--CASA directions to amend aeronautical data or aeronautical information (1) If satisfied that it is necessary in the interests of aviation safety , CASA may, by written notice given to a data service provider, direct the provider to add to, amend, or remove any aeronautical data or aeronautical information that the provider publishes or supplies in conducting a data service activity. (2) A direction under this regulation must state the time within which the direction must be complied with. (3) The provider commits an offence if the provider does not comply with the direction within the time stated in the direction. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.355 Data service providers--integrity of aeronautical data and aeronautical information (1) A data service provider commits an offence if: (a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and (b) the provider has not verified the matters mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the matters are the following: (a) that the data or information was not altered from the source data while in storage or transit or while being formatted; (b) that the data or information was checked for accuracy against the source data before publication or supply; (c) that the data or information is complete; (d) that all of the data or information needed to support the intended use of the data or information has been published or supplied. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.360 Data service providers--correction and notification of errors and omissions in aeronautical data and aeronautical information Correction of errors and omissions (1) A data service provider commits an offence if: (a) the provider becomes aware of an error or omission in aeronautical data or aeronautical information that it publishes or supplies in conducting a data service activity; and (b) the provider does not comply with subregulation (2) as soon as practicable after becoming aware of the error or omission. Penalty: 50 penalty units. (2) For paragraph (1)(b), the provider must do the following: (a) record and investigate the error or omission; (b) ensure that the error or omission is corrected by the most appropriate means taking into account the operational significance of the error or omission; (c) ensure that notice of the corrected aeronautical data or aeronautical information is given to persons who had received the data or information; (d) identify the root cause of the error or omission; (e) establish and implement processes to eliminate the root cause of the error or omission. Notifying CASA of errors and omissions (3) A data service provider commits an offence if: (a) the provider becomes aware of an error or omission in aeronautical data or aeronautical information that it publishes or supplies in conducting a data service activity; and (b) the error or omission is a significant error or omission that may affect the safety of air navigation; and (c) the provider does not give CASA written notice of the error or omission as soon as practicable after the provider becomes aware of the error or omission. Penalty: 50 penalty units. Notifying AIS provider of errors and omissions (4) A data service provider commits an offence if: (a) the provider identifies an error or omission in aeronautical data or aeronautical information supplied by an AIS provider; and (b) the provider does not tell the AIS provider of the error or omission as soon as practicable after identifying the error or omission. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.365 Data service providers--storage and security of aeronautical data and aeronautical information (1) A data service provider commits an offence if aeronautical data or aeronautical information necessary for its authorised data service activities: (a) is not stored digitally; or (b) is not kept secure to prevent unauthorised access or alteration. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.370 Data service providers--effective dates and validity of aeronautical data, information and charts (1) A data service provider commits an offence if: (a) the provider publishes or supplies aeronautical data, aeronautical information or an aeronautical chart in conducting a data service activity; and (b) the data, information or chart does not become effective on the same date, or remain valid for the same period, as the corresponding data, information or chart contained in the following: (i) the AIP; (ii) an AIP Amendment; (iii) an AIP Supplement; (iv) a permanent NOTAM; (v) an aeronautical chart published by an AIS provider; (vi) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator. Penalty: 50 penalty units. (2) Subregulation (1) does not apply if: (a) the corresponding data, information or chart was: (i) published by an AIS provider in contravention of subregulation 175.185(1); or (ii) distributed by an AIS provider in contravention of subregulation 175.185(2) or (3); and (b) the data service provider publishes or supplies the data, information or chart by the next effective AIRAC date following the publication or distribution of the corresponding data, information or chart. Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.375 Data service providers--compliance with licence agreement with AIS providers A data service provider commits an offence if the provider contravenes a provision of a licence agreement, mentioned in regulation 175.190, entered into by the provider. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.380 Data service providers--exposition (1) The exposition of a data service provider must contain the following: (a) the provider's name (including any operating or trading name), address, contact details and ABN (if any); (b) the location and address of: (i) the provider's operational headquarters; and (ii) each of the provider's operational facilities; (c) the name of the provider's accountable manager; (d) a description and diagram of the provider's organisational structure showing formal reporting lines; (e) if the provider is a corporation--a description of the provider's corporate structure; (f) for each operational position, including each operational supervisory position, within the organisational structure: (i) a statement of the duties and responsibilities of the position; and (ii) the recent experience requirements for the position (if any); and (iii) the qualifications required for the position (if any); and (iv) the currency requirements (if any) for the qualifications; (g) a description of how the provider determines the number of operational personnel, including operational supervisory personnel, required for the provider's authorised data service activities; (h) a description of the data service activities that the provider conducts; (i) the area of coverage of the aeronautical data, aeronautical information and aeronautical charts covered by the activities; (j) a description of the procedures that ensure that each of the provider's authorised data service activities is provided in accordance with this Subpart; (k) a description and an example of the formats used for the aeronautical data, aeronautical information and aeronautical charts published or supplied by the provider in conducting its authorised data service activities; (l) a description of the format for the digital exchange or supply of aeronautical data; (m) a description of the arrangements that ensure that the provider receives, on a daily basis, the aeronautical data and aeronautical information necessary for conducting the provider's authorised data service activities; (n) a description of the arrangements that ensure that the provider is able to continue to publish or supply aeronautical data or aeronautical information, in conducting its authorised data service activities, to persons who reasonably require the data or information; (o) a copy of any licence agreement mentioned in regulation 175.190 entered into by the provider; (p) a copy of any data product specification in relation to any aeronautical data that the provider receives from an AIS provider; (q) a copy of the provider's data, personnel and physical security program; (r) a description of the processes and documents used to present to personnel the relevant aeronautical data and aeronautical information contained in the following: (i) the AIP; (ii) AIP Amendments; (iii) AIP Supplements; (iv) permanent NOTAM; (v) aeronautical charts; (vi) the provider's instructions for conducting its authorised data service activities that relate to particular operational facilities; (s) a description of the processes and documents used to present to personnel the relevant standards, rules and procedures contained in: (i) the Part 175 Manual of Standards; and (ii) the aeronautical data processing standards; (t) a copy of each document that contains operational instructions for personnel; (u) a description of the procedures that ensure all operational personnel are familiar with any operational changes that have occurred since they last performed operational duties; (v) a description of the provider's training and checking system, as required by regulation 175.400; (w) a description of the provider's safety management system, as required by regulation 175.405; (x) a description of the provider's quality management system, as required by regulation 175.410; (y) a copy of the provider's contingency plan, as required by regulation 175.420; (z) a description of the provider's record keeping procedures, as required by regulation 175.435; (za) a description of the procedures used in commissioning new facilities, equipment and services; (zb) a description of the procedures that ensure that all equipment, including software, is operated in accordance with the manufacturer's operating instructions and manuals; (zc) a description of the procedures for making changes. (2) The provider commits an offence if: (a) the provider does not keep the exposition in a readily accessible form; or (b) operational personnel do not have ready access to the exposition; or (c) CASA does not have ready access to the exposition; or (d) the provider does not keep the exposition up-to-date. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.385 Data service providers--organisational structure A data service provider must have an appropriate organisation with a sound and effective management structure that enables the provider to conduct its authorised data service activities in accordance with its exposition and this Subpart. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.390 Data service providers--personnel--general A data service provider must have enough suitably competent, qualified and trained personnel to: (a) enable the provider to conduct its authorised data service activities in accordance with its exposition and this Subpart; and (b) supervise the conduct of each of its authorised data service activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.395 Data service providers--personnel--accountable manager A data service provider must have an accountable manager. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.400 Data service providers--personnel--training and checking system for operational personnel (1) A data service provider must have a training and checking system that ensures that the provider's operational personnel maintain their competence and are provided with ongoing training appropriate to their duties. (2) Without limiting subregulation (1), the training and checking system must ensure that each person who is a member of the provider's operational personnel: (a) is trained and proven to be proficient in the performance of the person's duties; and (b) meets the recent experience requirements (if any) under the provider's exposition for the person's position; and (c) holds each qualification (if any) that is required under the provider's exposition for the person's position; and (d) meets the currency requirements (if any) under the provider's exposition for the qualifications. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.405 Data service providers--safety management system (1) A data service provider must have a safety management system that: (a) is a systemic approach to managing safety; and (b) integrates human factors principles; and (c) includes the matters mentioned in subregulation (2). (2) For paragraph (1)(c), the matters are the following: (a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way; (b) a statement of the data service provider's safety policy, objectives and planning, including details of the following: (i) the management commitment to, and responsibility for, safety; (ii) the safety accountabilities of managers; (iii) the appointment of safety management personnel; (iv) how human factors principles are integrated into the safety management system; (v) a safety management system implementation plan; (vi) relevant third party relationships and interactions; (vii) coordination of an emergency response plan; (viii) safety management system documentation; (c) a safety risk management process, including: (i) hazard identification processes; and (ii) risk assessment and mitigation processes; (d) a safety assurance system, including details of processes for: (i) safety performance monitoring and measurement; and (ii) internal safety investigation; and (iii) management of change; and (iv) continuous improvement of the safety management system; (e) a safety training and promotion system, including details of the following: (i) safety management system training and education; (ii) safety management system safety communication. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.410 Data service providers--quality management system A data service provider must have a quality management system that: (a) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time, that are relevant to the processing, publication and supply of aeronautical data and aeronautical information for the provider's authorised data service activities; and (b) includes quality management procedures that address the quality management requirements mentioned in the aeronautical data processing standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.415 Data service providers--facilities, equipment, data and information (1) A data service provider must have the facilities and equipment that are necessary for conducting its authorised data service activities, including appropriate premises and equipment to allow operational personnel to perform their duties. (2) A data service provider must provide its operational personnel with access to the aeronautical data and aeronautical information required for conducting its authorised data service activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.420 Data service providers--contingency plan (1) A data service provider must have a contingency plan that sets out the procedures to be followed if an authorised data service activity for the provider is interrupted. (2) The contingency plan must include: (a) the actions to be taken by personnel responsible for conducting the activity; and (b) possible alternative arrangements for conducting the activity; and (c) arrangements for resuming normal conduct of the activity. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.425 Data service providers--reference materials (1) A data service provider must have up-to-date copies of the following reference materials in a readily accessible form: (a) the civil aviation legislation relevant to the conduct of the data service provider's authorised data service activities; (b) the AIP; (c) any AIP Amendments; (d) any AIP Supplements; (e) any permanent NOTAM; (f) any aeronautical charts published by an AIS provider; (g) any aeronautical charts mentioned in subregulation 175.270(3) published by an aerodrome operator; (h) the aeronautical data processing standards; (i) any instructions issued by the provider to its personnel in relation to the conduct of the data service provider's authorised data service activities; (j) manuals for equipment used by personnel in the conduct of the provider's authorised data service activities. (2) The provider must ensure that operational personnel have ready access to the reference materials. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.430 Data service providers--annual review by accountable manager (1) A data service provider commits an offence if the provider's accountable manager contravenes subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the accountable manager must: (a) conduct an annual review of the provider against the requirements of its exposition and this Subpart; and (b) address any deficiencies that are identified during the review; and (c) give CASA a report of the annual review, including: (i) any significant deficiencies identified since any previous annual review; and (ii) how the deficiencies are to be addressed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.435 Data service providers--records (1) A data service provider must have procedures for making, collecting, indexing, storing, securing, maintaining, accessing and disposing of the following: (a) records that identify all incoming and outgoing aeronautical data and aeronautical information; (b) records that identify each person who is authorised by the provider to process, check, edit, publish or supply aeronautical data and aeronautical information; (c) records that list the qualifications and competencies of personnel who process, check, edit, publish or supply aeronautical data and aeronautical information; (d) records that identify each occurrence of an error or omission in: (i) aeronautical data or aeronautical information that the provider receives; or (ii) aeronautical data or aeronautical information that the provider publishes or supplies in conducting a data service activity; (e) records that contain the results of any audit or review of the provider's activities. (2) The provider must ensure that a record mentioned in subregulation (1) is legible and permanent. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.440 Data service providers--retention period for aeronautical data, aeronautical information and records Aeronautical data and information (1) A data service provider commits an offence if: (a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and (b) the provider does not keep a copy of the data or information for at least 7 years after the data or information ceases to be effective. Penalty: 50 penalty units. Records (2) A data service provider commits an offence if the provider does not keep a record mentioned in subregulation 175.435(1): (a) if the record relates to aeronautical data or aeronautical information mentioned in subregulation (1)--for as long as the data or information is required to be kept; or (b) otherwise--for at least 7 years after the record is made. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. Subpart 175.D --Aeronautical information management--aeronautical data originators CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.445 Aeronautical data originators--AIP responsible person and NOTAM authorised persons AIP responsible persons (1) An aeronautical data originator commits an offence if: (a) the originator provides aeronautical data or aeronautical information to an AIS provider; and (b) the originator has not appointed a single senior manager within the originator's organisation as the AIP responsible person for the originator. Penalty: 50 penalty units. (2) An AIP responsible person is responsible for the provision of aeronautical data or aeronautical information, other than in NOTAMS, from the originator to an AIS provider. (3) An aeronautical data originator commits an offence if: (a) the originator appoints a person as the AIP responsible person for the originator; and (b) the person does not have the knowledge and competence to carry out the responsibilities of an AIP responsible person. Penalty: 50 penalty units. NOTAM authorised persons (4) An aeronautical data originator commits an offence if: (a) the originator asks an AIS provider to issue, review or cancel a NOTAM; and (b) the originator has not appointed a person in the originator's organisation as a NOTAM authorised person for the originator. Penalty: 50 penalty units. (5) A NOTAM authorised person is responsible for requesting the issue, review and cancellation of NOTAMS for the originator. (6) An aeronautical data originator commits an offence if: (a) the originator appoints a person as a NOTAM authorised person for the originator; and (b) the person does not have the knowledge and competence to request the issue, review and cancellation of NOTAMS. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.450 Aeronautical data originators--telling AIS provider of AIP responsible person and NOTAM authorised persons (1) An aeronautical data originator commits an offence if: (a) the originator provides aeronautical data or aeronautical information to an AIS provider; and (b) the originator has not told the AIS provider, in writing, of the following: (i) the name of the AIP responsible person for the originator; (ii) the names of the NOTAM authorised persons (if any) for the originator; (iii) any changes (if any) to the persons who occupy the positions mentioned in subparagraphs (i) and (ii) since any previous provision of aeronautical data or aeronautical information to the AIS provider. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.455 Aeronautical data originators--requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS (1) This regulation applies if an aeronautical data originator becomes aware of a change that is needed to aeronautical data or aeronautical information: (a) for which the originator is responsible; and (b) that has been published by an AIS provider: (i) in the Integrated Aeronautical Information Package (other than in NOTAMS); or (ii) on an aeronautical chart. Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a). (2) The originator commits an offence if the originator does not, as soon as practicable after becoming aware of the need for the change, provide the AIS provider with the following: (a) updated aeronautical data or aeronautical information; (b) the date the updated data or information becomes effective. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.460 Aeronautical data originators--requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS (1) This regulation applies if an aeronautical data originator provides aeronautical data or aeronautical information to an AIS provider for publication: (a) in the Integrated Aeronautical Information Package (other than in NOTAMS); or (b) on an aeronautical chart. Requirements for providing data or information (2) The originator must: (a) provide the data or information to the AIS provider in accordance with the requirements of the data product specification given to the originator by the AIS provider, including in relation to the standards for accuracy and resolution and timeframes; and (b) provide the data or information so that the AIS provider can readily identify any changes from existing published data or information; and (c) provide, with the data or information, a statement of any consultation undertaken under subregulation (4); and (d) provide, with the data or information, any consequential changes that need to be made to other aeronautical data or aeronautical information published: (i) in the Integrated Aeronautical Information Package (other than in NOTAMS); or (ii) on aeronautical charts. Note: Compliance with the timeframes specified in the data product specification allows the AIS provider to comply with regulation 175.185. Additional requirement for Bureau of Meteorology (3) If the originator is the Bureau of Meteorology, the originator must provide the data or information in accordance with the standards and format mentioned in Annex 3 to the Chicago Convention. Consultation with aviation organisations about data or information (4) If the data or information will cause an aviation organisation to make plans for changes to the organisation's operations or procedures, the originator must, before providing the data or information to the AIS provider, consult the organisation about the data or information. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.465 Aeronautical data originators--annual review of aeronautical data and aeronautical information (1) An aeronautical data originator commits an offence if the originator contravenes subregulation (2). Penalty: 50 penalty units. (2) For subregulation (1), the originator must: (a) review, at least annually, the aeronautical data and aeronautical information in the Integrated Aeronautical Information Package (other than in NOTAMS), and on aeronautical charts, for which the originator is responsible; and (b) keep a record of a review mentioned in paragraph (a) for at least 3 years; and (c) if CASA requests a copy of a record mentioned in paragraph (b)--comply with the request. Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a). (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.470 Aeronautical data originators--requirements in relation to requests for issue of NOTAMS (1) This regulation applies if: (a) an aeronautical data originator becomes aware that a circumstance exists; and (b) the circumstance is specified in a data product specification given to the originator by an AIS provider as a circumstance that requires the originator to ask the AIS provider to issue a NOTAM. Requesting issue of NOTAM (2) The originator must, as soon as practicable after becoming aware of the circumstance, ask the AIS provider to issue a NOTAM in accordance with the data product specification. Changes to data and information to be readily identifiable (3) If the request for a NOTAM will change any existing published aeronautical data or aeronautical information, the originator must ensure that the change can be readily identified. Data and information to be suitable for publication (4) The originator must ensure that the aeronautical data or aeronautical information included in the request for a NOTAM is suitable for publication in NOTAM format. Consultation with aviation organisations about NOTAM (5) If a NOTAM that the originator asks the AIS provider to issue will cause an aviation organisation to make plans for changes to the organisation's operations or procedures, the originator must, before asking the AIS provider to issue the NOTAM, consult the organisation about the NOTAM. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.475 Aeronautical data originators--responsibilities of Geoscience Australia The Commonwealth of Australia as represented by Geoscience Australia is responsible for: (a) providing AIS providers with magnetic variation updates; and (b) providing AIS providers with terrain, topographic and cultural data, as mentioned in Annexes 4 and 15 to the Chicago Convention, for publication: (i) in the Integrated Aeronautical Information Package; or (ii) on an aeronautical chart. Subpart 175.E --Aeronautical information management--objects and structures that affect aviation safety CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.480 Objects and structures that affect aviation safety--application of Subpart 175.E This Subpart applies to an object or structure: (a) that has a maximum height of at least 100 m above ground level; or (b) that penetrates the obstacle limitation surface of an aerodrome; or (c) that penetrates an obstacle data collection surface, as mentioned in Appendix 8 of Annex 15 to the Chicago Convention; or (d) that is an obstacle that is required to be included on an Aerodrome Obstacle Chart--ICAO Type A, as mentioned in Annex 4 to the Chicago Convention; or (e) that is an obstacle that is required to be included on an Aerodrome Obstacle Chart--ICAO Type B, as mentioned in Annex 4 to the Chicago Convention; or (f) if AA requires data about the object or structure in the interests of aviation safety. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.485 Objects and structures that affect aviation safety--requests for data by AA (1) Under this Subpart, AA may request the following data about an object or structure: (a) the person who owns, controls or operates the object or structure; (b) the name, identification or designation of the object or structure; (c) the type of object or structure, including whether the object or structure is a building, telecommunications tower or wind turbine; (d) the geographic location of the object or structure; (e) the height of the object or structure; (f) the elevation above mean sea level of the object or structure; (g) whether the object or structure is marked; (h) if the object or structure is marked--how it is marked; (i) whether the object or structure is lit; (j) if the object or structure is lit--how it is lit; (k) any other data that is necessary in the interests of aviation safety. (2) A request for data under this Subpart must state the following: (a) the format in which the data must be provided; (b) that the request must be complied with within 28 days after receiving the request. (3) A request for data under this Subpart may state other requirements in relation to the data (for example, the degree of accuracy or resolution of the data). Extension of time for compliance (4) The recipient of a request may, before the end of 28 days after receiving the request, ask AA for an extension. (5) AA may, by written notice given to the recipient, grant the extension. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.490 Objects and structures that affect aviation safety--requests for data from owners etc. (1) AA may, by written notice given to a person who owns, controls or operates an object or structure, request the person to give AA data mentioned in subregulation 175.485(1) about the object or structure. (2) A person commits an offence if: (a) AA gives the person a request under this regulation; and (b) the person does not comply with subregulation (3) or (4). Penalty: 50 penalty units. (3) For paragraph (2)(b), the person must comply with the request within: (a) if AA grants an extension under subregulation 175.485(5)--the time stated in the notice of extension; or (b) if paragraph (a) does not apply--28 days after receiving the request. (4) For paragraph (2)(b), the person must specify the degree of accuracy of the data the person supplies. (5) Subregulation (2) does not apply if: (a) the person does not possess the data requested; and (b) the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data. Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code. (6) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.495 Objects and structures that affect aviation safety--requests for data from aerodrome operators (1) AA may, by written notice given to an aerodrome operator, request the operator to give AA data mentioned in subregulation 175.485(1), that the operator possesses, about an object or structure. (2) An aerodrome operator commits an offence if: (a) AA gives the operator a request under this regulation; and (b) the operator does not comply with the request within: (i) if AA grants an extension under subregulation 175.485(5)--the time stated in the notice of extension; or (ii) if subparagraph (i) does not apply--28 days after receiving the request. Penalty: 50 penalty units. (3) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.500 Objects and structures that affect aviation safety--requests for data from government authorities (1) AA may, by written notice given to a Commonwealth, State, Territory or local government authority, request the authority to give AA data mentioned in subregulation 175.485(1), that the authority possesses, about an object or structure. (2) The authority must comply with the request. Part 200 --Aircraft to which CASR do not apply Table of Contents Subpart 200.B -- Exemption from Regulations 200.001 Hang gliders 200.002 Privately built single-place ultralight aeroplanes 200.003 Gyroplanes having an empty weight not in excess of 250 kilograms 200.004 Two-place gyroplanes and single-place gyroplanes certificated as light sport aircraft 200.005 Parasails and gyrogliders 200.008 Defence Force aircraft operated by civilian flight crew 200.010 Military aircraft undergoing production or acceptance flight testing 200.013 Weight-shift-controlled aeroplanes and powered parachutes 200.014 Certain ultralight aeroplanes Subpart 200.C -- Authorisation to fly 200.020 Authorised flight without certificate of airworthiness 200.025 Flying unregistered aircraft 200.030 Flying unregistered aircraft--offence Subpart 200.B --Exemption from Regulations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.001 Hang gliders (1) A hang glider used: (a) solely in private operations and only for recreational purposes; or (b) for flying training for the issue of a pilot certificate; is exempt from CASR if the conditions in subsection 95.8(4) of the Civil Aviation Orders, as in force from time to time, are complied with. (2) In this regulation: " empty weight ", for a hang glider, means the weight of the hang glider in its airborne configuration, including all fittings and equipment but excluding recovery or personnel parachutes. " hang glider " means a glider, or a powered paraglider, with an empty weight not over 70 kilograms. " powered paraglider " means an aircraft without rigid wings that: (a) is launched by its pilot's feet; and (b) is powered by a power unit worn on its pilot's back. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.002 Privately built single-place ultralight aeroplanes (1) This regulation applies to a privately built single-place aeroplane if it: (a) is registered with the RAA; and (b) has a take-off weight not over 300 kilograms; and (c) for an aeroplane that first became registered with the RAA on or after 1 March 1990: (i) has a wing loading not over 30 kilograms per square metre at maximum all-up weight; and (ii) if it is owned by a person who is not its builder--has been certificated by the RAA as meeting the requirements set out in the RAA Technical Manual. (2) The aeroplane is exempt from CASR if the conditions in section 95.10 of the Civil Aviation Orders, as in force from time to time, are complied with. (3) In this regulation: " RAA " means Recreational Aviation Australia Inc. " RAA Technical Manual " means the manual prepared by RAA and approved by CASA, as in force from time to time, that contains: (a) airworthiness, design and maintenance standards; and (b) aeronautical practices, test procedures and processes. " take-off weight ", for an aeroplane, means the aeroplane's total weight when it starts to taxi before taking-off, including the weight of the pilot and of fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.003 Gyroplanes having an empty weight not in excess of 250 kilograms An aircraft to which Civil Aviation Order 95.12, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.004 Two-place gyroplanes and single-place gyroplanes certificated as light sport aircraft An aircraft to which Civil Aviation Order 95.12.1, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.005 Parasails and gyrogliders (1) A parasail or gyroglider is exempt from CASR if the conditions in subsection 95.14(4) of the Civil Aviation Orders, as in force from time to time, are complied with. (2) In this regulation: " gyroglider " means a non-power-driven heavier-than-air aircraft supported in flight by the reaction of the air on 1 or more rotors that rotate freely on substantially vertical axes. " parasail " means a parachute tethered to a point or vehicle on the ground or to a watercraft and deriving lift chiefly from aerodynamic reactions on flexible surfaces remaining fixed under given conditions of flight. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.008 Defence Force aircraft operated by civilian flight crew (1) This regulation applies to a Defence Force aircraft that is being flown and operated by persons, other than members of the Defence Force, who hold commercial or higher category licences, and that is engaged in: (a) flight testing; or (b) search and rescue; or (c) support of aircraft development and flight test programs; or (d) any other activity authorised by the Defence Force. (2) The aircraft is exempt from CASR if the conditions in subsection 95.20(4) of the Civil Aviation Orders, as in force from time to time, are complied with. (3) In this regulation: " flight testing ," of an aircraft, means flying performed on behalf of the contractor or Defence Force to establish that the aircraft meets all the requirements of the contractor or Defence Force after manufacture or major servicing and inspection. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.010 Military aircraft undergoing production or acceptance flight testing (1) A military aircraft that is undergoing production flight testing or acceptance flight testing is exempt from CAR, and from CASR (other than this regulation), if the conditions (if any) set out in the relevant section of Part 95 of the Civil Aviation Orders (as in force from time to time) are complied with. (2) In this regulation: " acceptance flight testing " of a military aircraft means flight testing on behalf of the Defence Force to find out whether the aircraft meets the Force's requirements. " production flight testing " of a military aircraft means flight testing on behalf of a contractor to find out whether the aircraft meets the contractor's requirements. relevant section of Part 95 of the Civil Aviation Orders , in relation to a military aircraft of a particular type, means the section of that Part that applies to aircraft of that type. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.013 Weight-shift-controlled aeroplanes and powered parachutes An aeroplane to which Civil Aviation Order 95.32, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.014 Certain ultralight aeroplanes An aeroplane to which Civil Aviation Order 95.55, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied. Subpart 200.C --Authorisation to fly CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.020 Authorised flight without certificate of airworthiness For paragraph 20AA(3)(b) of the Act, an Australian aircraft that is exempt from CASR is authorised to fly without a certificate of airworthiness. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.025 Flying unregistered aircraft For paragraph 20AB(1)(a) of the Act, a person is taken to hold a civil aviation authorisation that is in force and authorises the person to perform a duty that is essential to the operation of an unregistered Australian aircraft during flight time if: (a) the person holds a pilot certificate granted by a sport aviation body that administers aviation activities in the aircraft; and (b) the person operates the aircraft in accordance with the sport aviation body's operations manual. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 200.030 Flying unregistered aircraft--offence A person commits an offence if: (a) the person pilots an unregistered Australian aircraft; and (b) a sport aviation body administers aviation activities in the aircraft; and (c) the person does not: (i) hold a pilot certificate granted by the sport aviation body; and (ii) operate the aircraft in accordance with the sport aviation body's operations manual. Penalty: 50 penalty units. Part 201 --Miscellaneous Table of Contents 201.001 Appointment of authorised persons 201.003 Commonwealth and CASA not liable in certain cases 201.004 Review of decisions 201.016 Disclosure of personal information 201.020 Service of documents 201.025 Prescription of matters for definitions in these Regulations CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.001 Appointment of authorised persons (1) CASA may appoint a person, or the persons included in a class of persons, to be an authorised person for CASR or a particular provision of CASR. (2) CASA may appoint a person only if CASA is satisfied that the person has the qualifications and experience to be an authorised person. (3) CASA may appoint a class of persons only if CASA is satisfied that each person included in the class has the qualifications and experience to be an authorised person. (4) An appointment may be made subject to conditions stated in the instrument of appointment. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.003 Commonwealth and CASA not liable in certain cases Neither the Commonwealth nor CASA is liable in negligence or otherwise for any loss or damage incurred by anyone because of, or arising out of, the design, construction, restoration, repair, maintenance or operation of a limited category aircraft or an experimental aircraft, or any act or omission of CASA done or made in good faith in relation to any of those things. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.004 Review of decisions (1) In this regulation: " authorisation ": see regulation 11.015. Decisions made by CASA (2) An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 201.004. Table 201.004 Reviewable decisions Item A decision... 1 under a provision of these Regulations: (a) refusing to grant or issue an authorisation; or (b) cancelling or suspending an authorisation otherwise than on the application of the authorisation-holder; or (c) varying an authorisation otherwise than on the application of the authorisation-holder; or (d) refusing to vary an authorisation 2 under a provision of these Regulations imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation-holder 2A under Subpart 11.D refusing, because of regulation 47.131B, to cancel the registration of an aircraft 3 under Division 11.F.1 or 11.F.2 refusing to grant an exemption 4 under regulation 21.043 refusing to consider an application for a type certificate 5 under regulation 21.855 refusing approval to remove or alter information on a critical part 6 under regulation 21.870 agreeing that it is impractical to mark information on a part 7 under subregulation 39.004(2) or (3) refusing to issue an instrument of approval or exclusion 8 under regulation 39.007 refusing to revoke or amend an Australian airworthiness directive 8A under regulation 42.640 directing that an authorisation issued by a continuing airworthiness management organisation to a pilot licence holder be changed or cancelled 9 under regulation 45.060 refusing approval to place a design, mark or symbol on an aircraft 10 under regulation 45.065 refusing approval to display different markings 10A under regulation 45.070 refusing approval to display different markings, or no markings, for the purposes of an exhibition 10B under regulation 45.100 refusing approval to display different words, or no words, for the purposes of an exhibition 10C under regulation 45.135 refusing approval of a method of displaying aircraft markings 11 under regulation 45.140 refusing approval to attach an aircraft identification plate other than in accordance with regulation 45.125 12A under regulation 47.110 refusing, because of subregulation 47.110(9), to amend the Australian Civil Aircraft Register and give a certificate of registration 13 under regulation 47.132 cancelling the registration of an aircraft 14 under regulation 47.175 assigning fewer dealer's marks to an aircraft dealer than were applied for by the dealer 15 under Subpart 67.B refusing to appoint a person as a DAME or DAO 16 under regulation 67.095 cancelling the appointment of a person as a DAME or DAO 17 under regulation 90.010 refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part 90 18 under regulation 137.040 refusing to approve a standard operations manual 19 under subregulation 137.045(6) refusing to accept: (a) an application for an AOC submitted later than required under subregulation 137.045(1); or (b) a manual or schedule of differences that is submitted later than required under subregulation 137.045(4); or (c) an application for the variation of an AOC submitted later than required under subregulation 137.045(5) 20 under regulation 137.080 refusing to approve a proposed amendment to an operations manual 21 under regulation 137.085 refusing to approve a proposed amendment to a schedule of differences 22 under regulation 137.090 refusing to approve a proposed amendment to a standard operations manual 23 under regulation 139.145 giving a direction 24 under regulation 139.252 designating, or refusing to designate, an aerodrome as an aerodrome to which A-SMGCS applies 25 under Subpart 139.C: (a) refusing to register an aerodrome; or (b) suspending or cancelling the registration of an aerodrome Decisions made by other decision-makers (3) Applications may be made to the Administrative Appeals Tribunal for review of a decision mentioned in subregulation (5) that is made: (a) under a provision of these Regulations; and (b) by a person mentioned in subregulation (4) who may make the decision under the provision. (4) For paragraph (3)(b), the persons are the following: (a) an authorised person; (b) an examiner; (c) an instructor; (d) the holder of an approval under regulation 61.040, 141.035 or 142.040. (5) For subregulation (3), the decisions are the following: (a) a decision refusing to grant or issue an authorisation; (b) a decision varying an authorisation otherwise than on the application of the authorisation-holder; (c) a decision refusing to vary an authorisation; (d) a decision imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation-holder. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of: (a) the making of the decision; and (b) the person's right to have the decision reviewed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.016 Disclosure of personal information (1) CASA may, in the circumstances set out in this regulation, disclose personal information (within the meaning given by the Privacy Act 1988) that is in CASA's possession or under its control. (2) The information is the following about an individual who holds a civil aviation authorisation: (a) the person's name; (b) the person's ARN (if any); (c) the person's address; (d) the person's telephone number; (e) details of each civil aviation authorisation and any medical certificate that the person holds. (3) If it is necessary for the safety of air navigation, CASA may disclose the information mentioned in any paragraph of subregulation (2) to: (a) a person providing an air traffic service (within the meaning given in Part 172) in Australian territory; or (b) a person carrying out search and rescue operations in Australian territory. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.020 Service of documents Despite section 28A of the Acts Interpretation Act 1901, service may be effected on CASA only at its principal office at: 16 Furzer Street Phillip ACT 2606 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.025 Prescription of matters for definitions in these Regulations For subsection 98(5A) of the Act, CASA may issue instruments prescribing matters for definitions in these Regulations relating to matters mentioned in the subsection. Part 202 --Transitional Table of Contents Subpart 202.AB -- Transitional provisions for Part 1 (Preliminary) Subpart 202.AD -- Transitional provisions for Part 11 (Regulatory administrative procedures) 202.010 Continuation of certain existing delegations 202.011 Continuation of exemptions under regulation 308 of CAR 202.011A Continuation of exemptions under subregulation 82(3) of CAR 202.011B Continuation of exemptions under subregulation 235(11) of CAR 202.011C Continuation of exemptions under regulation 92.080 202.011D Continuation of exemptions under regulation 92.155 202.011E Continuation of exemptions under regulation 101.040 202.011F Continuation of exemptions under regulation 139.020 202.011G Renewal, variation and revocation of exemptions 202.012 Consultation on certain Manuals of Standards 202.013 Delegations to persons other than officers Subpart 202.AF -- Transitional provisions for Part 13 (Enforcement) Subpart 202.AJ -- Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts) Division 202.AJ.1 -- Transitional provisions relating to certification of aircraft and aircraft components 202.049A Certain design standards taken to be applicable airworthiness standards for regulation 21.017 202.050 Certificates of type approval 202.051 Certificates of airworthiness 202.052 Export certificate of airworthiness 202.052A Transitional--certificates of approval for design activities Division 202.AJ.2 -- Transitional provisions relating to approvals of designs of modifications and repairs 202.053 Approvals of systems of certification under regulation 34 of CAR 202.054 Approvals of designs of modifications and repairs under regulation 35 of CAR 202.055 Approvals of aircraft components for use as replacements under regulation 36 of CAR 202.056 Use of aircraft material for particular purposes under regulation 36A of CAR 202.058 Approval of changes to flight manuals under regulations 55 and 55A of CAR 202.058A Transitional--approval of damage as permissible unserviceability Division 202.AJ.3 -- Transitional provisions relating to authorised persons 202.059 Authorised persons for regulations Subpart 202.AK -- Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes) 202.060 Approvals under airworthiness instruments in force before 1 July 2009 Subpart 202.AL -- Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category) 202.070 Approvals under airworthiness instruments in force before 1 July 2009 Subpart 202.AN -- Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category) 202.090 Approvals under airworthiness instruments in force before 1 July 2009 Subpart 202.AO -- Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category) Subpart 202.AP -- Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category) Subpart 202.AR -- Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category) Subpart 202.AT -- Transitional provisions for Part 31 (Airworthiness standards for manned free balloons) Subpart 202.AU -- Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes) 202.140 Approvals under airworthiness instruments in force before 1 July 2009 Subpart 202.AV -- Transitional provisions for Part 33 (Airworthiness standards for aircraft engines) Subpart 202.AX -- Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers) Subpart 202.AZ -- Transitional provisions for Part 39 (Airworthiness directives) 202.170 Airworthiness directives 202.171 Application for exemption from, or variation of, requirement of airworthiness directive 202.172 Exemption from requirement of airworthiness directive Subpart 202.BA -- Transitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products) 202.180 Application of Part 42 202.181 Election that Part 42 is to apply to an aircraft 202.183 Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft 202.185 Approved maintenance programs taken to include approved systems of maintenance 202.186 Approved reliability programs taken to include reliability programs included in approved systems of maintenance 202.187 Defects recorded in maintenance releases (regulation 42.355) 202.188 References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i)) 202.191 Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c)) 202.193 Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i)) 202.194 CASA may direct making of applications under regulation 42.585 Subpart 202.BD -- Transitional provisions for Part 45 (Display of nationality and registration marks) Division 202.BD.1--Amendments made by the Civil Aviation Amendment Regulation 2000 (No. 3) 202.200 Australian aircraft marked in accordance with CAR Division 202.BD.2--Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters--2015 Measures No. 1) Regulation 2015 202.205 Approvals--markings on aircraft 202.210 Exemptions--antique, experimental and ex military aircraft 202.215 Directions--aircraft with special configuration 202.220 Directions--identification plates Subpart 202.BF -- Transitional provisions for Part 47 (Registration of aircraft and related matters) Division 202.BF.1--Transitional provisions relating to the commencement of Part 47 202.220 Definitions for Division 202.BF.1 202.221 Continuation of Aircraft Register 202.222 Reference to holder of a certificate of registration 202.223 Registration under CAR to continue 202.224 Pending applications or notices 202.225 Application to register aircraft under Part 47 Division 202.BF.2--Amendments made by the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014 202.226 Definitions for Division 202.BF.2 202.227 Application of regulation 47.131A 202.228 Application of regulation 47.165 Subpart 202.CA -- Transitional provisions for Part 60 (Synthetic training devices) 202.240 Definitions for this Subpart 202.241 Transitional accreditation--flight simulators Subpart 202.CB -- Transitional provisions for Part 61 (Flight crew licensing) Division 202.CB.1 -- Amendments made by regulations commencing 1 September 2014 202.260 Application of Division 202.CB.1--balloons excluded 202.261 Definitions for Division 202.CB.1 202.262 Application of Division 202.CB.1 to student pilot licences 202.263 Continuation of old authorisations 202.264 Continuation of suspended old authorisations 202.265 Non-finalised action to vary, suspend or cancel old authorisations 202.266 Removal of conditions on certain continued authorisations 202.267 Flight review and proficiency check requirements 202.268 Removal of limitation on exercise of privileges of private or commercial pilot licences--multi-crew operations 202.268A Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062 202.269 Personal log books under regulation 5.51 of CAR--certain continued authorisations 202.270 Extended meaning of licence document in Part 61 202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018 202.272 Grant of equivalent new authorisations 202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018 202.274 Non-finalised applications for old authorisations 202.275 Eligibility for ratings--former holders of time-limited authorisations 202.276 Flight review and proficiency check requirements for certain new authorisations 202.277 Personal log books under regulation 5.51 of CAR--certain new authorisations 202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements 202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements 202.277C English competency for certain holders of student pilot licences 202.278 Grant of pilot type ratings on basis of overseas training and assessment 202.279 Instrument proficiency checks partially conducted by foreign-authorised person 202.281 Expiry of Division 202.CB.1 at end of 31 August 2025 Subpart 202.CE -- Transitional provisions for Part 64 (Authorisations for non-licensed personnel) Division 202.CE.1 -- Amendments made by regulations commencing 1 September 2014 202.300 Definitions for Subdivision 202.CE.1.1 202.301 Continuation of old authorisations 202.302 Continuation of suspended old authorisations 202.303 Non-finalised action to vary, suspend or cancel old authorisations 202.304 Grant of aeronautical radio operator certificates 202.305 Non-finalised applications for old authorisations 202.307 Definitions for Subdivision 202.CE.1.2 202.308 Continuation of old authorisations 202.309 Continuation of suspended old authorisations 202.310 Non-finalised action to vary, suspend or cancel old authorisations 202.311 Production of continued authorisation 202.312 Expiry of Division 202.CE.1 at end of 31 August 2018 Subpart 202.CF -- Transitional provisions for Part 65 (Air traffic services licensing) 202.320 Manual of Standards for Part 65 202.321 Persons holding certain licences Subpart 202.CG -- Transitional provisions for Part 66 (Continuing airworthiness--aircraft engineer licences and ratings) 202.340 Having regard to other airworthiness authorities in granting aircraft engineer licences 202.341 Category A licence holders and certification of completion of maintenance 202.342 Category A licence holders and final certificates for completion of maintenance 202.343 Category A licence holders and endorsing maintenance releases 202.345 Transitional arrangements for category B1 and B2 licence holders 202.350 Transitional provision--Part 66 Manual of Standards Subpart 202.CH -- Transitional provisions for Part 67 (Medical) 202.360 Medical certificates issued under Civil Aviation Regulations 1988 202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988 202.362 Actions by Director of Aviation Medicine 202.363 Applications for issue of medical certificates pending on 3 September 2003 Subpart 202.DA -- Transitional provisions for Part 71 (Airspace) Subpart 202.EA -- Transitional provisions for Part 90 (Additional airworthiness requirements) Subpart 202.EB -- Transitional provisions for Part 91 (General operating and flight rules) Subpart 202.EC -- Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air) 202.440 Approval of certain training courses and instructors Subpart 202.FA -- Transitional provisions for Part 101 (Unmanned aircraft and rocket) 202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002 Subpart 202.FC -- Transitional provisions for Part 103 (Sport and recreational aviation operations) Subpart 202.FE -- Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft) Subpart 202.FJ -- Transitional provisions for Part 115 (Operations using sport aviation aircraft for non-recreational activities) Subpart 202.FL -- Transitional provisions for Part 119 (Air operator certification--air transport) Subpart 202.FN -- Transitional provisions for Part 121A (Air transport operations--large aeroplanes) Subpart 202.FO -- Transitional provisions for Part 121B (Air transport operations--small aeroplanes) Subpart 202.FR--Transitional provisions for Part 129 (Foreign air transport operators--certification and operating requirements) Division 202.FR.1--Amendments made by the Civil Aviation Legislation Amendment (Part 129) Regulation 2015 202.600 AOCs authorising charter or regular public transport operations by foreign operators--if in force immediately before 20 April 2016 202.601 AOCs authorising charter or regular public transport operations by foreign operators--if under suspension immediately before 20 April 2016 202.602 Applications by foreign operators for AOCs authorising charter or regular public transport operations--if made but not finally determined before 20 April 2016 202.603 Repeal of Division 202.FR.1 at the start of 20 April 2018 Subpart 202.FT -- Transitional provisions for Part 133 (Air transport and aerial work operations--rotorcraft) Subpart 202.FV -- Transitional provisions for Part 136 (Aerial work operations--other than those covered by Parts 133, 137, 138, 141 and 142) Subpart 202.FW -- Transitional provisions for Part 137 (Aerial agriculture operations--other than rotorcraft) Subpart 202.FX -- Transitional provisions for Part 138 (Search and rescue operations Subpart 202.FY -- Transitional provisions for Part 139 (Aerodromes) 202.700 Definitions for this Subpart 202.701 Aerodrome licences issued under CAR 202.702 Conditions of transitional aerodrome licences 202.703 Duration of transitional aerodrome licences 202.704 Previous aerodrome manuals and standards for aerodromes 202.705 Exemptions Subpart 202.FYH -- Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services) 202.710 Manual of Standards for Subpart 139.H Subpart 202.GA -- Transitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses) Division 202.GA.1 -- Amendments made by regulations commencing 1 September 2014 202.720 Definitions for Division 202.GA.1 202.721 AOCs and approvals under regulation 60.055 held immediately before 1 September 2014 202.722 AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 202.723 Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014 202.724 Application of Part 141 to certain Part 141 operators--references to operations manual 202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems 202.727 Application of Part 141 to certain Part 141 operators--provisions that do not apply 202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes) 202.728 References to standardisation and proficiency checks for instructors for certain Part 141 operators 202.729 Expiry of Division 202.GA.1 at end of 31 August 2017 Subpart 202.GB -- Transitional provisions for Part 142 (Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking) Division 202.GB.1 -- Amendments made by regulations commencing 1 September 2014 202.740 Definitions for Division 202.GB.1 202.741 AOCs authorising flying training--if in force immediately before 1 September 2014 202.742 AOCs authorising flying training--if under suspension immediately before 1 September 2014 202.743 Applications for AOCs authorising flying training--if made but not finally determined before 1 September 2014 202.744 Approvals under regulation 60.055 held immediately before 1 September 2014 202.745 Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 202.746 Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014 202.747 Application of Part 142 to certain Part 142 operators--references to exposition 202.748 Application of Part 142 to certain Part 142 operators with Part 60 quality systems--safety management system and quality assurance management system 202.749 Application of Part 142 to certain Part 142 operators without Part 60 quality systems--safety and quality assurance management systems not required 202.750 Application of Part 142 to certain Part 142 operators--provisions that do not apply 202.751 References to standardisation and proficiency checks for instructors for certain Part 142 operators 202.752 Expiry of Division 202.GB.1 at end of 31 August 2017 Subpart 202.GC -- Transitional provisions for Part 143 (Air traffic services training providers) 202.760 Manual of Standards for Part 143 Subpart 202.GD -- Transitional provisions for Part 144 (Product distribution organisations) Subpart 202.GE -- Transitional provisions for Part 145 (Continuing airworthiness--Part 145 approved maintenance organisations) Division 202.GE.1 -- Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) 202.800 CASA may direct making of applications under regulation 145.025 Division 202.GE.2 -- Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013 202.801 Interpretation for Division 202.GE.2--Part 145 references to maintenance services taken to include references to CAR maintenance activities 202.802 Interpretation for Division 202.GE.2--Part 145 definition of approval rating 202.803 Interpretation for Division 202.GE.2--Part 145 definition of significant change 202.804 Part 145 Manual of Standards--additional matters for CAR maintenance activities 202.805 Applying for approval 202.806 Issuing approval 202.807 Approval certificate 202.808 Privileges for Part 145 organisations 202.809 Approval subject to conditions 202.810 Undertaking CAR maintenance activities Subpart 202.GG -- Transitional provisions for Part 147 (Continuing airworthiness--maintenance training organisations) 202.840 Recognised organisations taken to be maintenance training organisations 202.841 Applications for approval as a recognised organisation made but not finally determined before 27 June 2011 202.842 CASA may direct the making of applications under regulation 147.025 Subpart 202.GI -- Transitional provisions for Part 149 (Recreational aviation administration organisations) Subpart 202.HA -- Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers) 202.880 Manual of Standards for Part 171 Subpart 202.HB -- Transitional provisions for Part 172 (Air traffic service providers) 202.900 Manual of Standards for Part 172 Subpart 202.HC -- Transitional provisions for Part 173 (Instrument flight procedure design) Subpart 202.HD -- Transitional provisions for Part 174 (Aviation meteorological services) Subpart 202.HE--Transitional provisions for Part 175 (Aeronautical information management) Subpart 202.HL -- Transitional provisions for Part 200 (Exemptions) Subpart 202.HM -- Transitional provisions for Part 201 (Miscellaneous) Subpart 202.AB --Transitional provisions for Part 1 (Preliminary) Note: This Subpart heading is reserved for future use. Subpart 202.AD --Transitional provisions for Part 11 (Regulatory administrative procedures) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.010 Continuation of certain existing delegations (1) Despite any amendment of regulation 7 of CAR that has the effect of preventing any delegation under it of a power or function under CASR, a delegation, under that regulation, of such a power or function continues to have effect according to its terms (including any condition imposed on such a delegation). (1A) Despite the repeal of regulation 7 of CAR, a delegation under that regulation of a power or function under CAR, being a delegation that was in force immediately before 27 June 2011, continues to have effect on and after 27 June 2011 according to its terms (including any condition imposed on such a delegation). (2) Despite any repeal of regulation 201.002, a delegation made under that regulation continues to have effect according to its terms (including any condition imposed on such a delegation). (3) A delegation referred to in subregulation (1), (1A) or (2) continues to be subject to any direction given by the Director under subregulation 7(3) of CAR, or subregulation 201.002(3), as the case may be. (4) CASA may revoke a delegation mentioned in this regulation. (5) CASA may impose, vary or remove a condition on a delegation mentioned in this regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011 Continuation of exemptions under regulation 308 of CAR (1) Despite anything in Subpart 11.F, an exemption from compliance with a provision of CASR issued under regulation 308 of CAR continues to have effect according to its terms. (2) Despite the repeal of regulation 308 of CAR, an exemption from compliance with a provision of CAR, being an exemption that was in force under that regulation immediately before 27 June 2011, continues in force, on and after 27 June 2011, according to its terms. (3) If: (a) before 27 June 2011, a person asked CASA for an exemption under regulation 308 of CAR; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. (4) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011A Continuation of exemptions under subregulation 82(3) of CAR (1) Despite the repeal of subregulation 82(3) of CAR, an exemption that was in force under that subregulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person asked CASA for an exemption under subregulation 82(3) of CAR; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011B Continuation of exemptions under subregulation 235(11) of CAR (1) Despite the repeal of subregulation 235(11) of CAR, an exemption that was in force under that subregulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person asked CASA for an exemption under subregulation 235(11) of CAR; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011C Continuation of exemptions under regulation 92.080 (1) Despite the repeal of regulation 92.080, an exclusion that was in force under that regulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person applied for an exclusion under regulation 92.080; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exclusion; the application is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011D Continuation of exemptions under regulation 92.155 (1) Despite the repeal of regulation 92.155, an exclusion that was in force under that regulation immediately before 27 June 2011 has effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person applied for an exclusion under regulation 92.155; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exclusion; the application is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011E Continuation of exemptions under regulation 101.040 (1) Despite the repeal of regulation 101.040, an exemption that was in force under that regulation immediately before 27 June 2011 has effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person asked CASA for an exemption under regulation 101.040; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. (3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011F Continuation of exemptions under regulation 139.020 (1) Despite the repeal of regulation 139.020, an exemption that was in force under that regulation immediately before 27 June 2011, including an exemption that was in force as a result of the application of regulation 202.705, has effect, on and after 27 June 2011, according to its terms. (2) If: (a) before 27 June 2011, a person asked CASA for an exemption under regulation 139.020; and (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1. (3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation. Penalty: 10 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.011G Renewal, variation and revocation of exemptions (1) An exemption or exclusion mentioned in any of regulations 202.011 to 202.011F may be varied or revoked under Subpart 11.F as if it were an exemption granted under Division 11.F.1. (2) For regulation 11.175, an exemption or exclusion that has effect under any of regulations 202.011 to 202.011F is taken to be an exemption previously granted under Division 11.F.1. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.012 Consultation on certain Manuals of Standards (1) In this regulation: " MOS " has the same meaning as in Subpart 11.J. (2) If before this regulation commenced CASA had undertaken consultation on a MOS, being consultation that would have satisfied the requirements of Subpart 11.J if that Subpart had been in force, that Subpart does not require CASA to repeat that consultation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.013 Delegations to persons other than officers Despite the amendment of regulation 11.260 that commenced on 27 June 2011 limiting the Director's power to delegate a power of CASA under these Regulations to a person other than an officer: (a) a delegation to a person other than an officer that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (b) CASA may revoke such a delegation, in whole or in part, as if regulation 11.260 had not been amended. Subpart 202.AF --Transitional provisions for Part 13 (Enforcement) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.030 to 202.049 are reserved for use in this Subpart. Subpart 202.AJ --Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.049A Certain design standards taken to be applicable airworthiness standards for regulation 21.017 (1) A design standard for an aircraft: (a) that was issued under regulation 21 of CAR; and (b) that was in force immediately before 27 June 2011; is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft for regulation 21.017. (2) A design standard for an aircraft component: (a) that was issued under regulation 21A of CAR; and (b) that was in force immediately before 27 June 2011; is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft component for regulation 21.017. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.050 Certificates of type approval (1) A certificate of type approval for an aircraft, or an aircraft engine or a propeller, that was, immediately before 1 October 1998, in force under regulation 22 of CAR 1988 as then in force continues in force on and after that date as if it were a type certificate issued under regulation 21.013A or 21.029. (2) A certificate of type approval for an aircraft that was, immediately before 1 October 1998, in force under regulation 22A of CAR 1988 as then in force continues in force on and after that date as if it were a type acceptance certificate issued under regulation 21.029A. (3) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before 1 October 1998. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.051 Certificates of airworthiness (1) A certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 24 of CAR 1988 as then in force continues in force on and after that date as if it were a certificate of airworthiness issued under regulation 21.176. (2) A certificate of airworthiness continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 October 1998. (3) Subject to Division 7 of Part 4A of CAR 1988, a direction that was, immediately before 1 October 1998, in force under paragraph 25(1)(b) of CAR 1988 as then in force continues in force on and after that date according to its terms. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.052 Export certificate of airworthiness An export certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 28 of CAR 1988 as then in force continues in force on and after that date as if it were an export airworthiness approval issued under regulation 21.324. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.052A Transitional--certificates of approval for design activities (1) Despite the amendment of regulation 30 of CAR on 1 March 2014, a certificate of approval that covers the design of an aircraft, aircraft component or aircraft material and was in force under that regulation immediately before that date: (a) continues in force on and after that date according to its terms; and (b) may be varied, suspended or revoked under regulation 269 of CAR as if regulation 30 of CAR had not been amended. (2) However, the certificate of approval ceases to have effect, to the extent that it covers the design of an aircraft, aircraft component or aircraft material, at the earliest of the following times: (a) if the certificate of approval specifies a day on which it expires, or a period for which it is to remain in force--the end of that day or period; (b) the end of 28 February 2017; (c) if it is revoked under regulation 269 of CAR--when it is revoked. (3) If: (a) before 1 March 2014, an application was made, under regulation 30 of CAR, for a certificate of approval that covers the design of an aircraft, aircraft component or aircraft material; and (b) the application was in accordance with that regulation as in force at the time the application was made; and (c) the application was not finally determined by CASA before that date; Regulation 30 of CAR has effect, on and after that date, in relation to the application as if regulation 30 of CAR had not been amended. (4) If a certificate of approval is granted under regulation 30 of CAR, as in effect under subregulation (3), subregulations (1) and (2) apply to the certificate of approval as if the certificate had been issued under regulation 30 of CAR immediately before 1 March 2014. (5) This regulation expires at the end of 1 March 2017 as if it had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.053 Approvals of systems of certification under regulation 34 of CAR Despite the repeal of regulation 34 of CAR: (a) an approval of a system of certification under that regulation, being an approval that was in force immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and (b) CASA may vary, suspend or revoke the approval as if that regulation had not been repealed. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.054 Approvals of designs of modifications and repairs under regulation 35 of CAR (1) Despite the repeal of regulation 35 and subregulations 47(4) and (7) of CAR: (a) a n approval of a design of a modification or repair that was in force under subregulation 35(2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (b) an authorisation that was in force under subregulation 35(3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (c) subregulations 47(4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 35 of CAR, nor those subregulations, had been repealed; and (d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 35 of CAR had not been repealed. (2) If: (a) before 27 June 2011, an application was made to CASA or an authorised person under regulation 35 of CAR for the approval of the design of a modification or repair; and (b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011; the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.055 Approvals of aircraft components for use as replacements under regulation 36 of CAR (1) Despite the repeal of regulation 36 and subregulations 47(4) and (7) of CAR: (a) a n approval of an aircraft component, or aircraft components included in a type of aircraft component, for use as a replacement that was in force under subregulation 36(2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (b) an authorisation that was in force under subregulation 36(3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (c) subregulations 47(4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 36 of CAR, nor those subregulations, had been repealed; and (d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 36 of CAR had not been repealed. (2) If: (a) before 27 June 2011, an application was made to CASA or an authorised person for an approval under regulation 36 of CAR; and (b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011; the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.056 Use of aircraft material for particular purposes under regulation 36A of CAR (1) Despite the repeal of regulation 36A of CAR: (a) a direction under subregulation 36A(2) of CAR that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and (b) subregulation 36A(3) of CAR, as in force immediately before 27 June 2011, continues to apply to such a direction as if regulation 36A of CAR had not been repealed; and (c) CASA may vary, suspend or revoke such a direction as if regulation 36A of CAR had not been repealed. (2) Despite the repeal of regulation 36A of CAR: (a) an approval of an aircraft material, being an approval that was in force under subregulation 36A(3A) of CAR immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and (b) CASA may vary, suspend or revoke such an approval as if regulation 36A of CAR had not been repealed. (3) If: (a) before 27 June 2011, a person asked CASA or an authorised person to approve the use of aircraft material for a particular purpose under regulation 36A of CAR; and (b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to approve the use of the material; the request is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.058 Approval of changes to flight manuals under regulations 55 and 55A of CAR (1) Despite the repeal of regulation 55 of CAR, an approval of a change to an aircraft's flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given under regulation 21.006A. (2) If: (a) before 27 June 2011, a person asked CASA or an authorised person to approve a change to an aircraft's flight manual under regulation 55 of CAR; and (b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to give the approval; the request is taken, on and after 27 June 2011, to be an application for approval of the change made to CASA or the authorised person under regulation 21.006A. (3) Despite the repeal of regulation 55A of CAR, an approval of a change to an aircraft's flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given by CASA under regulation 21.006A. (4) If: (a) before 27 June 2011, an application was made under regulation 55A of CAR for the approval of a change to an aircraft's flight manual; and (b) the application was not finally determined by CASA immediately before 27 June 2011; the application is taken, on and after 27 June 2011, to be an application for approval of the change under regulation 21.006A. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.058A Approval of damage as permissible unserviceability under regulation 21.007 Despite the amendment of regulation 21.007 by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014, an approval of damage as a permissible unserviceability that was in force immediately before 1 May 2014 continues in force in accordance with its terms. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.059 Authorised persons for regulations 35, 36 and 36A of CAR (1) This regulation applies to a person who was, immediately before 27 June 2011, an authorised person appointed under regulation 6 of CAR for the purposes of regulation 35, 36 or 36A of CAR (as in force before 27 June 2011). (2) CASA is taken to have appointed the person on 27 June 2011 under regulation 201.001 to be an authorised person for regulations 21.006A and 21.009 and the provisions of Subpart 21.M. (3) The appointment is subject to the conditions to which the person's appointment as an authorised person under regulation 6 of CAR was subject to immediately before 27 June 2011. (4) However, the appointment expires: (a) when the person's appointment as an authorised person for regulation 35, 36 or 36A of CAR would have expired; or (b) at the end of 26 June 2013; or (c) when it is revoked; whichever happens first. Subpart 202.AK --Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.060 Approvals under airworthiness instruments in force before 1 July 2009 (1) Despite the amendments of Part 22 taking effect on 1 July 2009: (a) an approval that: (i) was given by CASA under a repealed provision; and (ii) was in effect immediately before 1 July 2009; has effect on and after 1 July 2009 as if those amendments had not been made; and (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety. (2) In this regulation: " repealed provision "means regulation 22.006, 22.007, 22.008 or 22.009 as in force immediately before 1 July 2009.Subpart 202.AL --Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.070 Approvals under airworthiness instruments in force before 1 July 2009 (1) Despite the amendments of Part 23 taking effect on 1 July 2009: (a) an approval that: (i) was given by CASA under a repealed provision; and (ii) was in effect immediately before 1 July 2009; has effect on and after 1 July 2009 as if those amendments had not been made; and (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety. (2) In this regulation: " repealed provision " means regulation 23.007 or 23.008 as in force immediately before 1 July 2009.Subpart 202.AN --Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.090 Approvals under airworthiness instruments in force before 1 July 2009 (1) Despite the amendments of Part 25 taking effect on 1 July 2009: (a) an approval that: (i) was given by CASA under the former regulation 25.006; and (ii) was in effect immediately before 1 July 2009; has effect on and after 1 July 2009 as if those amendments had not been made; and (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety. (2) In this regulation: the former regulation 25.006 means regulation 25.006 as in force immediately before 1 July 2009. Subpart 202.AO --Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.100 to 202.109 are reserved for use in this Subpart. Subpart 202.AP --Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.110 to 202.119 are reserved for use in this Subpart. Subpart 202.AR --Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.120 to 202.129 are reserved for use in this Subpart. Subpart 202.AT --Transitional provisions for Part 31 (Airworthiness standards for manned free balloons) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.130 to 202.139 are reserved for use in this Subpart. Subpart 202.AU --Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.140 Approvals under airworthiness instruments in force before 1 July 2009 (1) Despite the amendments of Part 32 taking effect on 1 July 2009: (a) an approval that: (i) was given by CASA under the former regulation 32.004; and (ii) was in effect immediately before 1 July 2009; has effect on and after 1 July 2009 as if those amendments had not been made; and (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety. (2) In this regulation: the former regulation 32.004 means regulation 32.004 as in force immediately before 1 July 2009. Subpart 202.AV --Transitional provisions for Part 33 (Airworthiness standards for aircraft engines) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.150 to 202.159 are reserved for use in this Subpart. Subpart 202.AX --Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.160 to 202.169 are reserved for use in this Subpart. Subpart 202.AZ --Transitional provisions for Part 39 (Airworthiness directives) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.170 Airworthiness directives If an airworthiness directive issued under regulation 37A of CAR, or such an airworthiness directive as subsequently varied, had effect immediately before 1 January 2000, then, subject to these Regulations, the airworthiness directive, or the airworthiness directive as varied, continues to have effect on and after that day as if it were an airworthiness directive issued by CASA under regulation 39.001. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.171 Application for exemption from, or variation of, requirement of airworthiness directive If an application under regulation 42ZR of CAR for an exemption from, or a variation of, a requirement of an airworthiness directive, in so far as it relates to a particular aircraft, was still pending immediately before 1 January 2000, the application has effect as if it were a written request made by the applicant, on that day, for CASA to exclude, under regulation 39.004, the aircraft from the operation of the airworthiness directive. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.172 Exemption from requirement of airworthiness directive If an exemption from a requirement of an airworthiness directive granted, under regulation 42ZS of CAR, in relation to an aircraft was still in force immediately before 1 January 2000, then, subject to these Regulations, the exemption has effect as if it were an instrument issued under regulation 39.004, on that day, excluding the aircraft from the operation of the airworthiness directive. Subpart 202.BA --Transitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.180 Application of Part 42 (1) Part 42 applies to: (a) a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206(1)(c) of CAR; and (b) a registered aircraft for which an election under regulation 202.181 is in force; and (c) an aeronautical product for an aircraft mentioned in paragraph (a) or (b). (2) Part 42 applies to a Part 145 organisation that is providing maintenance services for: (a) an aircraft mentioned in paragraph (1)(a) or (b); or (b) an aeronautical product for an aircraft mentioned in paragraph (1)(a) or (b). (3) Part 42 applies to an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on an aircraft mentioned in paragraph (1)(a) or (b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.181 Election that Part 42 is to apply to an aircraft (1) This regulation applies to: (a) a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206(1)(a) or (b) of CAR; or (b) a registered large aircraft that is not authorised to operate under an AOC. (2) The registered operator of the aircraft may, by written notice given to CASA, elect that Part 42 is to apply to the aircraft. (3) An election under this regulation must be in the approved form. (4) An election under this regulation is not revocable. (5) However, an election under this regulation for an aircraft ceases to be in force if there is a change of registered operator for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.183 Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft Existing aircraft (1) Subparagraph 42.030(2)(c)(ii) applies to the registered operator of an existing aircraft of a particular type and model on and after the day that is 3 years after the approval day for the operator for that type and model of aircraft. (2) An aircraft of a particular type and model is an existing aircraft for a registered operator if the aircraft is mentioned in the registered operator's AOC on the approval day for the operator for that type and model of aircraft. New aircraft (3) Subparagraph 42.030(2)(c)(ii) applies to the registered operator of a new aircraft of a particular type and model on and after the day after the approval day for the operator for that type and model of aircraft. (4) An aircraft of a particular type and model is a new aircraft for a registered operator if the aircraft was added to the registered operator's AOC after the approval day for the operator for that type and model of aircraft. Approval day (5) In this regulation: " approval day ", for the registered operator of a particular type and model of aircraft, means the day when the operator is approved as a continuing airworthiness management organisation for that type and model of aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.185 Approved maintenance programs taken to include approved systems of maintenance For Part 42, a reference to an approved maintenance program for an aircraft is taken to include an approved system of maintenance for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.186 Approved reliability programs taken to include reliability programs included in approved systems of maintenance For Part 42, a reference to an approved reliability program for an aircraft is taken to include a reliability program included in an approved system of maintenance for the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.187 Defects recorded in maintenance releases (regulation 42.355) (2) For regulation 42.355, if a maintenance release that is in force for an aircraft immediately before Part 42 begins to apply to the aircraft is endorsed with information about a defect in the aircraft, the defect is taken to be recorded in the continuing airworthiness records system for the aircraft. (3) In this regulation: " maintenance release ", for the registered operator of an aircraft, includes another document approved by CASA for use by the operator as an alternative for the purposes of regulation 49 or 50 of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.188 References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i)) For subparagraphs 42.420(5)(a)(i) and (b)(i), a reference to an authorised release certificate is taken to include an authorised release certificate, within the meaning given by subclause 18(1) of Part 2 of the Dictionary, that is issued before 27 June 2013. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.191 Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c)) (1) This regulation applies to an approved maintenance organisation that, before becoming an approved maintenance organisation: (a) was the holder of a certificate of approval that covered maintenance of aircraft or aircraft components; and (b) carried out maintenance on an aircraft. (2) For paragraph 42.745(c), a reference to maintenance certification having been performed for maintenance carried out on an aircraft is taken to include, in relation to maintenance mentioned in paragraph (1)(b), certification of the completion of the maintenance in accordance with regulation 42ZE or 42ZN of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.193 Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i)) (1) This regulation applies to an approved maintenance organisation that, before becoming an approved maintenance organisation: (a) was the holder of a certificate of approval that covered maintenance of aircraft or aircraft components; and (b) carried out maintenance: (i) on an aeronautical product that is an aircraft component; and (ii) in accordance with the approved maintenance data for the component. Note: For the definition of approved maintenance data, see subsection 2(1) of CAR. (2) For subparagraph 42.795(c)(i), a reference to maintenance having been carried out on the product in accordance with Part 42 is taken to include maintenance mentioned in paragraph (1)(b). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.194 CASA may direct making of applications under regulation 42.585 (1) CASA may direct the registered operator of an aircraft of a particular type and model to make an application under regulation 42.585 for approval as a continuing airworthiness management organisation for that type and model of aircraft. (2) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (3) A person to whom a direction is given must comply with the direction within the time specified in the direction. Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 42. Subpart 202.BD --Transitional provisions for Part 45 (Display of nationality and registration marks) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.200 Australian aircraft marked in accordance with CAR Despite Part 45, an Australian aircraft registered before 1 October 2000 need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR (as in force immediately before 1 October 2000). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.205 Approvals--markings on aircraft (1) This regulation applies to an approval that was in force under regulation 45.090 immediately before 4 July 2016. (2) The approval has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.060. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.210 Exemptions--antique, experimental and ex-military aircraft Despite the amendments of these Regulations made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters--2015 Measures No. 1) Regulation 2015, regulation 45.100 (as in force immediately before 4 July 2016) continues to apply to an aircraft covered by paragraphs 45.100(1)(a) and (b) until the aircraft is repainted as if a reference in that regulation to regulations 45.045, 45.050, 45.055, 45.060, 45.065, 45.070, 45.075, 45.080 and 45.085 were a reference to the requirements prescribed by the Part 45 Manual of Standards under regulation 45.050. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.215 Directions--aircraft with special configuration (1) This regulation applies to a written direction that was in force under regulation 45.105 immediately before 4 July 2016. (2) The direction has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.065. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.220 Directions--identification plates (1) This regulation applies to a written direction that was in force under regulation 45.150 immediately before 4 July 2016. (2) The direction has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.140. Subpart 202.BF --Transitional provisions for Part 47 (Registration of aircraft and related matters) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.220 Definitions for Division 202.BF.1 In this Division: " certificate of registration " means a certificate of registration issued under the old Regulations. " eligible person " has the meaning given by regulation 47.010. " old Regulations " means CAR as in force immediately before 15 November 2004. " property interest " has the meaning given by the old Regulations. " registered operator " has the meaning given by regulation 47.100. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.221 Continuation of Aircraft Register (1) For Subpart 47.B, the Aircraft Register mentioned in regulation 8 of the old Regulations (the Aircraft Register) continues in existence under the name Australian Civil Aircraft Register. (2) Entries made in the Aircraft Register under Part 3 of the old Regulations are incorporated in, and form part of, the Australian Civil Aircraft Register. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.222 Reference to holder of a certificate of registration (1) A reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft. (2) A duty imposed on the holder of a certificate of registration of an aircraft is taken to be imposed on the registered operator of the aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.223 Registration under CAR to continue (1) The registration of an aircraft in the Aircraft Register continues as if the old Regulations were still in force until: (a) the day when CASA registers, or refuses to register, the aircraft under Part 47; or (b) CASA cancels the registration. Note: After 15 November 2005, CASA may cancel or suspend the registration of an aircraft if the owner of the aircraft does not reply to a request made under subregulation 202.225(5). (2) However, CASA must not accept an application for a change of any details about an aircraft that are kept in the Aircraft Register, other than an application for: (a) a change of name or address of the holder of the certificate of registration, or a property interest holder, of the aircraft; or (b) the cancellation of the registration of the aircraft. (3) If the registration of an aircraft is suspended under the old Regulations, the suspension continues as if the old Regulations were still in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.224 Pending applications or notices (1) This regulation applies if: (a) before 15 November 2004, a person applied to CASA or sent CASA a notice under Part 3 of the old Regulations; and (b) on or after 15 November 2004, CASA had not decided about the application or acted on the notice. (2) CASA must decide about the application or act on the notice as if the old Regulations were still in force. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.225 Application to register aircraft under Part 47 (1) The owner of an aircraft that is registered in the Aircraft Register may apply to CASA to register the aircraft under Part 47. (2) The application must be made in an approved form and include: (a) the aircraft's registration mark, manufacturer, model and serial number; and (b) the name, address and signature of the owner of the aircraft; and (c) the registered operator's name and postal address, and: (i) if the registered operator is an individual--his or her home address; or (ii) if the registered operator is a corporation--the address of the corporation's registered office; and (d) the name, address and signature of the person who holds the certificate of registration; and (e) the name, address and signature of each person who holds a property interest in the aircraft. (3) If CASA receives an application in accordance with subregulation (2), CASA must register the aircraft. (4) However, CASA may approve an application without 1 or more of the signatures required by paragraph (2)(e), if there is other evidence available to demonstrate that the application is genuine. (5) If, after 15 November 2005, CASA asks an applicant, or the owner of an aircraft, to provide information, or take an action, to complete an application in the approved form, the applicant, or owner, must provide the information, or take the action, within 90 days of CASA making the request. Note: Regulation 47.045 of CASR sets out relevant directions about communicating with CASA. (6) CASA may cancel or suspend the registration of the aircraft if the applicant, or owner of the aircraft, fails to comply with subregulation (5). Note: An explanation of the procedures that apply in relation to a suspension are set out in the advisory circular AC 47-1 which can be viewed at, or downloaded from, CASA's website: www.casa.gov.au. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.226 Definitions for Division 202.BF.2 In this Division: " amending regulation " means the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014. " commencement " means the commencement of the amending regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.227 Application of regulation 47.131A Regulation 47.131A applies if: (a) CASA became aware, before commencement, that a registered operator of an aircraft was not an eligible person, but CASA has not, as at commencement, issued a notice cancelling the registration of the aircraft; or (b) CASA becomes aware, after commencement, that a registered operator of an aircraft is not an eligible person (whether the aircraft is registered before or after commencement). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.228 Application of regulation 47.165 The amendment of regulation 47.165 made by the amending regulation applies in relation to applications under that regulation approved after commencement (whether the application is made before or after commencement). Subpart 202.CA --Transitional provisions for Part 60 (Synthetic training devices) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.240 Definitions for this Subpart In this Subpart: " accreditation ", of a flight simulator, means accreditation of the flight simulator under Part 45 of the Civil Aviation Orders for the purpose of granting an approval of the flight simulator under the old regulations, and includes an accreditation certificate issued for that purpose. " flight simulator qualification " has the meaning given by regulation 60.015. " old regulations " means CAR as in force immediately before 18 September 2003. " transitional accreditation ", of a flight simulator, means accreditation of the flight simulator that is continued in force on and after 18 September 2003 by regulation 202.241 as if it were a flight simulator qualification. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.241 Transitional accreditation--flight simulators (1) The accreditation of a flight simulator that was in force immediately before 18 September 2003 at a level (the old level) specified in column 2 of an item in table 202.241 continues to be in force on and after that day, subject to subregulations (2), (3) and (4), as if it were a flight simulator qualification for the flight simulator at the level (the new level) specified in column 3 of that item. (2) A transitional accreditation remains subject to any conditions to which it was subject immediately before 18 September 2003. (3) A transitional accreditation continues in force until the sooner of the following: (a) the date of expiry of the accreditation; (b) 18 September 2004. (4) However, a transition accreditation ceases if: (a) it is cancelled; or (b) there is a change of operator of the simulator or device; or (c) the simulator or device is deactivated or relocated. Table 202.241 Accreditation and qualification levels Item Old level New level 1 3 B 2 4 C 3 5 D Subpart 202.CB --Transitional provisions for Part 61 (Flight crew licensing) Note: The regulations comprise: (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.260 Application of Division 202.CB.1--balloons excluded This Division does not apply in relation to an old authorisation for a balloon. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.261 Definitions for Division 202.CB.1 In this Division: " amendments " means: (a) the amendments of these Regulations made by: (i) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (ii) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (iii) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014; and (b) the amendments of the following commencing on 1 September 2014: (i) Civil Aviation Order 26.6; (ii) Civil Aviation Order 29.10; (iii) Civil Aviation Order 29.11; (iv) Civil Aviation Order 82.6. " approved course of training ": see regulation 61.010. Certificate IV in Training and Assessment : see regulation 61.010. " cessation time ", for an old authorisation that is continued in force under this Division, means the earliest of the following: (a) when the old authorisation expires or is surrendered or cancelled; (b) when CASA grants a new authorisation to the holder of the old authorisation as a replacement for the old authorisation; (c) the end of 31 August 2018. " continued authorisation " means an old authorisation that is continued in force under subregulation 202.263(1) or subparagraph 202.264(2)(b)(ii). " new authorisation" means a flight crew licence, rating or endorsement granted under Part 61. " old authorisation ": (a) means a civil aviation authorisation to carry out an activity essential to, or associated with, the operation of an aircraft in flight (a flight activity) issued under either of the following before 1 September 2014: (i) Part 5 of CAR; (ii) a relevant CAO; and (b) includes the following: (i) an appointment as an approved person under a relevant CAO for a flight activity; (ii) an approval or certification, including a certification in a personal log book, under CAR or a relevant CAO to carry out a flight activity; (iii) a delegation under CAR to give a permission (however described) to conduct a flight activity. " relevant CAO " means any of the following: (a) a Civil Aviation Order made under Part 5 of CAR; (b) Civil Aviation Order 26.6; (c) Civil Aviation Order 29.10; (d) Civil Aviation Order 29.11; (e) Civil Aviation Order 82.6. " time-limited authorisation ": see regulation 11.015. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.262 Application of Division 202.CB.1 to student pilot licences (1) This Division applies to a student pilot licence issued under Part 5 of CAR only if the holder of the licence passed a general flying progress test under Part 5 of CAR before 1 September 2014. (2) For this Division, the student pilot licence is taken to be equivalent to a recreational pilot licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.263 Continuation of old authorisations (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 is continued in force on and after 1 September 2014 according to its terms. (2) Part 61 applies to the continued authorisation as if it were the equivalent new authorisation. (2A) For subregulation (2), if the old authorisation is an aircraft endorsement for a type of aircraft for which there is no equivalent pilot type rating, the aircraft endorsement is taken to be equivalent to a class rating for the class of aircraft that includes the type of aircraft. (3) The continued authorisation ceases to be in force at its cessation time. (4) Subregulation (3) applies despite Parts 11 and 61. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.264 Continuation of suspended old authorisations (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014. (2) Despite the amendments: (a) the suspension continues according to its terms on and after 1 September 2014; and (b) if the suspension ends before the cessation time for the authorisation: (i) the old authorisation comes back into force at the end of the suspension; and (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and (iii) Part 61 applies to the old authorisation as if it were the equivalent new authorisation; and (iv) the old authorisation ceases to be in force at its cessation time. (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 61. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.265 Non-finalised action to vary, suspend or cancel old authorisations Action to vary, suspend or cancel a person's old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person's continued authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.266 Removal of conditions on certain continued authorisations Pilot licence conditions about airspace (1) Subregulation (2) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations are limited to: (a) flight within 25 nautical miles of the departure aerodrome; or (b) flight within a flight training area; or (c) flight direct between the departure aerodrome and a flight training area. (2) If this subregulation applies, CASA must remove the condition if: (a) the licence holder applies to CASA, in writing, for the removal of the condition; and (b) the licence holder meets the requirements for the grant of a private pilot licence or commercial pilot licence under Part 61. (3) Subregulation (4) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder's personal log book by an instructor before 1 September 2014. (4) If this subregulation applies, CASA must remove the condition if: (a) the licence holder applies to CASA, in writing, for the removal of the condition; and (b) the licence holder meets the requirements for the grant of a controlled airspace endorsement under Part 61. Instrument rating conditions about acting as pilot in command under IFR (5) Subregulation (6) applies to a continued authorisation that is equivalent to an instrument rating if the authorisation is subject to the condition that the holder is not authorised to act as pilot in command under the IFR. (6) If this subregulation applies, CASA must remove the condition, to the extent that it relates to a particular aircraft category or class, if: (a) the holder applies to CASA, in writing, for the removal of the condition; and (b) the holder meets the requirements for the grant, under Part 61, of: (i) an instrument rating; and (ii) an instrument endorsement that would authorise the holder to pilot an aircraft of that category or class under the IFR. Type rating conditions about acting as pilot in command (7) Subregulation (8) applies to a continued authorisation that is equivalent to an aircraft type rating if the authorisation is subject to the condition that the holder must not act as pilot in command of the relevant aircraft type. (8) If this subregulation applies, CASA must remove the condition if: (a) the holder applies to CASA, in writing, for the removal of the condition; and (b) the holder meets the requirements for the grant of the type rating under Part 61. (9) In this regulation: " instructor ": see regulation 61.010. " pilot licence ": see regulation 61.010. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.267 Flight review and proficiency check requirements (1) Subregulation (2) applies to the holder of a continued authorisation at a particular time if: (a) the continued authorisation is equivalent to a private instrument rating; and (b) the holder would have met the flight review requirements for the continued authorisation at that time if the amendments had not been made. (2) Despite Part 61, the holder is taken to meet the flight review requirements for the continued authorisation at that time. (3) Subregulation (4) applies to the holder of a continued authorisation (the first authorisation) at a particular time if: (a) the first authorisation is equivalent to a rating, other than a private instrument rating, for which there are flight review requirements under Part 61; and (b) the holder also holds a continued authorisation (the second authorisation), other than a student pilot licence, that is equivalent to a flight crew licence; and (c) the holder would have met the flight review requirements for the second authorisation at that time if the amendments had not been made. (4) Despite Part 61, the holder is taken to meet the flight review requirements for the first authorisation at that time. (5) Subregulation (6) applies at a particular time if: (a) an old authorisation that is continued in force under this Division was, before the amendments, a time-limited authorisation; and (b) the old authorisation would have remained in force at that time if the amendments had not been made. (6) Despite Part 61, the holder of the old authorisation is taken to meet the proficiency check requirements for the equivalent new authorisation at that time. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.268 Removal of limitation on exercise of privileges of private or commercial pilot licences--multi-crew operations (1) Regulation 61.510 does not apply to the holder of a continued authorisation that is equivalent to a private pilot licence if, before 1 September 2015, the holder conducted a multi-crew operation. (2) Regulation 61.575 does not apply to the holder of a continued authorisation that is equivalent to a commercial pilot licence if, before 1 September 2015, the holder conducted a multi-crew operation. Note: Under regulations 61.510 and 61.575, a licence holder is authorised to exercise the privileges of the licence only if the holder has completed an approved course of training in multi-crew cooperation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.268A Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062 Regulation 61.747 does not apply to the holder of a continued authorisation that is equivalent to a class rating if: (a) the holder held an aircraft endorsement, for an aircraft covered by the class rating, that was in force immediately before 1 September 2014; and (b) the endorsement was for a type of aircraft prescribed in an instrument under regulation 61.062. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.269 Personal log books under regulation 5.51 of CAR--certain continued authorisations (1) This regulation applies to the holder of a continued authorisation that is equivalent to: (a) a flight crew licence; or (b) a certificate of validation for a flight crew licence. (2) Regulation 61.355 (Retention of personal logbooks) applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014. (3) Regulation 61.365 (Production of personal logbooks) applies to the holder as if a reference to the holder's personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.270 Extended meaning of licence document in Part 61 (1) This regulation applies to the holder of a continued authorisation. (2) A reference to a licence document in Part 61 is taken to include a reference to the document issued to the holder by CASA showing the authorisations that were granted to the holder before 1 September 2014 under: (a) Part 5 of CAR; or (b) a relevant CAO. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018 This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.272 Grant of equivalent new authorisations (1) Despite Parts 11 and 61, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of the equivalent new authorisation. (1A) However, the holder of a continued aircraft endorsement is taken to meet the requirements for the grant of the equivalent aircraft class or type rating only if the holder also holds a continued authorisation that is equivalent to a flight crew licence. (2) Unless the continued authorisation is sooner cancelled under these Regulations, CASA must, under the provision of Part 61 that provides for the grant of the authorisation, before 1 September 2018: (a) grant the equivalent new authorisation to the holder; and (b) issue a new licence document to the holder indicating that the holder holds the equivalent new authorisation. (3) If, when CASA grants the new authorisation, the continued authorisation is under suspension, the new authorisation is suspended until the time the suspension of the continued authorisation would, according to its terms, have ended. (4) If, when CASA grants the new authorisation, the continued authorisation is subject to a condition, other than a condition set out in a relevant CAO, the new authorisation must be granted subject to an equivalent condition. Limitation on exercise of privileges of helicopter grade 2 training endorsements (5) Despite subregulation (1), the holder of a grade 2 training endorsement (helicopter) that is granted in accordance with subregulation (2) is authorised to conduct the activities mentioned in column 2 of item 2 of table 61.1235 only if the holder meets the requirements mentioned in column 3 of the item. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018 This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 is if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.274 Non-finalised applications for old authorisations (1) An application for the issue of an old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be an application for the grant of the equivalent new authorisation. (2) For subregulation (1), and despite Parts 11 and 61, if a person met the requirements for the grant of an old authorisation before 1 September 2014, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of the equivalent new authorisation on 1 September 2014. (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.275 Eligibility for ratings--former holders of time-limited authorisations (1) This regulation applies to a person if: (a) before 1 September 2014, the person held an old authorisation that is equivalent to an operational rating (other than a flight examiner rating); and (b) the old authorisation was time-limited; and (c) the old authorisation expired before 1 September 2014. (2) Despite Parts 11 and 61, the person is taken to meet the requirements for the grant of the equivalent operational rating. (3) In this regulation: " operational rating ": see regulation 61.010. (4) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.276 Flight review and proficiency check requirements for certain new authorisations (1) Subregulation (2) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if: (a) the new authorisation has flight review requirements; and (b) the holder would have met the flight review requirements for the equivalent continued authorisation if it were still in force at that time. (2) Despite Part 61, the holder is taken to meet the flight review requirements for the new authorisation at that time. (2A) To avoid doubt, the holder of an aircraft class rating or type rating granted on the basis of regulation 202.272 must meet the flight review requirements for the rating under Part 61. (3) Subregulation (4) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if: (a) the new authorisation has proficiency check requirements; and (b) the new authorisation is equivalent to an old authorisation that was a time-limited authorisation; and (c) the old authorisation would not have expired by that time if the amendments had not been made. (4) Despite Part 61, the holder is taken to meet the proficiency check requirements for the new authorisation at that time. (5) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.277 Personal log books under regulation 5.51 of CAR--certain new authorisations (1) This regulation applies to the holder of: (a) a flight crew licence; or (b) a certificate of validation for a flight crew licence; granted on the basis of regulation 202.272. (2) Regulation 61.355 (Retention of personal logbooks) applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014. (3) Regulation 61.365 (Production of personal logbooks) applies to the holder as if a reference to the holder's personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements (1) An applicant for a private pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.515(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.87(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014. (2) For subregulation (1): (a) CASA may set and conduct a private pilot (helicopter) licence flight test; and (b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014: (i) continues in force; and (ii) may be amended as if that regulation had not been repealed; and (c) regulation 5.93 of CAR, as in force immediately before 1 September 2014, continues in force. (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements (1) An applicant for a commercial pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.580(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.120(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014. (2) For subregulation (1): (a) CASA may set and conduct a commercial pilot (helicopter) licence flight test; and (b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014: (i) continues in force; and (ii) may be amended as if that regulation had not been repealed; and (c) regulation 5.127 of CAR, as in force immediately before 1 September 2014, continues in force. (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.277C English competency for certain holders of student pilot licences (1) Subregulation (2) applies to a person who: (a) held a student pilot licence immediately before 1 September 2014; and (b) had not passed a general flying progress flight test under Part 5 of CAR before that day. (2) The person is taken to have been assessed by CASA as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.278 Grant of pilot type ratings on basis of overseas training and assessment (1) An applicant for a pilot type rating is taken to meet the requirements of subregulation 61.810(3) (Requirements for grant of pilot type ratings) if CASA is satisfied that: (a) the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and (b) the applicant has been assessed, by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as meeting the flight test standard for the grant of the overseas rating; and (c) the training meets the standards specified in the Part 61 Manual of Standards for training for the rating; and (d) the overseas rating is at least equivalent to the rating. (2) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.279 Instrument proficiency checks partially conducted by foreign-authorised person (1) This regulation applies in relation to: (a) an instrument proficiency check mentioned in paragraph 61.650(3)(d) or (e) for the holder of a multi-crew pilot licence; and (b) an instrument proficiency check mentioned in paragraph 61.695(3)(d) or (e) for the holder of an air transport pilot licence; and (c) an instrument proficiency check mentioned in paragraph 6 1.880(3)(e) or (f) for the holder of an instrument rating. (2) The holder is taken to have successfully completed the instrument proficiency check if: (a) a person who is authorised by the national aviation authority of a recognised State to conduct an instrument proficiency check (however named) conducts a check of the holder; and (b) the check meets the authority's flight standards for a proficiency check; and (c) CASA or a flight examiner: (i) assesses the holder against the knowledge standards mentioned in the Part 61 Manual of Standards for the instrument proficiency check; and (ii) is satisfied that the holder meets the knowledge standards; and (iii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check. (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.281 Expiry of Division 202.CB.1 at end of 31 August 2025 This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2025 as if they had been repealed by another regulation. Subpart 202.CE --Transitional provisions for Part 64 (Authorisations for non-licensed personnel) Note: The regulations comprise: (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.300 Definitions for Subdivision 202.CE.1.1 In this Subdivision: " aeronautical radio operator certificate " : see regulation 64.010. " amendments "means the amendments made by: (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014. " cessation time ", for an old authorisation that is continued in force under this Subdivision, means the earliest of the following: (a) when the old authorisation expires or is surrendered or cancelled; (b) when CASA grants a new authorisation to the holder of the old authorisation as a replacement for the old authorisation; (c) the end of 31 August 2018. " continued authorisation " means an old authorisation that is continued in force under subregulation 202.301(1) or subparagraph 202.302(2)(b)(ii). " old authorisation " means: (a) a flight radio operator's licence issued under Part 5 of CAR; or (b) an aircraft radiotelephone operator certificate of proficiency issued under regulation 83A of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.301 Continuation of old authorisations (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 is continued in force on and after 1 September 2014 according to its terms. (2) These Regulations apply to the continued authorisation as if the authorisation were an aeronautical radio operator certificate. (3) The continued authorisation ceases to be in force at its cessation time. (4) Subregulation (3) applies despite Parts 11 and 64. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.302 Continuation of suspended old authorisations (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014. (2) Despite the amendments: (a) the suspension continues according to its terms on and after 1 September 2014; and (b) if the suspension ends before the cessation time for the authorisation: (i) the old authorisation comes back into force at the end of the suspension; and (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and (iii) these Regulations apply to the old authorisation as if it were an aeronautical radio operator certificate; and (iv) the old authorisation ceases to be in force at the cessation time for the authorisation. (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 64. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.303 Non-finalised action to vary, suspend or cancel old authorisations Action to vary, suspend or cancel a person's old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person's continued authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.304 Grant of a eronautical radio operator certificates (1) Despite Parts 11 and 64, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of an aeronautical radio operator certificate. (1A) However, the holder is not taken to have applied for the grant of an aeronautical radio operator certificate if, under regulation 202.272, the holder is taken to have applied for, and met the requirements for, the grant of a flight crew licence under Part 61. (2) Unless the continued authorisation is sooner cancelled under these Regulations, CASA must, under regulation 64.030, before 1 September 2018: (a) grant an aeronautical radio operator certificate to the holder; and (b) issue a new document to the holder, indicating that the holder holds the aeronautical radio operator certificate. (3) If, when CASA grants the new authorisation, the continued authorisation is under suspension, the aeronautical radio operator certificate is suspended until the time the suspension of the continued authorisation would, according to its terms, have ended. (4) If, when CASA grants the new authorisation, the continued authorisation is subject to a condition, the aeronautical radio operator certificate must be granted subject to an equivalent condition. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.305 Non-finalised applications for old authorisations (1) An application for the issue of an old authorisation that, immediately before 1 September 2014, had not been finally decided is taken to be an application for the grant of an aeronautical radio operator certificate. (2) For subregulation (1), and despite Parts 11 and 64, if a person met the requirements for the grant of an old authorisation before 1 September 2014, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of an aeronautical radio operator certificate on 1 September 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.307 Definitions for Subdivision 202.CE.1.2 In this Subdivision: " amendments " means: (a) the amendments of these Regulations made by: (i) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (ii) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (iii) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014; and (b) the amendments of Civil Aviation Order 20.22 commencing on 1 September 2014. " certificate of competency ": see regulation 64.010. " cessation time ", for an old authorisation that is continued in force under this Subdivision, means the earlier of the following: (a) when the old authorisation expires or is surrendered or cancelled; (b) the end of 31 August 2018. " continued authorisation " means an old authorisation that is continued in force under subregulation 202.308(1) or subparagraph 202.309(2)(b)(ii). " old authorisation " means: (a) an approval issued under regulation 229 of CAR entitling a person to taxi an aeroplane; or (b) an approval issued under Civil Aviation Order 20.22 entitling a person to taxi an aircraft. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.308 Continuation of old authorisations (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 continues in force on and after 1 September 2014 according to its terms. (2) These Regulations apply to the continued authorisation as if the authorisation were a certificate of competency. (3) The continued authorisation ceases to be in force at its cessation time. (4) Subregulation (3) applies despite Parts 11 and 64. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.309 Continuation of suspended old authorisations (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014. (2) Despite the amendments: (a) the suspension continues according to its terms on and after 1 September 2014; and (b) if the suspension ends before the cessation time for the authorisation: (i) the old authorisation comes back into force at the end of the suspension; and (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and (iii) these Regulations apply to the old authorisation as if it were a certificate of competency; and (iv) the old authorisation ceases to be in force at the cessation time for the authorisation. (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 64. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.310 Non-finalised action to vary, suspend or cancel old authorisations Action to vary, suspend or cancel a person's old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person's continued authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.311 Production of continued authorisation (1) This regulation applies to the holder of an old authorisation that is continued in force under this Subpart. (2) Regulation 64.060 (Production of certificate of competency) applies to the holder as if a reference to the holder's certificate of competency were a reference to the holder's old authorisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.312 Expiry of Division 202.CE.1 at end of 31 August 2018 This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation. Subpart 202.CF --Transitional provisions for Part 65 (Air traffic services licensing) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.320 Manual of Standards for Part 65 (1) A document called 'Manual of Standards (MOS) - Part 65' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 65.033. (2) The procedures in regulations 65.033A, 65.033B and 65.033C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.321 Persons holding certain licences (1) In this regulation: " old licence " means an air traffic controller licence or a flight service officer licence issued under CAR and in force (or suspended) immediately before 1 May 2003. (2) A person who, immediately before 1 May 2003, held an old licence (including a licence that is suspended) is taken to hold a corresponding licence issued under Part 65. (3) A rating, endorsement or qualification endorsed on an old licence is taken to continue in force for the period during which it would have been in force but for that Part. (4) A licence that a person is taken to hold under subregulation (2), or a rating, endorsement or qualification mentioned in subregulation (3), may be suspended or cancelled as if it had been granted under that Part. (5) An old licence that, immediately before 1 May 2003, was suspended is taken, on and after that day, to continue to be suspended. (6) For the purposes of action against the holder of an old licence mentioned in subregulation (5), the amendments of CAR by regulation 4 of, and Schedule 2 to, the Civil Aviation Amendment Regulations 2002 (No. 2) are to be disregarded. Subpart 202.CG --Transitional provisions for Part 66 (Continuing airworthiness--aircraft engineer licences and ratings) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.340 Having regard to other airworthiness authorities in granting aircraft engineer licences If: (a) a person holds, or has held, an airworthiness authority of the kind mentioned in paragraph 33B(1)(a) of CAR; and (b) CASA grants an aircraft engineer licence to the person; CASA must have regard to the authority in granting the licence. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.341 Category A licence holders and certification of completion of maintenance (1) Despite anything in Part 4A of CAR, a person may certify completion of maintenance if: (a) the person is a category A licence holder; and (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and (c) the person certifies completion of the maintenance: (i) in accordance with regulation 42ZE of CAR; and (ii) on behalf of a holder of a certificate of approval under regulation 30 of CAR. (2) If a person certifies completion of maintenance in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance. (3) A person commits an offence of strict liability if: (a) the person is a category A licence holder; and (b) the person certifies completion of maintenance: (i) in accordance with regulation 42ZE of CAR; and (ii) on behalf of a holder of a certificate of approval under regulation 30 of CAR; and (c) one or more of the following apply: (i) the person did not carry out the maintenance; (ii) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards. Penalty: 50 penalty units. (4) A reference in subregulation (3) to maintenance does not include supervision of maintenance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.342 Category A licence holders and final certificates for completion of maintenance (1) Despite anything in Part 4A of CAR, a person may issue a final certificate for completion of maintenance for an aircraft in relation to maintenance carried out on the aircraft if: (a) the person is a category A licence holder; and (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and (c) he or she issues the final certificate for completion of maintenance: (i) in accordance with Part 4 of Schedule 6 of CAR; and (ii) on behalf of the holder of a certificate of approval under regulation 30 of CAR. (2) If a person issues a final certificate for completion of maintenance in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance. (3) A person commits an offence of strict liability if: (a) the person is a category A licence holder; and (b) the person issues a final certificate for completion of maintenance: (i) in accordance with Part 4 of Schedule 6 of CAR; and (ii) on behalf of the holder of a certificate of approval under regulation 30 of CAR; and (c) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards. Penalty: 50 penalty units. (4) A reference in subregulation (3) to maintenance does not include supervision of maintenance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.343 Category A licence holders and endorsing maintenance releases (1) Despite anything in Part 4A of CAR, a person may endorse a maintenance release for an aircraft for the purposes of regulation 48 of CAR if: (a) the person is a category A licence holder; and (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and (c) the endorsement is on behalf of the holder of a certificate of approval under regulation 30 of CAR. (2) If a person endorses a maintenance release in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance. (3) A person commits an offence of strict liability if: (a) the person is a category A licence holder; and (b) the person endorses a maintenance release on behalf of the holder of a certificate of approval under regulation 30 of CAR; and (c) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards. Penalty: 50 penalty units. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.345 Transitional arrangements for category B1 and B2 licence holders (1) Despite regulation 66.025, CASA may grant a category B1 or B2 licence to a person if the person meets the requirements prescribed by the Part 66 Manual of Standards for the purposes of this subregulation. (2) If CASA grants a licence under this regulation, the licence is taken, for the purposes of the civil aviation legislation, to be a licence granted under regulation 66.025. (3) This regulation is repealed on 3 July 2020. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.350 Transitional provision--Part 66 Manual of Standards (1) This regulation applies to the Part 66 Manual of Standards that was in force under regulation 66.015 immediately before 4 July 2016. (2) The Part 66 Manual of Standards has effect, after that day, as if it had been made under regulation 66.015 as amended by the Civil Aviation Legislation Amendment (Part 66) Regulation 2015. (3) This regulation is repealed on 1 January 2017. Subpart 202.CH --Transitional provisions for Part 67 (Medical) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.360 Medical certificates issued under Civil Aviation Regulations 1988 (1) A medical certificate or special medical certificate issued before 3 September 2003, under Part 6 of CAR, as in force at any time before that day, continues to have, on and after that day, the same force and effect as it would have had if that Part had continued in force. (2) Such a certificate may be suspended or cancelled under Part 67. (3) Subject to subregulation (4), such a certificate expires at the time it would have expired if Part 6 of CAR had continued in force. (4) The period during which such a certificate is in force may be extended under Part 67, but not beyond the end of 1 year after the day when the certificate would expire if the period had not been extended. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988 (1) The appointment of a person, before 3 September 2003, as a designated aviation medical examiner continues to have effect according to its terms. (2) Such an appointment may be cancelled in accordance with Part 67. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.362 Actions by Director of Aviation Medicine (1) In this regulation: " Principal Medical Officer " means the officer of CASA occupying, or performing the duties of, the position in CASA of that title, and includes a person who occupied, or performed the duties of, the former position in CASA known as 'Director of Aviation Medicine'. (2) An approval given by the Principal Medical Officer, before 3 September 2003, for the purposes of a provision of Schedule 1 to CAR, as in force at any time before that day, continues to have effect according to its terms, on and after that day, as if CASA had given the approval for the purposes of the corresponding provision of table 67.150, table 67.155 or table 67.160. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.363 Applications for issue of medical certificates pending on 3 September 2003 (1) This regulation applies if: (a) an application under Part 6 of the old regulations for the issue of a medical certificate was pending immediately before 3 September 2003; and (b) the application was in accordance with that Part as then in force. (2) The application is taken, for these Regulations, to be an application for the issue of the medical certificate, made, on 3 September 2003, in accordance with Subpart 67.C. (3) If an examination required for the issue of the medical certificate under Part 6 of the old regulations had commenced but was not completed before 3 September 2003, the examination is taken to have commenced under Subpart 67.C. (4) In this regulation: " old regulations "means CAR as in force at any time before 3 September 2003. Subpart 202.DA --Transitional provisions for Part 71 (Airspace) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.380 to 202.399 are reserved for use in this Subpart. Subpart 202.EA --Transitional provisions for Part 90 (Additional airworthiness requirements) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.400 to 202.419 are reserved for use in this Subpart. Subpart 202.EB --Transitional provisions for Part 91 (General operating and flight rules) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.420 to 202.439 are reserved for use in this Subpart. Subpart 202.EC --Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.440 Approval of certain training courses and instructors (1) Subregulations (2) and (3) have effect if the Governor-General has made regulations that will amend CASR to require the approval of: (a) courses of training in relation to dangerous goods; and (b) instructors to give such courses; and those regulations have been registered but have not come into force. (2) CASA may approve such a course of training, or such an instructor, for the purposes of CASR as so to be amended. (3) Such an approval may be expressed to be for the purposes of a provision of CASR as so to be amended. (4) Such an approval given before the amending regulations come into force is not, after those regulations come into force, ineffective only because it was given before those regulations came into force. Subpart 202.FA --Transitional provisions for Part 101 (Unmanned aircraft and rockets) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002 (1) Despite the amendment of CAR by Schedule 2 to the Civil Aviation Amendment Regulations 2001 (No. 4), and despite any repeal of regulation 4 of those Regulations, an authorisation given under regulation 137 of CAR, or a permission given under regulation 259, 260 or 295 of CAR, before 1 July 2002 continues to have effect according to its terms. (2) Such an authorisation or permission may be amended or revoked as if it were an approval given under Part 101. (3) Despite any repeal of regulation 4 of the Civil Aviation Amendment Regulations 2001 (No. 4), an approval given by CASA, before 1 July 2002, of an area as an area for the operation or launching of unmanned aircraft or rockets continues to have effect according to its terms. (4) An approval referred to in subregulation (3) may be revoked or amended as if it had been given under Part 101. Subpart 202.FC --Transitional provisions for Part 103 (Sport and recreational aviation operations) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.480 to 202.499 are reserved for use in this Subpart. Subpart 202.FE --Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.500 to 202.519 are reserved for use in this Subpart. Subpart 202.FJ --Transitional provisions for Part 115 (Operations using sport aviation aircraft for non-recreational activities) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.520 to 202.539 are reserved for use in this Subpart. Subpart 202.FL --Transitional provisions for Part 119 (Air operator certification--air transport) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.540 to 202.559 are reserved for use in this Subpart. Subpart 202.FN --Transitional provisions for Part 121A (Air transport operations--large aeroplanes) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.560 to 202.579 are reserved for use in this Subpart. Subpart 202.FO --Transitional provisions for Part 121B (Air transport operations--small aeroplanes) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.580 to 202.599 are reserved for use in this Subpart. Subpart 202.FR --Transitional provisions for Part 129 (Foreign air transport operators--certification and operating requirements) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.600 AOCs authorising charter or regular public transport operations by foreign operators--if in force immediately before 20 April 2016 (1) This regulation applies to an AOC if, immediately before 20 April 2016: (a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation); and (b) the AOC was in force. (2) While the AOC is in force, and subject to any changes to the AOC : (a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.601 AOCs authorising charter or regular public transport operations by foreign operators--if under suspension immediately before 20 April 2016 (1) This regulation applies to an AOC if, immediately before 20 April 2016: (a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation); and (b) the AOC was under suspension in relation to the old operation. (2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC : (a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.602 Applications by foreign operators for AOCs authorising charter or regular public transport operations--if made but not finally determined before 20 April 2016 (1) This regulation applies if, before 20 April 2016: (a) a foreign operator applied for an AOC authorising the flying or operation of an aircraft for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the proposed operation); and (b) the application had not been finally determined by CASA. (2) The application is taken to be an application for an AOC for a foreign air transport operation that is equivalent to the proposed operation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.603 Repeal of Division 202.FR.1 at the start of 20 April 2018 This Division is repealed at the start of 20 April 2018. Subpart 202.FT --Transitional provisions for Part 133 (Air transport and aerial work operations--rotorcraft) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.620 to 202.639 are reserved for use in this Subpart. Subpart 202.FV --Transitional provisions for Part 136 (Aerial work operations--other than those covered by Parts 133, 137, 138, 141 and 142) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.640 to 202.659 are reserved for use in this Subpart. Subpart 202.FW --Transitional provisions for Part 137 (Aerial agriculture operations--other than rotorcraft) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.660 to 202.679 are reserved for use in this Subpart. Subpart 202.FX --Transitional provisions for Part 138 (Search and rescue operations) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.680 to 202.699 are reserved for use in this Subpart. Subpart 202.FY --Transitional provisions for Part 139 (Aerodromes) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.700 Definitions for this Subpart In this Subpart: " old regulations " means CAR as in force immediately before 2 May 2003. " Rules and Practices for Aerodromes " means the document called 'Rules and Practices for Aerodromes', published by CASA, as in force immediately before 2 May 2003. " transitional aerodrome licence " means an aerodrome licence that is continued in force after 2 May 2003 by regulation 202.701 as if it were an aerodrome certificate granted under regulation 139.050. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.701 Aerodrome licences issued under CAR An aerodrome licence in force under Part 9 of the old regulations immediately before 2 May 2003 continues in force on and after that day as if it were an aerodrome certificate granted under regulation 139.050. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.702 Conditions of transitional aerodrome licences A transitional aerodrome licence remains subject to any conditions to which it was subject immediately before 2 May 2003 (including any condition to which the licence was subject under regulation 303 of CAR). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.703 Duration of transitional aerodrome licences Despite regulation 139.065, a transitional aerodrome licence continues in force, unless sooner cancelled, until the earlier of the following: (a) CASA grants an aerodrome certificate in respect of the aerodrome under regulation 139.050; (b) 1 May 2006. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.704 Previous aerodrome manuals and standards for aerodromes (1) This regulation applies to the operator of an aerodrome if the operator holds a transitional aerodrome licence for the aerodrome. (2) The operator is taken to satisfy the requirements of Division 139.B.2 of CASR if the operator has an aerodrome manual for the aerodrome that, immediately before 2 May 2003, satisfied the requirements of Part 9, Division 3 of the old regulations. (3) The operator is taken to comply with regulation 139.165 if the operator complies with any requirements or standards for the physical characteristics of the movement area of an aerodrome that: (a) are set out or referred to in the Rules and Practices for Aerodromes; and (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003. (4) The operator is taken to comply with regulations 139.170, 139.190 and 139.195 if the operator complies with any requirements or standards for the marking and lighting of the movement area of an aerodrome that: (a) are set out or referred to in the Rules and Practices for Aerodromes; and (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003. (5) The operator is taken to comply with regulations 139.175 and 139.180 if the operator complies with any requirements or standards for the signal area and wind direction indicators for an aerodrome that: (a) are set out or referred to in the Civil Aviation Orders; and (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003. (6) The operator is taken to comply with regulation 139.355 if the operator complies with any requirements and standards for the establishment of obstacle limitation surfaces for an aerodrome that: (a) are set out or referred to in the Rules and Practices for Aerodromes; and (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.705 Exemptions (1) An exemption from a provision of Part 9 of the old regulations (the old provision) that: (a) was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and (b) was in effect immediately before 2 May 2003; continues in force on and after that day as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision. (2) Any such exemption continues in force subject to any conditions to which it was subject immediately before that day. (3) In this regulation: " Manual of Standards " has the meaning given by regulation 139.010.Subpart 202.FYH --Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.710 Manual of Standards for Subpart 139.H (1) A document called 'Manual of Standards (MOS) - Subpart 139.H' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 139.712. (2) The procedures in regulations 139.712A, 139.712B and 139.712C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards. Subpart 202.GA --Transitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses) Note: The regulations comprise: (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.720 Definitions for Division 202.GA.1 A term that is used in this Division has the same meaning in this Division as it has in Part 141. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.721 AOCs and approvals under regulation 60.055 held immediately before 1 September 2014 (1) This regulation applies if: (a) immediately before 1 September 2014, a person held an AOC authorising the holder to engage in flying training (the old training); and (b) the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (the new training). (2) This regulation also applies if: (a) before 1 September 2014, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device; and (b) the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training); and (c) immediately before 1 September 2014, the person held an approval under regulation 60.055 as a user of the simulator or device. (3) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training. (4) A Part 141 certificate issued to the person on the basis of subregulation (3) must be issued subject to the conditions of the person's AOC or approval that relate to the old training. (5) A Part 141 certificate issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.722 AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 (1) This regulation applies if: (a) before 1 September 2014, a person held an AOC authorising the holder to engage in flying training (the old training); and (b) the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (the new training); and (c) immediately before 1 September 2014, the AOC was under suspension in relation to some or all of the old training (the suspended old training). (2) This regulation also applies if: (a) before 1 September 2014, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device; and (b) before 1 September 2014, the person conducted training (the old training) in the simulator or device; and (c) the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training); and (d) immediately before 1 September 2014, the approval was under suspension in relation to some or all of the old training (the suspended old training). (3) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training. (4) A Part 141 certificate issued to a person on the basis of subregulation (3): (a) must be issued subject to the conditions of the person's AOC or approval that relate to the old training; and (b) is taken to have been suspended in relation to the new training that is equivalent to the suspended old training. (5) CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate. (6) A Part 141 certificate issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.723 Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014 (1) This regulation applies if, before 1 September 2014: (a) a person applied for an AOC that would have authorised the person to engage in flying training that is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship; and (b) the application was not finally determined by CASA. (2) This regulation also applies if, before 1 September 2014: (a) a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device; and (b) the person intended to conduct training in the simulator or device that is equivalent to Part 141 flight training conducted in a flight simulation training device; and (c) the application was not finally determined by CASA. (3) CASA must determine whether CASA would have issued the AOC or approval to the person. (4) If CASA determines that CASA would have issued the AOC or approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the Part 141 flight training. (5) If CASA determines that CASA would not have issued the AOC or approval to the person, CASA must give the person written notice of: (a) the determination; and (b) the reasons for the determination. (6) A Part 141 certificate issued to the person on the basis of subregulation (4) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.724 Application of Part 141 to certain Part 141 operators--references to operations manual (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4). (2) Part 141 applies to the operator as if references in Part 141 to the operator's operations manual were references to the following documents: (a) the operations manual the operator held immediately before 1 September 2014; (b) the operator's dangerous goods manual (if any); (c) the operator's training and checking manual (if any); (d) each document for which the operator holds an approval under these Regulations or the Civil Aviation Orders. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems (1) This regulation applies if: (a) a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4); and (b) immediately before 1 September 2014, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device. (2) The operator does not contravene a provision of Part 141 only because the operator does not have a quality system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.727 Application of Part 141 to certain Part 141 operators--provisions that do not apply (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4). (2) A provision mentioned in table 202.727 does not apply to the operator. Table 202.727--Part 141 provisions that do not apply Item Provision 1 regulations 141.080, 141.090 and 141.095 2 subparagraph 141.130(4)(b)(ii) 3 regulations 141.200 and 141.260 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes) (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4). (2) The operator is taken to have applied to CASA for the approval of a significant change in accordance with subregulation 141.085(4) if the operator makes the application to CASA for the approval of a significant change: (a) in writing; and (b) setting out the change. Note: Under this regulation, the requirement in paragraph 141.085(4)(c) does not apply to the operator. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.728 References to standardisation and proficiency checks for instructors for certain Part 141 operators (1) This regulation applies if, immediately before 1 September 2014: (a) a Part 141 operator held an AOC that authorised the holder to engage in flying training; and (b) an instructor for the operator was engaged by the AOC holder to give flying training. (2) The instructor is taken to hold a valid standardisation and proficiency check for the operator under regulation 141.190 on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder's chief flying instructor. Note: See paragraph 9.10 of Civil Aviation Order 40.1.7 (in relation to standardisation and proficiency flight checks for aeroplanes) and paragraph 11.6 of Civil Aviation Order 40.3.7 (in relation to standardisation and proficiency flight checks for helicopters). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.729 Expiry of Division 202.GA.1 at end of 31 August 2017 This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation. Subpart 202.GB --Transitional provisions for Part 142 (Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking) Note: The regulations comprise: (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.740 Definitions for Division 202.GB.1 A term that is used in this Division has the same meaning in this Division as it has in Part 142. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.741 AOCs authorising flying training--if in force immediately before 1 September 2014 (1) This regulation applies to an AOC if, immediately before 1 September 2014 : (a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and (b) the AOC was in force. (2) While the AOC is in force, and subject to any changes to the AOC : (a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.742 AOCs authorising flying training--if under suspension immediately before 1 September 2014 (1) This regulation applies to an AOC if, immediately before 1 September 2014 : (a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and (b) the AOC was under suspension in relation to the old training. (2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC : (a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.743 Applications for AOCs authorising flying training--if made but not finally determined before 1 September 2014 (1) This regulation applies if, before 1 September 2014 : (a) a person applied for an AOC authorising the flying or operation of an aeroplane, rotorcraft or airship for flying training (the proposed training); and (b) the application was not finally determined by CASA. (2) The application is taken to be an application for an AOC for Part 142 flight training that is equivalent to the proposed training. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.744 Approvals under regulation 60.055 held immediately before 1 September 2014 (1) This regulation applies if: (a) before 1 September 2014, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device; and (b) the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training); and (c) immediately before 1 September 2014, the person held an approval under regulation 60.055 as a user of the simulator or device. (2) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training. (3) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) must be issued subject to the conditions of the person's approval that relate to the old training. (4) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.745 Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014 (1) This regulation applies if: (a) before 1 September 2014, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device; and (b) before 1 September 2014, the person conducted training (the old training) in the simulator or device; and (c) the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training); and (d) immediately before 1 September 2014, the approval was under suspension in relation to some or all of the old training (the suspended old training). (2) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training. (3) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2): (a) must be issued subject to the conditions of the person's approval that relate to the old training; and (b) is taken to have been suspended in relation to the new training that is equivalent to the suspended old training. (4) CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate. (5) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.746 Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014 (1) This regulation applies if, before 1 September 2014: (a) a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device; and (b) the person intended to conduct training in the simulator or device that is equivalent to Part 142 flight training conducted in a flight simulation training device; and (c) the application was not finally determined by CASA. (2) CASA must determine whether CASA would have issued the approval to the person. (3) If CASA determines that CASA would have issued the approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the Part 142 flight training. (4) If CASA determines that CASA would not have issued the approval to the person, CASA must give the person written notice of: (a) the determination; and (b) the reasons for the determination. (5) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times: (a) the end of 31 August 2017; (b) if it is cancelled--when it is cancelled. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.747 Application of Part 142 to certain Part 142 operators--references to exposition (1) This regulation applies if a Part 142 operator holds: (a) an AOC mentioned in regulation 202.741 or 202.742; or (aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or (b) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3). (2) Part 142 applies to the operator as if references in Part 142 to the operator's exposition were references to the following documents: (a) the operator's operations manual; (b) the operator's dangerous goods manual (if any); (c) the operator's training and checking manual (if any); (d) each document for which the operator holds an approval under these Regulations or the Civil Aviation Orders. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.748 Application of Part 142 to certain Part 142 operators with Part 60 quality systems--safety management system and quality assurance management system (1) This regulation applies if: (a) a Part 142 operator holds a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3); and (b) immediately before 1 September 2014, the operator had a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device. (2) For regulation 142.260, the quality system is taken to meet the requirements of regulation 142.265 for a safety management system. (3) For regulation 142.270, the quality system is taken to meet the requirements of regulation 142.275 for a quality assurance management system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.749 Application of Part 142 to certain Part 142 operators without Part 60 quality systems--safety and quality assurance management systems not required (1) This regulation applies if: (a) a Part 142 operator holds: (i) an AOC mentioned in regulation 202.741 or 202.742; or (ia) an AOC granted on the basis of an application to which regulation 202.743 applied; or (ii) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3); and (b) immediately before 1 September 2014, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device. (2) The operator does not contravene a provision of Part 142 only because the operator does not have: (a) a safety management system; or (b) a quality assurance management system. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.750 Application of Part 142 to certain Part 142 operators--provisions that do not apply (1) This regulation applies if a Part 142 operator holds: (a) an AOC mentioned in regulation 202.741 or 202.742; or (aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or (b) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3). (2) A provision mentioned in table 202.750 does not apply to the operator. Table 202.750 Part 142 provisions that do not apply Item Provision 1 regulation 142.025, definition of key personnel, paragraphs (c) and (d) 2 regulations 142.135, 142.140, 142.145 and 142.150 3 subparagraph 142.190(2)(n)(iii) 4 regulations 142.195, 142.200, 142.205, 142.210, 142.335 and 142.340 CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.751 References to standardisation and proficiency checks for instructors for certain Part 142 operators (1) This regulation applies to an instructor for a Part 142 operator if, immediately before 1 September 2014: (a) the operator held an AOC that authorised the holder to engage in flying training; and (b) the instructor was engaged by the AOC holder to give flying training. (2) The instructor is taken to hold a valid standardisation and proficiency check for the operator under regulation 142.325 on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder's chief flying instructor. Note: See paragraph 9.10 of Civil Aviation Order 40.1.7 (in relation to standardisation and proficiency flight checks for aeroplanes) and paragraph 11.6 of Civil Aviation Order 40.3.7 (in relation to standardisation and proficiency flight checks for helicopters). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.752 Expiry of Division 202.GB.1 at end of 31 August 2017 This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation. Subpart 202.GC --Transitional provisions for Part 143 (Air traffic services training providers) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.760 Manual of Standards for Part 143 (1) A document called 'Manual of Standards (MOS) - Part 143' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 143.017. (2) The procedures in regulations 143.017A, 143.017B and 143.017C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards. Subpart 202.GD --Transitional provisions for Part 144 (Product distribution organisations) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.780 to 202.799 are reserved for use in this Subpart. Subpart 202.GE --Transitional provisions for Part 145 (Continuing airworthiness--Part 145 approved maintenance organisations) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.800 CASA may direct making of applications under regulation 145.025 (1) CASA may direct the holder of a certificate of approval that covers maintenance of an aircraft or aeronautical product to which Part 42 applies to make an application under regulation 145.025 for approval as a Part 145 organisation. (2) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (3) The holder of the certificate must comply with the direction within the time specified in the direction. Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 145. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.801 Interpretation for Division 202.GE.2--Part 145 references to maintenance services taken to include references to CAR maintenance activities For this Division: (a) the references in paragraphs (b) and (c) of the definition of accountable manager in subregulation 145.010(1) to providing maintenance services are taken to include references to undertaking CAR maintenance activities; and (b) the reference in paragraph 145.010(2)(d) to the maintenance services provided by an organisation is taken to include a reference to the CAR maintenance activities undertaken by the organisation; and (c) the reference in paragraph 145.010(2)(f) to the maintenance services that an organisation is approved to provide is taken to include a reference to the CAR maintenance activities that the organisation is approved to undertake. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.802 Interpretation for Division 202.GE.2--Part 145 definition of approval rating For this Division, the definition of approval rating in subregulation 145.010(1) is taken to include a rating for a kind of aircraft, aircraft component or aircraft material specified in the Part 145 Manual of Standards in relation to CAR maintenance activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.803 Interpretation for Division 202.GE.2--Part 145 definition of significant change For this Division, the definition of significant change in subregulation 145.010(2) is taken to include the following: (a) a change to the CAR maintenance activities undertaken by the organisation, if the change would require a change to the approval ratings mentioned in the organisation's approval certificate; (b) a change to the organisation's facilities, equipment, tools, materials, procedures or employees that could adversely affect the organisation's ability to undertake the CAR maintenance activities that it is approved to undertake; (c) a change to the organisation's system of certification of completion of maintenance. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.804 Part 145 Manual of Standards--additional matters for CAR maintenance activities A Manual of Standards issued under regulation 145.015 may specify the following matters in relation to CAR maintenance activities: (a) ratings for kinds of aircraft, aircraft components and aircraft materials; (b) requirements for a Part 145 organisation's exposition; (c) the privileges that apply to an approval rating; (d) requirements for undertaking CAR maintenance activities, including requirements in relation to the following: (i) a system of certification of completion of maintenance; (ii) aircraft, aircraft components and aircraft materials; (iii) defects; (iv) writing procedures for meeting the requirements of Parts 4, 4A and 4B of CAR. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.805 Applying for approval (1) An application under regulation 145.025 may cover the undertaking of CAR maintenance activities. (2) If the application covers the undertaking of CAR maintenance activities, the application must include the approval rating sought by the applicant for each kind of aircraft, aircraft component or aircraft material for which the applicant proposes to undertake CAR maintenance activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.806 Issuing approval (1) If the application covers the undertaking of CAR maintenance activities, CASA must approve the applicant as a Part 145 organisation only if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 145 Manual of Standards relating to CAR maintenance activities; and (b) the applicant has facilities, equipment, materials, approved maintenance data and tools that are suitable for undertaking CAR maintenance activities for the kinds of aircraft, aircraft components and aircraft materials for which the applicant proposes to undertake CAR maintenance activities; and (c) the facilities, equipment, materials, approved maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 145 Manual of Standards. (2) If CASA decides to approve the applicant as a Part 145 organisation, CASA must determine: (a) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the applicant is approved to undertake CAR maintenance activities; and (b) any limitations applying to an approval rating mentioned in paragraph (a). CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.807 Approval certificate If CASA approves the applicant as a Part 145 organisation, the certificate issued under regulation 145.035 must include the approval rating for each kind of aircraft, aircraft component or aircraft material for which the applicant is approved to undertake CAR maintenance activities. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.808 Privileges for Part 145 organisations A Part 145 organisation may undertake the CAR maintenance activities that it is approved to undertake. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.809 Approval subject to conditions It is a condition of approval of a Part 145 organisation that is approved to undertake CAR maintenance activities that: (a) the organisation must, at all times, comply with the requirements of the following in relation to CAR maintenance activities it undertakes: (i) its exposition; (ii) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the organisation is approved to undertake CAR maintenance activities; (iii) any limitations applying to an approval rating mentioned in subparagraph (ii); (iv) Parts 4, 4A and 4B of CAR; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a) in relation to CAR maintenance activities the organisation undertakes. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.810 Undertaking CAR maintenance activities (1) A Part 145 organisation commits an offence if it undertakes CAR maintenance activities in contravention of any of the following: (a) its exposition; (b) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the organisation is approved to undertake CAR maintenance activities; (c) any limitations applying to an approval rating mentioned in paragraph (b); (d) the privileges that apply to the approval rating under the Part 145 Manual of Standards. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. Subpart 202.GG --Transitional provisions for Part 147 (Continuing airworthiness--maintenance training organisations) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.840 Recognised organisations taken to be maintenance training organisations (1) This regulation applies to an organisation that, immediately before 27 June 2011, is a recognised organisation within the meaning given by Schedule 1 to the Civil Aviation Order 100.66 Instrument 2007. (2) On 27 June 2011, the organisation is taken to have applied for, and to meet the requirements mentioned in regulation 147.030 for the grant of, approval as a maintenance training organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.841 Applications for approval as a recognised organisation made but not finally determined before 27 June 2011 (1) This regulation applies to a person if: (a) before 27 June 2011, the person made an application for approval as a recognised organisation; and (b) the application was not finally determined by CASA before 27 June 2011. (2) On 27 June 2011, the person is taken to have made an application under regulation 147.025 for approval as a maintenance training organisation. CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.842 CASA may direct the making of applications under regulation 147.025 (1) CASA may direct the holder of a certificate of approval that covers: (a) the training of candidates for examinations mentioned in paragraph 31(4)(e) of CAR, as in force before 27 June 2011; or (b) the conducting of examinations mentioned in paragraph 31(4)(e) of CAR, as in force before 27 June 2011; to make an application under regulation 147.025 for approval as a maintenance training organisation. (2) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (3) The holder of the certificate must comply with the direction within the time mentioned in the direction. Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 147. Subpart 202.GI --Transitional provisions for Part 149 (Recreational aviation administration organisations) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.860 to 202.879 are reserved for use in this Subpart. Subpart 202.HA --Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.880 Manual of Standards for Part 171 (1) A document called 'Manual of Standards (MOS) - Part 171' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 171.017. (2) The procedures in regulations 171.017A, 171.017B and 171.017C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards. Subpart 202.HB --Transitional provisions for Part 172 (Air traffic service providers) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.900 Manual of Standards for Part 172 (1) A document called 'Manual of Standards (MOS) - Part 172' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 172.022. (2) The procedures in regulations 172.022A, 172.022B and 172.022C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards. Subpart 202.HC --Transitional provisions for Part 173 (Instrument flight procedure design) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.920 to 202.939 are reserved for use in this Subpart. Subpart 202.HD --Transitional provisions for Part 174 (Aviation meteorological services) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.940 to 202.959 are reserved for use in this Subpart. Subpart 202.HE --Transitional provisions for Part 175 (Aeronautical information management) Subpart 202.HL --Transitional provisions for Part 200 (Exemptions) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.980 to 202.989 are reserved for use in this Subpart. Subpart 202.HM --Transitional provisions for Part 201 (Miscellaneous) Note 1: This Subpart heading is reserved for future use. Note 2: Regulation numbers 202.990 to 202.999 are reserved for use in this Subpart. Dictionary (regulation 1.4) Part 1 --Definitions 2D instrument approach operation means an instrument approach operation using lateral navigation guidance only. 3D instrument approach operation means an instrument approach operation using lateral and vertical navigation guidance. " Act " means the Civil Aviation Act 1988. " aerobatic manoeuvres", for an aircraft, means manoeuvres of the aircraft that involve: (a) bank angles that are greater than 60°; or (b) pitch angles that are greater than 45°, or are otherwise abnormal to the aircraft type; or (c) abrupt changes of speed, direction, angle of bank or angle of pitch. " aerodrome certificate " means a certificate granted under regulation 139.050. " aerodrome facilities and equipment " means facilities and equipment, inside or outside the boundaries of an aerodrome, that are installed or maintained for use by aircraft operating at the aerodrome. " aerodrome manual ", for a certified aerodrome, means the aerodrome manual for the aerodrome required by regulation 139.090. " aerodrome marking " includes a permanent or temporary marker, a movement area guidance sign and a road sign. " aerodrome operator ": (a) for a certified aerodrome--means the person who holds the aerodrome certificate for the aerodrome; and (b) for a registered aerodrome--means the operator of the aerodrome; and (c) for an aerodrome to which Subpart 139.D applies--means the person who is responsible for the operation and maintenance of the aerodrome. " aerodrome serviceability inspection ," of an aerodrome, means an inspection of the aerodrome mentioned in regulation 139.220. " aerodrome technical inspection ", of aerodrome facilities for an aerodrome, means an inspection of the aerodrome facilities mentioned in regulation 139.230. " aerodrome works " means any construction or maintenance work on or near the movement area of an aerodrome that may create an obstacle, or restrict the normal take-off and landing of aircraft, at the aerodrome. " aeronautical data " has the same meaning as in Annex 15 to the Chicago Convention. " aeronautical data originator " means a person who has been given a data product specification under regulation 175.160 that is in force. " aeronautical data processing standards " means: (a) EUROCAE ED-76; or (b) RTCA/DO-200A. " aeronautical fixed service " has the same meaning as in Annex 11 to the Chicago Convention. " aeronautical information " has the same meaning as in Annex 15 to the Chicago Convention. " aeronautical radio operator certificate " : see regulation 64.010. " AGL " means above ground or water level. " AIP " means the publication mentioned in paragraph 4.12(1)(a) of the Air Services Regulations, as that publication is in effect or exists from time to time. " AIP Amendment " has the same meaning as in Annex 15 to the Chicago Convention. " AIP-ERSA " means the Aeronautical Information Publication Enroute Supplement Australia published jointly by the Australian Air Force and AA, as in force from time to time. " AIP responsible person ", for an aeronautical data originator, means a person appointed by the originator as an AIP responsible person under regulation 175.445. " AIP Supplement " has the same meaning as in Annex 15 to the Chicago Convention. " AIRAC effective date " means an AIRAC effective date published in ICAO Document 8126. " airborne collision avoidance system " means a system fitted to an aircraft to provide information to its pilot for avoiding collisions with other aircraft. " aircraft engineer licence "means any of the following licences granted under regulation 66.025 or 66.026: (a) subcategory A1; (b) subcategory A2; (c) subcategory A3; (d) subcategory A4; (e) subcategory B1.1; (f) subcategory B1.2; (g) subcategory B1.3; (h) subcategory B1.4; (i) category B2; (j) category C. " aircraft registration identification plate " : see regulation 45.010. " aircraft type rating ", in relation to flight crew, means a type rating prescribed by a legislative instrument issued under regulation 61.055 or 61.060. " air display" means organised flying performed before a public gathering, including the following: (a) a contest; (b) an exhibition of aerobatic manoeuvres; (c) flying in formation; (d) other aircraft operations associated with the air display. " air security officer " means: (a) a protective service officer or special protective service officer of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or (b) a person who is: (i) employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and (ii) operating in accordance with an arrangement between the foreign government and the Australian Government. " airship " means a powered, lighter-than-air aircraft. " air traffic control " means Air Traffic Services in its role of providing an air traffic control service. " air traffic control function " means a function described in a paragraph of subregulation 65.075(2). " air transport operation ": see clause 3 of Part 2 of this Dictionary. " airworthiness directive "--see regulation 39.001A. " AIS " has the meaning given in Annex 15 to the Chicago Convention. " AIS provider " means a person who holds a certificate under regulation 175.055. " amateur-built aircraft " means an aircraft described in paragraph 21.191(g). " Amateur Built Aircraft Acceptance , or ABAA", means a document given by CASA or an authorised person as a type approval for an amateur-built aircraft. " amphibian " means an aeroplane that is designed to take off from, and land on, either land or water. " AOC "--see subsection 3(1) of the Act. " APMA " means Australian Parts Manufacturer Approval. " appliance " means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine or propeller. Source FARs section 1.1. " application material ": see regulation 137.010. " apply ", in relation to application material, has the meaning given by regulation 137.010. " apron ", of an aerodrome, has the meaning given by the Air Services Regulations. " approved " means approved by CASA. " approved design organisation " means a person who holds an approval under regulation 21.243 that is in force. " approved form " means: (a) for an application--the form approved by CASA under subregulation 11.030(3) for the application (if any); and (b) for a document other than an application--the form approved by CASA under regulation 11.018 for the document (if any). " approved maintenance data "-- see regulation 2A of CAR. " ARFFS provider " has the meaning given by subregulation 139.705(1). " ARN or Aviation Reference Number" means the unique identifier assigned to a person by CASA for the purposes of CASA's records. " article manufacturer "-- see paragraph 21.601(2)(e). " ATC licence " means an air traffic controller licence granted under Part 65. " ATS provider " has the meaning given by regulation 172.015. " ATS routes " has the same meaning as in Annex 4 to the Chicago Convention. " ATS training provider " has the meaning given by regulation 143.015. " ATSO ": see paragraph 21.601(2)(a). " ATSO authorisation" --see paragraph 21.601(2)(b). " Australian Civil Aircraft Register " means the register established and maintained under regulation 47.025. " Australian nationality mark ": see regulation 45.010. " Australian operator " means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory. " Australian Parts Manufacturer Approval or APMA" means an Australian Parts Manufacturer Approval issued under subregulation 21.303(9) or subregulation 21.305A(2). " authorised data service activity ", for a data service provider, means a data service activity mentioned in the data service provider's certificate issued under regulation 175.295. " authorised instrument approach procedure " means: (a) for an aerodrome in Australian territory--an instrument approach procedure that is: (i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or (ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or (b) for an aerodrome in a foreign country--an instrument approach procedure that is authorised by the national aviation authority of the country. " authorised instrument departure procedure " means: (a) for an aerodrome in Australian territory--an instrument departure procedure that is: (i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or (ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or (b) for an aerodrome in a foreign country--an instrument departure procedure that is authorised by the national aviation authority of the country. " authorised person ", for a provision of CASR in which the expression occurs, means a person who is appointed under regulation 201.001 to be an authorised person for these regulations or the provision. " authorised release certificate " has the meaning given by clause 18 of Part 2 of this Dictionary. " aviation English language proficiency assessment " : see regulation 61.010. " balloon " means an unpowered, lighter-than-air aircraft. " cabin crew member , in relation to an aircraft," means a crew member, other than a flight crew member, who performs, in the interests of the safety of the aircraft's passengers, duties assigned by the operator or the pilot in command of the aircraft. " CAR " means the Civil Aviation Regulations 1988. " cargo " means things other than persons carried in an aircraft. " carry-on baggage " means baggage or personal effects carried on, or to be carried on, to an aircraft by: (a) a passenger on the aircraft or a member of the aircraft's crew; or (b) an employee of the aircraft operator on behalf of a passenger or crew member. " CASR " means the Civil Aviation Safety Regulations 1998. " category ", in relation to the type certification of aircraft, means a grouping of aircraft based upon intended use and operating limitations (for example, transport, normal, utility, acrobatic, limited, restricted and provisional). Source FARs section 1.1 modified. " certificate of airworthiness " means a standard certificate of airworthiness or a special certificate of airworthiness. " certificate of registration " means a certificate issued under regulation 47.090. " certificate of release to service " means: (a) for an aircraft--a document that complies with subregulation 42.760(1); and (b) for an aeronautical product--a document that complies with subregulation 42.810(1) or (2). " certificate of validation ": see regulation 61.010. " certificate of validation " has the meaning given by regulation 61.010. " certification basis "means: (a) for an aircraft, aircraft engine or propeller for which there is a type certificate--the type certification basis for the aircraft, aircraft engine or propeller; and (b) for an aircraft, aircraft engine or propeller for which there is a foreign type certificate--the foreign type certification basis for the aircraft, aircraft engine or propeller. " certified aerodrome " means an aerodrome in respect of which an aerodrome certificate is in force. " certified true copy ", of a document, means a copy of the document that one of the following persons has certified in writing to be a true copy of the document: (a) a person mentioned in Schedule 2 to the Statutory Declarations Regulations 1993; (b) a justice of the peace in a foreign country; (c) a notary public in a foreign country; (d) an employee of a national aviation authority; (e) a person to whom a national aviation authority has delegated a power or function. " certified UAV controller "--see regulation 101.240. " charged with " an offence--see clause 25 of Part 2 of this Dictionary. " checked baggage" means baggage or personal effects checked in by a passenger with an operator, or with another person providing a check-in service for an operator, as baggage or personal effects intended for carriage on the aircraft on which the passenger is travelling. " Civil Air Regulations " means the Civil Air Regulations issued by the Administrator of the Federal Aviation Agency of the United States of America, as in force immediately before the commencement of the FARs. " class ": (a) of aircraft, has the meaning given by regulation 61.020; and (b) of aeroplane for Part 64 (Ground operations personnel licensing), has the meaning given by regulation 64.010; and (c) in relation to medical certificates--means a class of medical certificate mentioned in regulation 67.145. " Class I product "-- see paragraph 21.321(2)(a). " Class I provisional certificate of airworthiness " means a Class I provisional certificate of airworthiness issued under regulation 21.216. " Class I provisional type certificate " means a Class I provisional type certificate issued under regulation 21.076. " Class II product "-- see paragraph 21.321(2)(b). " Class II provisional certificate of airworthiness " means a Class II provisional certificate of airworthiness issued under regulation 21.216. " Class II provisional type certificate "means a Class II provisional type certificate issued under regulation 21.076. " Class III product "-- see paragraph 21.321(2)(c). " continuing airworthiness management organisation " means a person who holds an approval under regulation 42.590 that is in force. " Contracting State "-- see section 3 of the Act. " convicted " of an offence--see clause 35 of Part 2 of this Dictionary. " co-pilot ", in relation to an aircraft, means a pilot on board the aircraft in a piloting capacity other than: (a) the pilot in command; or (b) a pilot who is on board the aircraft for the sole purpose of receiving flight training. " critical part ", for an aircraft, means a part that must be inspected, overhauled, or removed or retired from the aircraft within a period specified: (a) in the Airworthiness Limitations section of the Manufacturer's Maintenance Manual (as published from time to time by the aircraft's manufacturer) for the aircraft; or (b) in the Manufacturer's Instructions for Continued Airworthiness (as published by the manufacturer from time to time) for the aircraft. " cross-country flight " has the meaning given by regulation 61.010. " cruise relief type rating "means: (a) a cruise relief co-pilot type rating; or (b) a cruise relief flight engineer type rating. " current ", for an aviation English language proficiency assessment: see regulation 61.260. " DAME " means designated aviation medical examiner. " DAO " means designated aviation ophthalmologist. " data product specification " has the same meaning as in Annex 15 to the Chicago Convention. " data service activity " means any of the following: (a) publishing aeronautical data; (b) publishing aeronautical information; (c) publishing an aeronautical chart; (d) supplying aeronautical data in a database for use in navigation equipment or systems. " data service provider " means a person who holds a certificate under regulation 175.295. " data set " has the same meaning as in Annex 15 to the Chicago Convention. " dealer's mark " means a mark assigned to an aircraft manufacturer, distributor or dealer under regulation 47.175. " designated aviation medical examiner " means: (a) a person appointed as a designated aviation medical examiner under Part 67; or (b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.055(1); or (c) a person specified in a declaration under subregulation 67.055(2); or (d) a person appointed as a designated aviation medical examiner under Part 6 of CAR as in force at any time before 3 September 2003. " designated aviation ophthalmologist " means: (a) a person appointed as a designated aviation ophthalmologist under Part 67; or (b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.075(1); or (c) a person specified in a declaration under subregulation 67.075(2). " Dictionary " means this Dictionary. " differences training ": see regulation 61.010. " engage in conduct " means: (a) do an act; or (b) omit to perform an act. " ETSO ": see paragraph 21.601(2)(aa). EUROCAE ED-76 means the latest version of EUROCAE ED-76, Standards for Processing Aeronautical Data, issued by the European Organisation for Civil Aviation Equipment, as in force from time to time. Note: EUROCAE ED-76 could in 2014 be viewed on the EUROCAE website (http://www.eurocae.net). " European Aviation Safety Agency or EASA" means the European Aviation Safety Agency established by regulation (EC) No 1592/2002 of the European Parliament and the Council of the European Union. " examiner " has the meaning given by regulation 61.010. " exhibition ": see regulation 45.010. " experimental certificate " means an experimental certificate issued under regulation 21.195A. " expiation notice ", in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution. " export airworthiness approval " means: (a) for a Class I product--an export certificate of airworthiness or an authorised release certificate; and (b) for a Class II or Class III product--an authorised release certificate. " export certificate of airworthiness ", for a Class I product, means a certificate to the effect that the product meets the requirements mentioned in regulation 21.329. " FAA letter of TSO design approval "-- see paragraph 21.601(2)(ca). " FARs " means the Federal Aviation Regulations in Chapter 1 (Federal Aviation Administration, Department of Transportation) of Title 14 of the Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration of the United States of America. " fireproof ", in connection with a manufacturer's data plate--see regulation 21.810. " flight crew endorsement ": (a) means a flight crew endorsement within the meaning of Part 61; and (b) includes a certificate of validation of an overseas endorsement. " flight crew licence ": (a) means a flight crew licence within the meaning of Part 61; and (b) includes a certificate of validation of an overseas flight crew licence. " flight crew member " means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time. " flight crew rating ": (a) means a flight crew rating within the meaning of Part 61; and (b) includes a certificate of validation of an overseas rating. " flight engineer " means the holder of a flight engineer licence. " flight examiner ": see regulation 61.010. " flight level ": a reference to a flight level followed by a number, in relation to the flight of an aircraft, is a reference to the altitude at which the aircraft's altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show an altitude in feet of 100 times that number. Example: Flight level 250 is an altitude of 25 000 ft. " flight manual ", for an aircraft--see clause 37 of Part 2 of this Dictionary. " flight review ": see regulation 61.010. " flight service function " means the function described in subregulation 65.130(2). " flight service licence " means a licence by that name granted under Part 65. " flight simulation training device ": see regulation 61.010. " flight simulator ", for a specific type (or a specific make, model and series) of aircraft: (a) means a simulator that simulates the aircraft in ground and flight operations and comprises: (i) a full size replica of the flight deck of the aircraft; and (ii) a visual system providing an out of the flight deck view; and (iii) a force cueing motion system; and (b) includes the necessary software and equipment, and the way that the equipment is interconnected. " flight technical log ", for an aircraft, means the log required under regulation 42.220 for the aircraft. " flight test ": see regulation 61.010. " flight time " has the meaning given by regulation 61.010. " flight training ": see regulation 61.010. " flight training area ", for an aerodrome, means an area that is mentioned in a Part 141 operator's operations manual, or a Part 142 operator's exposition, as a flight training area for the aerodrome. " flight training device ", for a specific type (or a specific make, model and series) of aircraft: (a) means a device that: (i) simulates the aircraft in ground and flight operations to the extent of the systems installed in the device; and (ii) comprises a full size replica of the instruments, equipment, panels and controls in an open flight deck area, or an enclosed flight deck, of the aircraft; and (iii) does not, in every respect, simulate the aircraft in ground and flight operations; and (b) includes the necessary software and equipment, and the way that the equipment is interconnected. " flying in formation ": 2 or more aircraft are: (a) flying in formation if they: (i) are operating as a single unit with regard to navigation, position reporting and control; and (ii) are so close to each other that any change in height, heading or airspeed of any aircraft used for station-keeping results in a need for one or more of the other aircraft to manoeuvre to maintain station or avoid a collision; and (b) taken to be flying in formation: (i) when the aircraft are changing station; and (ii) during join-up or breakaway. " foreign air transport AOC " means an AOC that authorises the operation of an aircraft for a foreign air transport operation. " foreign air transport operation ": (a) means an air transport operation that is conducted by a foreign operator using any aircraft for: (i) a flight into or out of Australian territory; or (ii) a flight wholly within Australia that is undertaken as part of a flight into or out of Australian territory; but (b) does not include the following: (i) the operation of an aeroplane or rotorcraft under a permission under section 25 (Non-scheduled flights by foreign registered aircraft) or section 27A (Permission for operation of foreign registered aircraft without AOC) of the Act; (ii) an air transport operation authorised by a New Zealand AOC with ANZA privileges that is in force for Australia. " foreign air transport operator "means a person who holds a foreign air transport AOC. " foreign certificate ", for a foreign operator, means an air operator certificate issued by the national aviation authority of the foreign country in which the foreign operator has its principal place of business or place of permanent residence. " foreign operator "means an operator that is not an Australian operator. " foreign supplemental type certificate " --see regulation 21.114. " foreign type certification basis ," for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a foreign type certificate. " foreign type certificate "-- see regulation 21.041. " free balloon " means a balloon that is intended for flight without being permanently tethered. " free balloon "--see regulation 101.145. " giant model aircraft "--see regulation 101.380. " glider " means an unpowered, heavier-than-air aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight. " hang glider ": see regulation 200.001. " heavier-than-air aircraft " is the generic term for aircraft that derive their lift in flight chiefly from aerodynamic forces. " heavy balloon "--see subregulation 101.145(6). " high power rocket "--see regulation 101.425. " holder ", of an authorisation (within the meaning given by Part 11), means: (a) if the authorisation has not been transferred--the person to whom it was granted; or (b) if the authorisation has been transferred--the person to whom it was transferred or, if it has been transferred more than once, the person to whom it was most recently transferred. " human factors principles "means principles concerned with the minimisation of human error and its consequences by optimising the relationships within systems between people, activities and equipment. ICAO Document 8126 means Document 8126-AN/872 (Aeronautical Information Services Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time. ICAO Document 8697 means Document 8697-AN/889 (Aeronautical Chart Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time. " identification number " of a production certificate or type certificate means the number, or group of characters, described in the certificate as being its number. " in an area ", used of the operation of an aircraft--see clause 40 of Part 2 of this Dictionary. " incidental provisions ", of an instrument, or part of an instrument, mentioned in these Regulations, means the provisions of the instrument, or part, that are not airworthiness standards. " in-house maintenance , for an aeronautical product (the first aeronautical product) to be fitted to an aircraft or another aeronautical product (the second aeronautical product"), means maintenance carried out on the first aeronautical product by a Part 145 organisation that will fit the product to the aircraft or the second aeronautical product. " in-house release document ", for an aeronautical product on which in-house maintenance has been carried out, means the document that: (a) is issued by the Part 145 organisation that carried out the in-house maintenance; and (b) includes a statement to the effect that, in respect of the in-house maintenance, the product is serviceable, within the meaning given by subregulation 42.015(1); and (c) includes information enabling the identification of the record mentioned in regulation 42.820 for the product. " instructor " has the meaning given by regulation 61.010. " instrument approach operation " means an approach and landing: (a) conducted using instruments for navigation guidance; and (b) based on an authorised instrument approach procedure. " instrument approach procedure " means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. " instrument departure procedure ", for an aircraft, means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from take-off until the aircraft reaches: (a) the en-route lowest safe altitude; or (b) the minimum altitude at which the aircraft, on a minimum climb gradient of 3%, can intercept the planned flight route; or (c) in a case where the aircraft has taken off from an aerodrome for which there is a radar control service in operation--the minimum radar vector altitude. " instrument flight procedures "means the visual and instrument procedures for use by aircraft operating under the IFR. " Integrated Aeronautical Information Package " means a package, in hardcopy or electronic form, consisting of the following: (a) the AIP; (b) AIP Amendments; (c) AIP Supplements; (d) NOTAMS and pre-flight information bulletins; (e) aeronautical information circulars. " integrated training " means an intensive course of training: (a) that is designed to ensure that a course participant receives ground theory training integrated with practical flight training; and (b) for which: (i) the ground theory training and practical flight training are conducted by the same operator; or (ii) the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and (c) that is conducted according to a syllabus that satisfies the knowledge and flight standards specified in the Part 61 Manual of Standards for the grant of a private or commercial pilot licence; and (d) that is designed to be completed within a condensed period of time. " intermediate category ", for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.026. " kind ", of an aircraft, means: (a) for an aircraft that is covered by an aircraft type rating--the aircraft type rating; and (b) for an aircraft that is not covered by an aircraft type rating--the type of aircraft. " kit-built aircraft " means an aircraft described in paragraph 21.191(h). " kite " means a glider normally moored to the ground. " land and hold short operation "means an operation in which the pilot in command of an aircraft: (a) lands the aircraft on a runway; and (b) stops the aircraft before an intersection with another runway; and (c) does not proceed further until instructed to do so by air traffic control. " large UAV "--see regulation 101.240. " letter of ATSO design approval "-- see paragraph 21.601(2)(c). " licensed aircraft maintenance engineer " means an individual who holds an aircraft engineer licence that is in force. " light balloon "--see subregulation 101.145(4). " light sport aircraft "means an aircraft that: (a) has: (i) if the aircraft is not intended for operation on water--a maximum take-off weight of 600 kilograms or less; or (ii) if the aircraft is intended for operation on water--a maximum take-off weight of 650 kilograms or less; or (iii) if the aircraft is a lighter-than-air aircraft--a maximum gross weight of 560 kilograms or less; and (b) if the aircraft is a powered aircraft--has a single, non-turbine engine fitted with a propeller; and (c) has a maximum stall speed in the landing configuration (Vso) of 45 knots calibrated air speed; and (d) if the aircraft is a glider--has a maximum never-exceed speed (Vne) of 135 knots calibrated air speed; and (e) if the aircraft has a cabin--has an un-pressurised cabin; and (f) if the aircraft is designed to be equipped with seating--has a maximum seating capacity of 2 persons, including the pilot; and (g) if the aircraft is a manned free balloon that is not designed to be equipped with seating--can carry no more than 2 persons; and (h) has: (i) in the case of an amphibian--repositionable landing gear; or (ii) in the case of a glider--fixed landing gear or retractable landing gear; or (iii) in any other case--fixed landing gear. " lighter-than-air aircraft " is the generic term for aircraft that are supported chiefly by their buoyancy in the air. " limited category ", for an aircraft, means the category of aircraft that satisfy the requirements for issue of a special certificate of airworthiness mentioned in regulation 21.189. " lowest safe altitude "has the same meaning as in the AIP. " low-visibility approach " means an approach using minima for a runway that are below the category I precision approach minima for the runway published in the AIP. " low-visibility operation " means: (a) a low-visibility take-off; or (b) a low-visibility approach. " low-visibility take-off " means a take-off with a runway visual range of less than 550 m. " major change ", for a type design--see regulation 21.093. " major defect "means: (a) in relation to an aeronautical product that is not fitted to an aircraft--a defect of such a kind that the aeronautical product, if fitted to an aircraft, may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property; and (b) in relation to an aircraft--a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property. " manned free balloon " means a free balloon that: (a) is capable of carrying 1 or more persons; and (b) is equipped with controls that enable the altitude of the balloon to be controlled. " markings ", for an aircraft: see regulation 45.015. " Materials Review Board " means: (a) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a type certificate only--the Materials Review Board established under paragraph 21.125(1)(a); and (b) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a production certificate--the Materials Review Board established under regulation 21.145. " maximum carrying capacity ", for an aircraft, means the maximum payload permitted under the aircraft's certificate of type approval. " maximum passenger seating capacity ", for an aircraft, means the maximum number of seats for persons (excluding flight crew and cabin crew) in the aircraft that is: (a) approved by CASA; and (b) specified in the aircraft operator's operations manual. " medical certificate " means: (a) a medical certificate issued under Subpart 67.C; or (b) for the holder of a certificate of validation of an overseas flight crew licence--the holder's overseas medical certificate. " medically significant condition " has the meaning given by subregulation 67.010(1). " medical practitioner ": (a) for Part 61 has the meaning given by regulation 61.010; and (b) for Part 67 has the meaning given by subregulation 67.010(1). " medium balloon "--see subregulation 101.145(5). " meets the modified Austroads medical standards " has the meaning given by regulation 67.262. " micro UAV "--see regulation 101.240. " minimum equipment list ", for an aircraft, means a list of each defect in the aircraft that is approved as a permissible unserviceability under regulation 37 of CAR. " minor change ", for a type design--see regulation 21.093. " model ", for an aircraft, aircraft engine or propeller, means a particular version of a type of aircraft, aircraft engine or propeller that is distinguished from another version of the same type by a change of sufficient effect on the weight, balance, structural strength, operational characteristics as would require a separate entry on a type certificate, identifying and approving the particular version as distinct from the identification and approval of other versions. " model aircraft " means an aircraft that is used for sport or recreation, and cannot carry a person. " model rocket "--see regulation 101.425. " modification/repair design approval "means an approval granted under regulation 21.435 or 21.437. " multi-crew operation ": see regulation 61.010. " national aviation authority ", for a foreign country: (a) means the authority that is responsible for regulating civil aviation in the country; and (b) includes: (i) the national airworthiness authority for the country; and (ii) if EASA carries out functions on behalf of the country--EASA; and (iii) for China, for matters relating to Hong Kong--the Civil Aviation Department of Hong Kong. " night " means the period between the end of evening civil twilight and the beginning of the following morning civil twilight. " non-precision approach runway "has the same meaning as in Annex 14, Aerodromes, to the Chicago Convention. " non-technical skills " means specific human competencies, including critical decision making, team communication, situational awareness and workload management, which may minimise human error in aviation. " NOTAM authorised person ", of an aeronautical data originator, means a person appointed by the originator as a NOTAM authorised person under regulation 175.445. " NOTAM Office " means the office of AA responsible for the publication of NOTAMS. " obstacle "means an object that extends above part of an obstacle limitation surface of an aerodrome. " obstacle limitation surface ", of an aerodrome, means an obstacle limitation surface established in accordance with regulation 139.355. " off-shore installation " means an installation that is erected on, or floating in the sea above, the continental shelf for the purpose of extracting, or exploring for, petroleum or natural gas. " operations manual ", for an operator, means the manual required to be provided by the operator under regulation 215 of CAR. Note: The definition of operator in subregulation 2(1) of CAR is as follows: operator means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation. " operations specifications " has the same meaning as in Chapter 1 of Part 1 of Annex 6, Operation of Aircraft, to the Chicago Convention. " operator ", of an aircraft, means: (a) if the operation of the aircraft is authorised by an AOC--the holder of the AOC; or (b) if the operation of the aircraft is not authorised by an AOC--the person, organisation or enterprise that makes the aircraft available to the aircraft's pilot in command for a flight. " operator proficiency check ": see regulation 61.010. " other AIS applicable ICAO documents " means each of the following documents as approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time: (a) ICAO Document 4444-ATM/501 (Procedures for Air Navigation Services--Air Traffic Management), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP; (b) ICAO Document 7030 (Regional Supplementary Procedures); (c) ICAO Document 7910 (Location Indicators); (d) ICAO Document 8168 (PANS-OPS), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP; (e) ICAO Document 8400 (ICAO Abbreviations and Codes); (f) ICAO Document 9432 (Manual of Radiotelephony); (g) ICAO Document 9674 (World Geodetic System); (h) ICAO Document 9905-AN/471 (Required Navigation Performance Authorisation Required (RNP AR) Procedure Design Manual). " overhauled "-- see paragraph 21.321(2)(d). " overseas endorsement " has the meaning given by regulation 61.010. " overseas flight crew licence " has the meaning given by regulation 61.010. " overseas medical certificate " has the meaning given by regulation 61.010. " overseas rating " has the meaning given by regulation 61.010. " PANS-AIM " means the Procedures for Air Navigation Services-Aeronautical Information Management approved and published by the Council of the International Civil Aviation Organization, as in force from time to time, subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP. Part 21 Manual of Standards means the Manual of Standards issued by CASA under regulation 21.010D. Part 42 Manual of Standards means the Manual of Standards issued by CASA under regulation 42.020. Part 45 Manual of Standards means the Manual of Standards issued by CASA under regulation 45.025. Part 61 Manual of Standards means the Manual of Standards issued by CASA under regulation 61.035. Part 141 operator: see subregulation 141.015(3). Part 142 operator : see subregulation 142.015(4). Part 145 organisation means a person who holds an approval under regulation 145.030 that is in force. Part 175 Manual of Standards means the Manual of Standards issued by CASA under regulation 175.025. " passenger ," in relation to an aircraft, means a person: (a) who: (i) intends to travel on a particular flight on the aircraft; or (ii) is on board the aircraft for a flight; or (iii) has disembarked from the aircraft following a flight; and (b) who is not a member of the crew of the aircraft for the flight. " pilot ", used as a verb, has the meaning given by regulation 61.010. " pilot certificate "means a certificate (however described) that: (a) is granted by a recreational aviation administration organisation; and (b) authorises its holder to pilot an aircraft, other than a registered aircraft, in an aviation activity administered by the organisation. " pilot in command ", in relation to a flight of an aircraft, means the pilot designated by the operator of the aircraft as being in command and charged with the safe conduct of the flight. " pilot instructor ": see regulation 61.010. " pilot licence ": see regulation 61.010. " pilot-owner ", of an aircraft, means an individual who: (a) owns the aircraft; and (b) is authorised, under Part 61, to fly the aircraft. " powered aircraft " means an aircraft that is propelled by an engine or engines. " powered-lift aircraft "means a power-driven heavier-than-air aircraft that derives its lift in flight: (a) during vertical manoeuvring and low-speed flight--from: (i) the reaction of air on one or more normally power-driven rotors on substantially vertical axes; or (ii) engine thrust; and (b) otherwise--chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight. " powered parachute " means a powered aircraft that has the characteristics of a parachute when its engine or engines are not operated. " powered sailplane " means an aircraft with one or more engines that has the characteristics of a sailplane when the engine or engines are inoperative. " primary category ", for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.024. " probity offence " means an offence the substance of which is: (a) the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or (b) the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code) of a person exercising an official function during the performance of that function; or (c) fraudulent conduct (within the meaning of Part 7.3 of the Criminal Code); whether under the law of the Commonwealth, a State, a Territory or another country. " production certificate " means a production certificate issued under subregulation 21.134(1). " prohibited area " has the same meaning as in regulation 3 of the Airspace Regulations 2007. " provisional certificate of airworthiness " means a Class I or Class II provisional certificate of airworthiness. " provisional type certificate " means a Class I or Class II provisional type certificate. " psychoactive substance "--see clause 60 of Part 2 of this Dictionary. " psychoactive substance offence " means an offence: (a) of which an element is the possession, use or excessive use of a psychoactive substance; or (b) of which the substance is importing, or trafficking in, a psychoactive substance; or (c) of which an element is being under the influence of a psychoactive substance; or (d) of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or (e) the substance of which is refusal to provide a blood, breath or urine sample for analysis; or (f) of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e). Note: Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine, or caffeine-containing confectionery--see Part 2 of this Dictionary. " public gathering" means an assembly of people at a place on the basis of a general public invitation to attend at that place, whether or not a charge is made for attendance. " qualified flight simulator "means a flight simulator that is qualified under Part 60 of CASR. " qualified flight training device " means a flight training device that is qualified under Part 60 of CASR. " recognised country "--see regulation 21.010B. " recreational unmanned aircraft " means an aircraft that: (a) is not designed for, nor capable of, accommodating a person; and (b) is used only for sport and recreation. " recurrent training ": see regulation 142.035. " registered " means registered under Part 47. " registered aerodrome "means an aerodrome that is registered under regulation 139.265. " registered operator ", of an aircraft, has the meaning given by regulation 47.100. " registered training organisation " has the meaning given by section 3 of the National Vocational Education and Training Regulator Act 2011. " registration holder " of an aircraft means the person whose name is entered in the Australian Civil Aircraft Register as that of the aircraft's owner. " registration mark ", of an aircraft, means the registration mark assigned to the aircraft under Subpart 47.G. " regular public transport operations " means operations for the commercial purpose mentioned in paragraph 206(1)(c) of CAR. " relevant approved design organisation " , in relation to a design activity, within the meaning given by regulation 21.233, and an aircraft or aeronautical product of a particular kind, means an approved design organisation that is approved under Subpart 21.J to carry out that design activity in relation to aircraft or aeronautical products of that kind. " required navigational performance ", for an area of airspace, or a route, means the navigational performance specified in the AIP for that area of airspace or route. " restricted area " has the same meaning as in regulation 3 of the Airspace Regulations 2007. " restricted category ", for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.025. " rocket " means a pilotless vehicle powered by reaction that carries all the components necessary to provide its jet. " route segment " means a portion of a route. RTCA/DO-200A means the latest version of RTCA/DO-200A, Standards for Processing Aeronautical Data, issued by RTCA, Inc, as in force from time to time. Note: RTCA/DO-200A could in 2014 be viewed on the RTCA's website (http://www.rtca.org). " runway visual range " means the range, measured using an electronic instrument, over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line. " sailplane " means a heavier-than-air aircraft: (a) that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces; and (b) the free flight of which does not depend on an engine. " small balloon "--see subregulation 101.145(3). " small UAV "--see regulation 101.240. " solo ", in relation to a flight of an aircraft, has the meaning given by regulation 61.010. " special certificate of airworthiness "--see regulation 21.175. " special class ", for aircraft--see subregulation 21.017(2). " special condition " means a special condition imposed under subregulation 21.016(1). " special flight permit " means a special flight permit issued under regulation 21.200. " specialised helicopter operation " means a helicopter operation that involves the carriage of persons or cargo: (a) between the coast of Australia and an off-shore installation; or (b) between off-shore installations; or (c) to or from the helipad of: (i) a hospital; or (ii) a State or Territory service (however described) established to provide assistance in emergencies. " standard certificate of airworthiness " see regulation 21.175. " standard part " means a part that complies with a specification that: (a) is established, published and maintained by: (i) an organisation that sets consensus standards for products; or (ii) a government agency; and (b) includes: (i) design, manufacturing, test and acceptance criteria; and (ii) requirements for the uniform identification of the part. Example: For subparagraph (a)(i), the Institute of Electrical and Electronics Engineers--see http://www.ieee.org/portal/site. State of Design has the meaning given by Annex 8 to the Chicago Convention. " State of registry ", for a foreign registered aircraft, means the foreign country on whose register the aircraft is entered. " student pilot " means: (a) for aircraft other than balloons--a person who is authorised to pilot an aircraft under regulation 61.112; or (b) for balloons--a person who: (i) does not hold a commercial (balloon) pilot licence within the meaning of subregulation 5.01(1) of CAR; and (ii) is receiving balloon flight training. " successfully participating ", in an operator's approved cyclic training and proficiency program, has the meaning given by regulation 61.010. " supplemental type certificate " means a supplemental type certificate issued under regulation 21.113A. " synthetic training device " means: (a) a flight simulator; or (b) a flight training device; or (c) a basic instrument flight trainer. " terminal instrument flight procedure " means an instrument approach procedure or instrument departure procedure. " tethered ", in relation to a lighter-than-air aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit movement. " tethered balloon "--see regulation 101.105. " these Regulations " includes CAR. " time-in-service " means: (a) for an aircraft--each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight; and (b) for an aircraft engine or propeller that is fitted to an aircraft--each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight. " tour of duty ", for a flight crew member: (a) means a period from when the member begins any duties associated with his or her employment before making a flight or series of flights until the member is finally relieved of all such duties after the end of the flight or flights; and (b) includes a period during which the member is required by an operator to hold himself or herself available at an aerodrome for the performance of any such duties. " training endorsement ": see regulation 61.010. " TSO "--see paragraph 21.601(2)(ab). " type ", for an aircraft, aircraft engine or propeller, means a design and make of aircraft, aircraft engine or propeller and, where appropriate, refers to a group of essentially similar aircraft, aircraft engines or propellers which, although possibly existing in different models, stem from a common basic design. " type acceptance certificate " means a type acceptance certificate issued under regulation 21.029A. " type certificate "-- see regulation 21.041. " type certificated "means issued with a type certificate or type acceptance certificate. " type certificate data sheet " means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller. " type certification basis ", for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a type certificate. " type design "-- see regulation 21.031. " UAV "--see regulation 101.240. " unmanned free balloon " means a balloon other than a manned free balloon. " unpowered aircraft " means an aircraft other than a powered aircraft. " variant ": see regulation 61.010. " very light aeroplane " means an aeroplane of a kind mentioned in clause CS-VLA 1 of EASA CS-VLA, as in force from time to time. " VSO "means the stalling speed or the minimum steady flight speed in the landing configuration. Source FARs section 1.2. Part 2 --Interpretation of certain expressions not defined in Part 1 1 Parts and materials excluded from the definition of aeronautical product (1) For the definition of aeronautical product in section 3 of the Act, a part or material that is part of or used in an aircraft is excluded if: (a) the part or material: (i) is not mentioned in the approved design for the aircraft; and (ii) is not approved in a manner mentioned in regulation 21.305 or 21.305A; or (b) the part or material is mentioned in a legislative instrument issued under subclause (2). (2) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that specifies that a part or material is excluded from the definition of aeronautical product in section 3 of the Act. 3 Definition of air transport operation (1) Air transport operation means a passenger transport operation, or a cargo transport operation, that: (a) is conducted for hire or reward; or (b) is prescribed by an instrument issued under regulation 201.025. (2) However, an operation conducted for a purpose mentioned in paragraph 206(1)(a) of CAR is not an air transport operation. 5 When an aircraft is airworthy Note: This clause is reserved for future use. 15 Reference to Annexes to Chicago Convention In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time. 18 Meaning of authorised release certificate (1) For the purposes of CAR: " authorised release certificate ", for an aircraft component, means a document that complies with regulation 42WA of CAR. (2) For the purposes of CASR: " authorised release certificate ", for an aeronautical product, means: (a) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by or under Part 21--a document: (i) issued by the manufacturer of the product; and (ii) that includes a statement to the effect that the product is serviceable, within the meaning given by subregulation 42.015(1); or (b) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by the law of a foreign country--a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (a); or (c) if maintenance has been carried out on the product under these Regulations--a certificate of release to service for the product in relation to the maintenance issued under Division 42.H.4 that is in the approved form; or (d) if maintenance has been carried out on the product under the law of a foreign country--a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (c). Note 1: For paragraph (a), Part 21 permits the manufacture of aeronautical products in a number of ways, including under APMAs, ATSO authorisations, type certificates and production certificates. Note 2: For paragraph (c): (a) a certificate of release to service for an aeronautical product in relation to maintenance carried out on an aeronautical product that is not in-house maintenance must be in the approved form: see subregulation 42.810(1); and (b) a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on an aeronautical product must either be in the approved form or be in the form of an in-house release document: see subregulation 42.810(2). 25 Extended meaning of charged with in relation to certain offences (1) In these Regulations: " charged with " has, in addition to its ordinary meaning, the meaning given by subclause (2). (2) For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if: (a) a law provides for the issue, in relation to the offence, of an expiation notice; and (b) such a notice is issued to the person in relation to the offence. 35 Extended meaning of convicted (1) In these Regulations: " convicted " has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4). (2) For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if: (a) the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or (b) the person has been found guilty of the offence but discharged without conviction. (3) In addition, a person is taken to have been convicted of a psychoactive substance offence if: (a) a law provides for the issue, in relation to the offence, of an expiation notice; and (b) such a notice was issued to the person in relation to the offence; and (c) the person paid the penalty required by the notice. (4) However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations. 36 References to particular kinds of flight crew licences, ratings and endorsements A reference in these Regulations to a particular kind of flight crew licence, rating or endorsement: (a) means a flight crew licence, rating or endorsement of that kind that may be granted under Part 61 (Flight crew licensing); and (b) includes a certificate of validation of an overseas flight crew licence that is equivalent to that kind of flight crew licence, rating or endorsement. Example 1: For paragraph (a), a reference to a commercial pilot licence is a reference to a commercial pilot licence granted under Part 61. Example 2: For paragraph (a), a reference to an aeroplane low-level endorsement is a reference to an aeroplane low-level endorsement granted under Part 61. Example 3: For paragraph (b), a reference to a commercial pilot licence includes a reference to a certification of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence granted under Part 61. 37 References to flight manual (1) A reference in these Regulations to an aircraft's flight manual: (a) is a reference to: (i) if the aircraft's type certification basis required the provision of an aircraft flight manual--that manual; or (ii) if regulation 21.005 applies to the aircraft--the manual that must be given to the owner of the aircraft under that regulation; or (iii) for an aircraft not mentioned in subparagraph (i) or (ii)--another document that contains the aircraft's operating limitations and other information required for safe operation of the aircraft; and (b) includes each amendment to the flight manual that: (i) is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or (ia) is approved by a person mentioned in subclause (2); or (ii) is made at the direction of CASA under Subpart 11.G; or (iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate; and (c) includes each supplement to the flight manual that: (i) is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or (ia) is approved by a person mentioned in subclause (2); or (ii) is made at the direction of CASA under Subpart 11.G; or (iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate. (2) For subparagraphs (1)(b)(ia) and (1)(c)(ia), the persons are the following: (a) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; (b) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--the national aviation authority or a person authorised to do so by the national aviation authority. 40 References to operating an aircraft in an area In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area. 45 References to EASA certification specifications In these Regulations, a reference to EASA, followed by the letters CS, a hyphen and a number, letter or letters, is a reference to the certification specifications, including airworthiness codes and acceptable means of compliance, produced by EASA and identified by that number, letter or letters. 50 References to pilot-in-command Note: This clause is reserved for future use. 55 References to populous areas etc Note: This clause is reserved for future use. 60 Meaning of psychoactive substance (1) In these Regulations: " psychoactive substance " has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention. Note: The definition in that Annex is: Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded. (2) To avoid doubt, in these Regulations: " psychoactive substance ": (a) includes: (i) a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and (ii) a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but (b) does not include: (i) tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine or guarana; or (ii) confectionery containing caffeine or guarana. (3) In paragraph (a) of the definition of psychoactive substance in subclause (2): " therapeutic substance " means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989.65 Recognised foreign training providers Note: This clause is reserved for future use. Part 3 --Definitions for this Part, Parts 42, 66, 145 and 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG 1 General In this Part, Parts 42, 66, 145 and 147, and Subparts 202.BA, 202.CG, 202.GE and 202.GG: aircraft type training , for a rating, means the training for the rating delivered by a maintenance training organisation in accordance with a course plan for the training approved by CASA under regulation 147.030. " approval rating ": (a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.015(1); and (b) for a Part 145 organisation--has the meaning given by subregulation 145.010(1). " approved maintenance organisation "means a Subpart 42.F organisation or a Part 145 organisation. " aviation industry standard " means a document specified in the Part 42 Manual of Standards as an aviation industry standard. base maintenance , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being base maintenance for the organisation. " CAR maintenance activities " means the following activities conducted under Part 4A of CAR: (a) carrying out maintenance on a registered aircraft to which Part 42 does not apply, or on an aircraft component or aircraft material for an aircraft of that kind; (b) certifying the completion of maintenance carried out on an aircraft or aircraft component; (c) issuing a maintenance release for an aircraft; (d) endorsing a maintenance release for an aircraft; (e) issuing an authorised release certificate for an aircraft component. " CAR maintenance activities subcontractor " , for an approved maintenance organisation: see clause 21. " carries out maintenance ", in relation to an approved maintenance organisation, has the meaning given by subclause 5(5). " carrying out maintenance on an aeronautical product " has the meaning given by subclause 5(2). " carrying out maintenance on an aircraft " has a meaning affected by clause 5. " category A licence " means a subcategory A1, A2, A3 or A4 aircraft engineer licence. category B1 licence means a subcategory B1.1, B1.2, B1.3 or B1.4 aircraft engineer licence. category B2 licence means a category B2 aircraft engineer licence. " category C licence "means a category C aircraft engineer licence. " category training ", for a category A, B1 or B2 licence, means training in the required units of competency for the licence or rating. " certification authorisation " means an authorisation that an approved maintenance organisation grants to an individual in accordance with the Part 42 Manual of Standards or the Part 145 Manual of Standards to do either or both of the following on behalf of the organisation: (a) perform maintenance certifications; (b) issue certificates of release to service. " certifying employee ", for particular maintenance, means an individual who holds a certification authorisation that is in force from an approved maintenance organisation for the maintenance. " employee ", in relation to an approved maintenance organisation, includes: (a) a maintenance services subcontractor; and (b) a CAR maintenance activities subcontractor. excluded State means a foreign country specified as an excluded State in the Part 66 Manual of Standards. " exempt public authority " has the meaning given by section 9 of the Corporations Act 2001. " foreign company " means: (a) a body corporate: (i) that is incorporated in an external Territory, or outside Australia and the external Territories; and (ii) that is not an exempt public authority; or (b) an unincorporated body that: (i) is formed in an external Territory, or outside Australia and the external Territories; and (ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and (iii) does not have its head office or principal place of business in Australia. foreign licence means: (a) a licence that: (i) is granted under a national aviation law of a foreign country, other than a foreign country that is an excluded State; and (ii) complies with Annex 1, Personnel Licensing, to the Chicago Convention; and (iii) deals with the provision of maintenance services; or (b) an authorisation that: (i) is issued by a foreign company, other than a foreign company incorporated or formed in an excluded State; and (ii) deals with the provision of maintenance services; or (c) a licence mentioned in paragraph (a) and an authorisation mentioned in paragraph (b) that together deal with the provision of maintenance services. " instructions for continuing airworthiness " , for an aircraft or aeronautical product, has the meaning given by clause 10. large aircraft means: (a) an aeroplane that: (i) has a maximum take-off weight of more than 5 700 kg; and (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of small aircraft ; or (b) an aeroplane that: (i) has a maximum take-off weight of not more than 5 700 kg; and (ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft; or (c) a helicopter that: (i) has more than 1 engine; and (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of small aircraft ; or (d) a helicopter that: (i) has only 1 engine; and (ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft. line maintenance , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being line maintenance for the organisation. " maintenance certification " means a certification performed under Division 42.H.2. " maintenance data " has the meaning given by clause 15. " maintenance services "means the following: (a) carrying out maintenance on an aircraft or an aeronautical product; (b) performing maintenance certification for maintenance carried out on an aircraft; (c) issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product. " maintenance services subcontractor ", for an approved maintenance organisation, has the meaning given by clause 20. " maintenance training "means category training or aircraft type training. " maintenance training organisation " means a person who holds an approval under regulation 147.030 that is in force. Part 66 Manual of Standards means the Manual of Standards issued by CASA under regulation 66.015. Part 145 Manual of Standards means the Manual of Standards issued by CASA under regulation 145.015. Part 147 Manual of Standards means the Manual of Standards issued by CASA under regulation 147.015. " permitted aircraft type "means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as one for which an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment. " permitted training " means: (a) training and assessment for an aircraft type, within the meaning given by regulation 66.010, aircraft system or subset of an aircraft system specified in the Part 66 Manual of Standards as one for which a Part 145 organisation may provide training and assessment; or (b) training and assessment for a permitted aircraft type. " provides " has the meaning given by clause 25. rating means an authorisation granted under regulation 66.080 or 66.095, being a permission: (a) to perform maintenance certification, under a category B1 or B2 licence, for maintenance carried out on a particular aircraft type; or (b) to issue a certificate of release to service, under a category B1, B2, or C licence, for an aircraft of a particular aircraft type in relation to maintenance carried out on the aircraft. recognised State means a foreign country specified as a recognised State in the Part 66 Manual of Standards. small aircraft means: (a) an aeroplane that: (i) has a maximum take-off weight of not more than 5 700 kg; and (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of large aircraft; or (b) an aeroplane that: (i) has a maximum take-off weight of more than 5 700 kg; and (ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft; or (c) a helicopter that: (i) has only 1 engine; and (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of large aircraft ; or (d) a helicopter that: (i) has more than 1 engine; and (ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft. " specialist maintenance " means: (a) for a Subpart 42.F organisation: (i) maintenance specified in the Part 42 Manual of Standards as specialist maintenance; and (ii) maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation; and (b) for a Part 145 organisation: (i) maintenance specified in the Part 145 Manual of Standards as specialist maintenance; and (ii) maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation. Subpart 42.F organisation means a person who holds an approval under regulation 42.515 that is in force. " supervising , in relation to maintenance being carried out," has the meaning given by clause 30. " type rated aircraft type , for an aircraft engineer licence," means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as a type rated aircraft type for the licence. " unit of competency "means a unit of the Australian Qualifications Framework Aeroskills Training Package, as in force from time to time.5 Definitions relating to carrying out maintenance Meaning of carrying out maintenance on an aircraft (1) A reference to carrying out maintenance on an aircraft includes: (a) carrying out maintenance on an aeronautical product that is fitted to the aircraft at the time the maintenance is carried out; and (b) carrying out maintenance on an aeronautical product that is not fitted to the aircraft at the time the maintenance is carried out, in the circumstances mentioned in subclause (3) or (4). Meaning of carrying out maintenance on an aeronautical product (2) A reference to carrying out maintenance on an aeronautical product is a reference to carrying out maintenance on an aeronautical product that is not fitted to an aircraft at the time the maintenance is carried out, other than in the circumstances mentioned in subclause (3) or (4). (3) The circumstances are that: (a) the aeronautical product (the removed product) is removed from a location on the aircraft; and (b) the removal of the removed product is permitted, by the maintenance data for maintenance to be carried out on the removed product, for the purpose of improving access for the carrying out of maintenance on that product; and (c) the removed product is returned to the same location on the aircraft at the completion of the maintenance for which it was removed. (4) The circumstances are that: (a) the aeronautical product (the removed product) is removed from a location on the aircraft; and (b) the removal of the removed product is for the purpose of carrying out maintenance that is necessary to rectify a defect in the removed product; and (c) the maintenance data for the maintenance does not require the use of specified tools or equipment for carrying out the maintenance; and (d) the removed product is returned to the same location on the aircraft at the completion of the maintenance; and (e) the serviceability of the removed product can be tested, using an aircraft system, after the removed product is returned to the aircraft. Carrying out of maintenance by approved maintenance organisations (5) An approved maintenance organisation carries out maintenance if the maintenance is carried out on the organisation's behalf by an individual. 10 Meaning of instructions for continuing airworthiness (1) Instructions for continuing airworthiness, for an aircraft or aeronautical product, means written instructions, as in force from time to time: (a) that specify requirements, procedures and standards for the continuing airworthiness of the aircraft or aeronautical product; and (b) that are: (i) issued by any of the persons mentioned in subclause (2); or (ii) for an aircraft or aeronautical product for which there is a design for a modification or repair that is taken to have been approved under subregulation 21.465 or 21.470--included, or referred to, in the document that contains the design. (2) The persons are the following: (a) the holder of the type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate for the aircraft or aeronautical product; (b) the holder of any of the following for the design of a modification of, or a repair to, the aircraft or aeronautical product: (i) a modification/repair design approval; or (ii) an approval mentioned in regulation 21.475; or (iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056; (c) the manufacturer of the aircraft or aeronautical product. 15 Meaning of maintenance data (1) Subject to subclauses (2), (3) and (4), maintenance data, for maintenance to be carried out on an aircraft or aeronautical product, means procedures for carrying out the maintenance, as in force from time to time, that are mentioned in: (a) the instructions for continuing airworthiness for the aircraft or aeronautical product; or (b) if the instructions for continuing airworthiness do not include procedures for carrying out the maintenance--an aviation industry standard that applies to the maintenance. (2) Subject to subclauses (3) and (4), if, at a particular time: (a) a Part 145 organisation is carrying out maintenance on an aircraft or aeronautical product; and (b) the organisation has written a procedure for carrying out the maintenance; then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the organisation. (3) Subject to subclause (4), if, at a particular time: (a) a continuing airworthiness management organisation is providing continuing airworthiness services for an aircraft; and (b) the organisation has written a procedure for carrying out the maintenance on the aircraft or on an aeronautical product fitted to the aircraft; then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the aircraft or aeronautical product. (4) If, at a particular time, an airworthiness directive that applies to an aircraft or aeronautical product mentions a procedure for carrying out the maintenance, then, at that time, the procedure in the airworthiness directive is the maintenance data for the maintenance. 20 Meaning of maintenance services subcontractor (1) A person is a maintenance services subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to provide maintenance services on behalf of the organisation. (2) An employee of a maintenance services subcontractor under subclause (1) is also a maintenance services subcontractor. 21 Meaning of CAR maintenance activities subcontractor (1) A person is a CAR maintenance activities subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to undertake CAR maintenance activities on behalf of the organisation. (2) An employee of a CAR maintenance activities subcontractor under subclause (1) is also a CAR maintenance activities subcontractor. 25 Meaning of provides An organisation provides any of the following services or training if its employees provide the service or training for or on behalf of the organisation: (a) maintenance services; (b) permitted training; (c) continuing airworthiness management services; (d) maintenance training. 30 Meaning of supervising A person (the supervisor) is supervising the carrying out of maintenance done by another person if the supervisor: (a) is physically present at the place that the maintenance is being carried out; and (b) is observing the maintenance being carried out to the extent necessary to enable the supervisor to form an opinion as to whether the maintenance is being carried out properly; and (c) is available to give advice to, and answer questions about the maintenance from, the person carrying it out. CIVIL AVIATION SAFETY REGULATIONS 1998 - NOTES Statutory Rules No. 237, 1998 Compilation No. 71 Compilation date: 4 July 2016 Includes amendments up to: F2016L00717 Registered: 7 July 2016 This compilation is in 4 volumes Volume 1: regulations 1.001-42.1105 Volume 2: regulations 45.005-92.205 Volume 3: regulations 99.005-137.300 Volume 4: regulations 139.005-202.900 Dictionary and Endnotes Each volume has its own contents This compilation includes commenced amendments made by SLI No. 245, 2015 and SLI No. 246, 2015 About this compilation This compilation This is a compilation of the Civil Aviation Safety Regulations 1998 that shows the text of the law as amended and in force on 4 July 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1--Preliminary 1 1.001..................... Name of Regulations.......................................................... 1 1.003..................... Harmonisation with FARs.................................................. 1 1.004..................... Dictionary........................................................................... 2 1.005..................... Appendixes......................................................................... 2 1.006..................... Status of tables of contents................................................. 3 1.008..................... Inconsistency between MOS and Act or Regulations......... 3 Part 11--Regulatory administrative procedures 4 Subpart 11.A--Preliminary 7 11.005................... Purpose of Part................................................................... 7 11.010................... What is in this Part.............................................................. 7 11.015................... Definitions for Part............................................................. 8 11.018................... Approval of forms.............................................................. 9 Subpart 11.B--Applications for authorisations 10 11.020................... Effect of this Subpart........................................................ 10 11.025................... Application of Part 11 to authorised persons.................... 10 11.026................... Application of Part 11 to approved design organisations.. 10 11.028................... Application of Part 11 to examiners, instructors and approval holders 11 11.030................... When application taken to be complete............................. 11 11.032................... Application for authorisation after previous authorisation cancelled 12 11.035................... Other things CASA can ask applicant to do--test or interview 12 11.040................... Other things CASA can ask applicant to do--provide more information 13 11.045................... Other things CASA can ask applicant to do--demonstrate a service or facility 14 11.047................... Other things CASA can ask applicant to do--statutory declarations to verify applications 15 11.050................... Material that CASA may or must take into account.......... 15 Subpart 11.BA--Granting authorisations etc 17 11.055................... Grant of authorisation....................................................... 17 11.056................... Authorisation may be granted subject to conditions.......... 20 11.060................... Notice of decision............................................................. 21 11.065................... When authorisation comes into effect............................... 21 11.067................... Imposing and varying conditions after grant of authorisation 22 11.068................... Conditions imposed on class of authorisations................. 23 11.070................... Conditions of authorisations--change of name or address 24 11.071................... Conditions of authorisations--change of nationality........ 25 11.072................... Conditions of authorisations--change of business status. 25 11.073................... Conditions of authorisations--notice of death, dissolution etc 27 11.074................... Conditions of authorisations--notice required by CASA. 28 11.075................... Conditions of authorisations--provision of information.. 29 11.077................... Breach of conditions--offence......................................... 29 11.080................... Authorisations not transferable......................................... 30 Subpart 11.C--Authorisation documents, certificates and related matters 31 11.090................... Authorisation document--authorisations to which Chicago Convention, Annex 1 applies 31 11.095................... Authorisation document--maintenance operation authorisations 31 11.100................... Registration certificate (Chicago Convention, Annex 7)... 31 11.105................... Certificate of Airworthiness (Chicago Convention, Annex 8) 31 11.110................... Authorisation document--other authorisations................. 32 11.115................... Replacement documents.................................................... 32 Subpart 11.D--Applications for variation, suspension and cancellation of authorisations 33 11.120................... What Subpart 11.D is about.............................................. 33 11.125................... Application of Subparts 11.B and 11.BA to variation of authorisation 33 11.130................... Suspension or cancellation of authorisation...................... 34 11.132................... Effect of suspension......................................................... 34 Subpart 11.E--Time-limited authorisations 35 11.135................... Purpose of Subpart........................................................... 35 11.140................... Continuation of authorisation until application decided..... 35 11.145................... Application of Subparts 11.B and 11.BA......................... 36 11.150................... Conditions on new authorisation...................................... 36 Subpart 11.F--Exemptions from provisions of these Regulations and Civil Aviation Orders 37 Division 11.F.1--Grant of standard exemptions 37 11.155................... Purpose of Division.......................................................... 37 11.160................... What exemptions can be granted under this Division....... 37 11.165................... Applications for exemptions............................................. 38 11.170................... Consideration of applications............................................ 38 11.175................... Renewal of exemptions under this Division..................... 39 Division 11.F.2--Grant of exemptions in exceptional circumstances 40 11.180................... Purpose of Division.......................................................... 40 11.185................... Exemptions in exceptional circumstances......................... 40 11.190................... Application....................................................................... 41 11.195................... Consideration by CASA................................................... 41 Division 11.F.3--Exemptions generally 42 11.200................... Purpose of Division.......................................................... 42 11.205................... Conditions........................................................................ 42 11.210................... Offence: failure to comply with condition......................... 42 11.220................... Notice of grant of exemption............................................ 42 11.225................... Publication of exemption.................................................. 43 11.230................... When exemptions cease.................................................... 43 11.235................... Exemptions not transferable.............................................. 43 Subpart 11.G--Directions 44 11.240................... Purpose of Subpart........................................................... 44 11.245................... CASA may issue directions.............................................. 44 11.250................... Period of effect of direction.............................................. 44 11.255................... Contravention of direction................................................ 45 Subpart 11.H--Delegation of CASA's powers 46 11.260................... Delegation......................................................................... 46 Subpart 11.J--Manuals of Standards--procedures 47 11.265................... Purpose of Subpart........................................................... 47 11.267................... Application of Subpart to amendment or revocation of Manual of Standards 47 11.270................... Definition--MOS............................................................. 47 11.275................... Notice of intention to issue Manuals of Standards not required in certain circumstances 47 11.280................... Notice of intention to issue Manuals of Standards............ 48 11.285................... Comments on draft Manuals of Standards........................ 49 11.290................... CASA to consider comments on draft Manuals of Standards 49 11.295................... Failure to comply with procedures not to affect validity of Manuals of Standards 49 Part 13 --Enforcement procedures 50 Subpart 13.K--Voluntary reporting and demerit points schemes 50 Division 13.K.1--Aviation Self Reporting Scheme 50 13.320................... Definitions........................................................................ 50 13.325................... Contraventions that are not reportable............................... 50 13.330................... Prescribed person (Act s 30DM)...................................... 51 13.335................... Establishment and purposes of scheme (Act s 30DN)...... 51 13.340................... Powers and functions of Executive Director..................... 51 13.345................... Manner in which reports to be made (Act s 30DN(2)(b)) 52 13.350................... Processing of reports........................................................ 52 13.355................... Reports relating to unlawful interference.......................... 53 13.360................... Use of information contained in reports (Act s 30DN(2)(c)) 54 13.365................... Delegation by Executive Director..................................... 54 Division 13.K.2--Demerit points scheme 55 13.370................... Offences to which demerit points scheme applies (Act s 30DT) 55 13.375................... Classes of civil aviation authorisations............................. 55 13.380................... Effect of subsequent suspension or cancellation in certain situations (Act s 30DV) 57 Part 21--Certification and airworthiness requirements for aircraft and parts 58 Subpart 21.A--General 67 21.001................... Applicability..................................................................... 67 21.001A................ Definition for Subpart....................................................... 67 21.002C................. Suspension or cancellation of an instrument..................... 67 21.002D................ Show cause notices........................................................... 68 21.002E................. Cancellation of certain certificates..................................... 69 21.003................... Reporting failures, malfunctions, and defects................... 69 21.005................... Manufacturers etc to provide aircraft flight manuals for certain aircraft 72 21.006................... Approval of aircraft flight manuals................................... 74 21.006A................ Approval of changes to aircraft flight manuals................. 74 21.007................... Permissible unserviceabilities........................................... 75 21.007A................ Advice about major damage.............................................. 77 21.008................... Meaning of technical data................................................ 77 21.009................... Approval of technical data................................................ 78 21.010................... References to modifications and repairs in Part................ 79 21.010A................ References to the national aviation authority of a recognised country 79 21.010B................. Definition of recognised country...................................... 80 21.010C................. References to countries with which Australia has agreements 81 21.010D................ Issue of Manual of Standards for Part 21......................... 81 Subpart 21.B--Type certificates and type acceptance certificates 83 21.011................... Applicability..................................................................... 83 21.013................... Eligibility.......................................................................... 83 21.013A................ Issue of type certificate..................................................... 83 21.014................... Recognition of foreign certification................................... 84 21.015................... Application for type certificate.......................................... 84 21.016................... Special standards and other conditions on type certificates 85 21.017................... Designation of applicable airworthiness standards........... 86 21.019................... Changes requiring a new type certificate........................... 87 21.021................... Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers....... 88 21.024................... Type certificate: primary category aircraft......................... 89 21.025................... Issue of type certificate: restricted category aircraft........... 91 21.026................... Type certificate: intermediate category aircraft.................. 92 21.027................... Type certificate: surplus aircraft of the Armed Forces...... 93 21.029................... Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country........................................ 96 21.029A................ Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country.............................................................................. 97 21.029B................. Issue of type acceptance certificates subject to conditions. 98 21.029C................. Refusal to issue type acceptance certificate....................... 99 21.031................... Type design--meaning..................................................... 99 21.033................... Inspection and tests......................................................... 101 21.035................... Flight tests...................................................................... 102 21.037................... Flight test pilot................................................................ 104 21.039................... Flight test instrument calibration and correction report... 104 21.041................... Type certificate--meaning.............................................. 105 21.043................... Location of manufacturing facilities................................ 105 21.047................... Transfer of type certificates............................................. 106 21.048................... Licensing of type certificates........................................... 106 21.049................... Availability..................................................................... 107 21.050................... Instructions for continued airworthiness and manufacturer's maintenance manuals having airworthiness limitations sections.......................................................... 107 21.051................... Type certificates and type acceptance certificates--duration and suspension or cancellation 108 21.053................... Statement of conformity.................................................. 110 Subpart 21.C--Provisional type certificates 111 21.071................... Applicability................................................................... 111 21.073................... Eligibility........................................................................ 111 21.075................... Application..................................................................... 112 21.076................... Issue of provisional type certificate................................. 112 21.077................... Duration.......................................................................... 112 21.078................... Suspension and cancellation........................................... 113 21.081................... Requirements for issue and amendment of Class I provisional type certificates 113 21.083................... Requirements for issue and amendment of Class II provisional type certificates 115 21.085................... Provisional amendments to type certificates.................... 116 Subpart 21.D--Changes to type certificates 119 21.091................... Applicability................................................................... 119 21.093................... Classification of changes in type design......................... 119 21.095................... Approval of minor changes in type design..................... 119 21.097................... Eligibility for approval of major changes in type design. 120 21.098................... Issue of approval of major change in type design........... 121 21.099................... Required design changes................................................ 121 21.101................... Designation of applicable regulations............................. 122 Subpart 21.E--Supplemental type certificates 124 21.111................... Applicability................................................................... 124 21.113................... Eligibility for supplemental type certificate..................... 124 21.113A................ Issue of supplemental type certificate.............................. 124 21.114................... Foreign supplemental type certificates............................ 125 21.115................... Entitlement to supplemental type certificate--meeting applicable airworthiness requirements 125 21.117................... What supplemental type certificates are taken to consist of 126 21.118................... Duration, suspension and cancellation of supplemental type certificates 126 21.119................... Duration, suspension and cancellation of foreign supplemental type certificates 127 21.120................... Transfer of supplemental type certificates....................... 128 21.120A................ Licensing of supplemental type certificates..................... 128 21.120B................. Variations of supplemental type certificates.................... 129 Subpart 21.F--Production under type certificate only 131 21.121................... Applicability................................................................... 131 21.123................... Production under type certificate..................................... 131 21.125................... Production inspection system: Materials Review Board. 132 21.127................... Tests: aircraft.................................................................. 133 21.128................... Tests: aircraft engines..................................................... 134 21.129................... Tests: variable pitch propellers........................................ 135 21.130................... Statement of conformity.................................................. 135 21.130A................ Records to be kept by manufacturer................................ 136 Subpart 21.G--Production certificates 138 21.131................... Applicability................................................................... 138 21.132................... Definitions for Subpart 21.G.......................................... 138 21.132A................ Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation......................................... 139 21.133................... Eligibility........................................................................ 140 21.134................... Issue of production certificate......................................... 141 21.135................... Requirements for entitlement.......................................... 142 21.137................... Location of manufacturing facilities................................ 142 21.139................... Quality system................................................................ 142 21.143................... Quality system data requirements: prime manufacturer... 143 21.144................... Production inspection system......................................... 144 21.145................... Materials Review Board................................................. 145 21.147................... Changes in quality system.............................................. 146 21.149................... Multiple products............................................................ 146 21.151................... Production limitation record............................................ 147 21.153................... Amendment of production certificate.............................. 147 21.157................... Inspections and tests....................................................... 147 21.159................... Duration.......................................................................... 148 21.161................... Display........................................................................... 148 21.163................... Privileges for holders of production certificates--conduct of training in particular maintenance 149 21.165................... Responsibility of holder of production certificate........... 150 21.166................... Records to be kept by holder of production certificate.... 151 Subpart 21.H--Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits 153 21.171................... Applicability................................................................... 153 21.172................... Definitions for Subpart................................................... 153 21.173................... Eligibility........................................................................ 154 21.175................... Certificates of airworthiness: classification..................... 154 21.176................... Issue of certain certificates of airworthiness................... 155 21.179................... Transferability................................................................. 156 21.181................... Duration of certain certificates of airworthiness.............. 156 21.182................... Aircraft manufacturer's data plate................................... 158 21.183................... Standard certificates of airworthiness............................. 159 21.184................... Special certificates of airworthiness for primary category aircraft 161 21.184A................ Special certificates of airworthiness for intermediate category aircraft 164 21.185................... Certificates of airworthiness for restricted category aircraft 165 21.186................... Special certificates of airworthiness for light sport aircraft 167 21.187................... Multiple-category airworthiness certification.................. 169 21.189................... Special certificate of airworthiness for limited category aircraft 170 21.190................... Special certificates of airworthiness--amateur-built category aircraft accepted under an ABAA 171 21.191................... Experimental certificates................................................. 173 21.192................... Experimental certificates: eligibility................................. 174 21.193................... Experimental certificates: general.................................... 174 21.195................... Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training............................................................................ 176 21.195A................ Issue of experimental certificates.................................... 177 21.195B................. Duration, production for inspection, suspension and cancellation of experimental certificates 177 21.195C................. Exercise of certain powers by authorised persons and relevant approved design organisations 179 21.196................... Special flight permits: eligibility...................................... 179 21.197................... Special flight permits...................................................... 179 21.199................... Applications for special flight permits............................ 180 21.200................... Issue of special flight permits......................................... 181 21.201................... Inspection, suspension and cancellation of special flight permits 182 Subpart 21.I--Provisional certificates of airworthiness 183 21.211................... Applicability................................................................... 183 21.213................... Eligibility........................................................................ 183 21.215................... Application..................................................................... 184 21.216................... Issue of provisional certificates of airworthiness............ 184 21.217................... Duration.......................................................................... 184 21.219................... Transferability................................................................. 185 21.221................... Class I provisional certificates of airworthiness.............. 185 21.223................... Class II provisional certificates of airworthiness............ 186 21.225................... Provisional certificates of airworthiness corresponding with provisional amendments to type certificates........................................................................................ 186 Subpart 21.J--Approved design organisations 188 Division 21.J.1--General 188 21.231................... What Subpart 21.J is about............................................. 188 21.233................... Definitions for Subpart 21.J........................................... 188 21.235................... Privileges for approved design organisations................. 192 21.237................... Prohibition of unauthorised carrying out of design activities 192 21.239................... Applications may be made to approved design organisation--approval activities and experimental certificates........................................................................................ 193 Division 21.J.2--Approval as approved design organisation 195 21.241................... Applying for approval.................................................... 195 21.243................... Granting approval........................................................... 195 21.245................... Approval certificate......................................................... 198 21.247................... Approval subject to conditions--general........................ 198 21.248................... Approval subject to conditions--holders of other authorisations under Part 21 and licensees 199 21.249................... Cancellation, suspension and variation of approval........ 199 Division 21.J.3--Authorisation to carry out particular certification activity 201 21.251................... Authorisation of approved design organisations to carry out certification activities 201 Division 21.J.4--Changes to approved design organisations 202 21.253................... Application for approval of change to scope of approval 202 21.255................... Application for approval of change to design assurance system 202 21.256................... Change to design assurance system manual at direction of CASA 203 21.257................... Application for approval of permanent appointment of new accountable manager or head of design 204 21.258................... Permanent appointment of other key personnel--requirement to tell CASA 204 21.259................... Change to exposition by organisation............................. 205 21.261................... Change to exposition at direction of CASA.................... 206 Division 21.J.5--Obligations of approved design organisations 207 21.263................... Content of exposition...................................................... 207 21.265................... Compliance with exposition............................................ 208 21.267................... Design assurance system................................................ 208 21.269................... Requirements for design assurance system--general..... 208 21.270................... Requirements for design assurance system--holders of other authorisations under Part 21 and licensees........................................................................................ 210 21.271................... Compliance with design assurance system manual......... 211 21.273................... Audit of approved design organisation by CASA.......... 211 21.275................... Inspections and observations.......................................... 211 21.277................... Record keeping and production of records to CASA..... 212 21.279................... Directions to comply with specified procedures or instructions 213 21.281................... Investigation of potentially unsafe condition................... 213 21.283................... Requirement to provide employees and subcontractors with exposition and design assurance system manual........................................................................................ 214 Subpart 21.K--Approval of materials, parts, processes and appliances 215 21.301................... Applicability................................................................... 215 21.303................... Replacement and modification parts................................ 215 21.304A................ Changes to an APMA.................................................... 220 21.305................... Approval of materials, parts, processes and appliances.. 220 21.305A................ Approval of materials, parts, processes and appliances not covered by regulation 21.305 220 21.306................... Use of standard parts and materials................................ 221 Subpart 21.L--Export airworthiness approvals 224 21.321................... Applicability................................................................... 224 21.323................... Eligibility........................................................................ 225 21.324................... Issue of export airworthiness approvals......................... 225 21.325................... Export airworthiness approvals...................................... 225 21.327................... Application..................................................................... 227 21.329................... Issue of export airworthiness approvals for Class I products 229 21.331................... Issue of airworthiness approvals for Class II products... 230 21.333................... Issue of export airworthiness approvals for Class III products 231 21.339................... Export airworthiness approval for aircraft...................... 231 Subpart 21.M--Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances 233 Division 21.M.1--Preliminary 233 21.400................... Purpose of Subpart......................................................... 233 21.402................... Definition of proposed airworthiness standards for Subpart 21.M 233 21.403................... Definition of applicable airworthiness standards for Subpart 21.M 233 Division 21.M.2--Modification/repair design approvals 235 21.405................... Applications for modification/repair design approvals.... 235 21.410................... Refusal to grant approval if design constitutes major change in type design 236 21.414................... Determination of additional airworthiness standards--special conditions 236 21.416................... Determination of non-application of airworthiness standards--application to CASA 237 21.418................... Determination of non-application of airworthiness standards--application to authorised person or approved design organisation......................................................... 237 21.420................... Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents....................................................................... 238 21.425................... Applicants to carry out necessary inspections and tests.. 239 21.430................... CASA, authorised person or approved design organisation may carry out or observe certain tests 240 21.435................... Grant of modification/repair design approvals--grant by CASA 241 21.436................... Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety 242 21.437................... Grant of modification/repair design approvals--grant by authorised person or approved design organisation........................................................................................ 243 21.440................... Form of modification/repair design approvals................ 245 21.445................... Variation of modification/repair design approvals.......... 245 Division 21.M.3--Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method 246 21.448................... Approvals to which this Division applies....................... 246 21.450................... Transfer of modification/repair design approvals and approvals granted in accordance with alternative method........................................................................................ 246 21.455................... Record keeping and making records available to CASA 247 21.460................... Instructions for continued airworthiness and flight manual supplement to be made available 247 Division 21.M.4--Other means of approval 249 21.465................... Modifications and repairs directed by CASA................. 249 21.470................... Foreign modification/repair designs................................ 249 21.475................... Part 21 Manual of Standards may prescribe alternative method of approval of modification and repair designs........................................................................................ 250 Subpart 21.N--Approval of engines, propellers, materials, parts and appliances: imported 251 21.500................... Approval of imported aircraft engines and propellers..... 251 21.500A................ Approval of other imported aircraft engines and propellers 252 21.502................... Approval of imported materials, parts and appliances..... 252 21.502A................ Approval of other imported materials, parts and appliances 253 Subpart 21.O--Australian Technical Standard Order Authorisations 254 21.601................... Applicability................................................................... 254 21.603................... ATSO marking and privileges........................................ 255 21.605................... Application and issue...................................................... 255 21.607................... General rules governing holders of ATSO authorisations 257 21.609................... Approval for deviation.................................................... 258 21.611................... Design changes............................................................... 258 21.613................... Record keeping requirements.......................................... 259 21.615................... CASA inspection............................................................ 260 21.617................... Issue of letters of ATSO design approval: import appliances 261 21.619................... Non-compliance.............................................................. 261 21.621................... Duration.......................................................................... 262 Subpart 21.Q--Identification of aircraft and aeronautical products 263 Division 21.Q.1--Preliminary 263 21.805................... Applicability of this Subpart........................................... 263 21.810................... Meaning of fireproof...................................................... 263 Division 21.Q.2--Aircraft, aircraft engines and aircraft propellers 264 21.815................... Applicability of this Division.......................................... 264 21.820................... Manufacturer's data plate must be attached to aircraft..... 264 21.825................... Manufacturer's data plate must be attached to basket of manned free balloon 265 21.830................... Heater assembly of manned free balloon must carry identification mark 266 21.835................... Manufacturer's data plate must be attached to aircraft engine.. 266 21.840................... Aircraft propellers, blades and hubs must carry identification marks 267 Division 21.Q.3--Critical parts 269 21.845................... Applicability of this Division.......................................... 269 21.850................... Identification of critical parts........................................... 269 21.855................... Removal or alteration of identification on critical parts... 269 Division 21.Q.4--Aircraft parts 270 21.860................... Applicability of this Division.......................................... 270 21.865................... Identification of parts produced under an APMA........... 270 21.870................... Identification of parts produced under an APMA if marking is impracticable 271 21.875................... Identification of other aircraft parts................................. 271 21.880................... Identification of other aircraft parts--other than by marking 272 Part 22--Airworthiness standards for sailplanes and powered sailplanes 273 22.001................... Airworthiness standards................................................. 273 22.002................... Incidental provisions....................................................... 273 22.003................... Changes to EASA CS-22............................................... 273 22.004................... Approvals under EASA CS-22...................................... 273 Part 23--Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category 275 23.001................... Airworthiness standards................................................. 275 23.002................... Incidental provisions....................................................... 276 23.003................... Changes to Part 23 of the FARs..................................... 276 23.004................... Changes to EASA CS-VLA........................................... 276 23.005................... Changes to EASA CS-23............................................... 276 23.006................... Approvals under Part 23 of the FARs............................ 276 23.007................... Approvals under EASA CS-VLA.................................. 277 23.008................... Approvals under EASA CS-23...................................... 277 Part 25--Airworthiness standards for aeroplanes in the transport category 279 Subpart 25.A--General 280 25.001................... Airworthiness standards................................................. 280 25.002................... Incidental provisions....................................................... 280 Subpart 25.B--Changes to FARs and EASA CS-25 281 25.003................... Changes to Part 25 of the FARs..................................... 281 25.004................... Changes to EASA CS-25............................................... 281 25.005................... Approvals under Part 25 of the FARs............................ 281 25.006................... Approvals under EASA CS-25...................................... 281 Subpart 25.C--Airworthiness standards directed by ICAO 283 25.011................... What this Subpart does................................................... 283 25.013................... Least-risk bomb location................................................. 283 Part 26--Airworthiness standards for aircraft in the primary category or intermediate category 284 26.001................... Airworthiness standards................................................. 284 26.002................... Incidental provisions....................................................... 284 Part 27--Airworthiness standards for rotorcraft in the normal category 285 27.001................... Airworthiness standards................................................. 285 27.002................... Incidental provisions....................................................... 285 27.003................... Changes to Part 27 of the FARs..................................... 286 27.003A................ Changes to EASA CS-27............................................... 286 27.004................... Approvals under Part 27 of the FARs............................ 286 27.005................... Approvals under EASA CS-27...................................... 286 Part 29--Airworthiness standards for rotorcraft in the transport category 288 29.001................... Airworthiness standards................................................. 288 29.002................... Incidental provisions....................................................... 288 29.003................... Changes to Part 29 of the FARs..................................... 289 29.003A................ Changes to EASA CS-29............................................... 289 29.004................... Approvals under Part 29 of the FARs............................ 289 29.005................... Approvals under EASA CS-29...................................... 289 Part 31--Airworthiness standards for manned free balloons 291 31.001................... Airworthiness standards................................................. 291 31.002................... Incidental provisions....................................................... 291 31.003................... Changes to Part 31 of the FARs..................................... 292 31.004................... Changes to EASA CS-31HB......................................... 292 31.005................... Changes to EASA CS-31GB......................................... 292 31.006................... Approvals under Part 31 of the FARs............................ 292 31.007................... Approvals under EASA CS-31HB................................ 293 31.008................... Approvals under EASA CS-31GB................................ 293 Part 32--Airworthiness standards for engines for very light aeroplanes 294 32.001................... Airworthiness standards................................................. 294 32.002................... Incidental provisions....................................................... 294 32.003................... Changes to EASA CS-22............................................... 294 32.004................... Approvals under EASA CS-22...................................... 294 Part 33--Airworthiness standards for aircraft engines 296 33.001................... Airworthiness standards................................................. 296 33.002................... Incidental provisions....................................................... 296 33.003................... Changes to Part 33 of the FARs..................................... 297 33.003A................ Changes to EASA CS-E................................................. 297 33.004................... Approvals under Part 33 of the FARs............................ 297 33.005................... Approvals under EASA CS-E........................................ 297 Part 35--Airworthiness standards for aircraft propellers 299 35.001................... Airworthiness standards................................................. 299 35.002................... Incidental provisions....................................................... 299 35.003................... Changes to Part 35 of the FARs..................................... 300 35.003A................ Changes to EASA CS-P................................................. 300 35.004................... Approvals under Part 35 of the FARs............................ 300 35.005................... Approvals under EASA CS-P........................................ 300 Part 39--Airworthiness directives 302 39.001A................ Definitions...................................................................... 302 39.001................... CASA may issue Australian airworthiness directives.... 303 39.002................... Aircraft or aeronautical products covered by airworthiness directive 303 39.002A................ Aircraft that become Australian aircraft--compliance with Australian airworthiness directives 304 39.003................... Australian aircraft covered by airworthiness directive not to be operated 304 39.004................... Approvals and exclusions in relation to airworthiness directives 305 39.005................... Documents or things to be sent to CASA....................... 307 39.006................... Request for review of operation of Australian airworthiness directive 307 39.007................... Action to be taken by CASA on receiving request under regulation 39.006 308 Part 42--Continuing airworthiness requirements for aircraft and aeronautical products 309 Subpart 42.A--Preliminary 321 42.005................... Purpose of Part............................................................... 321 42.010................... Applicability of Part........................................................ 321 42.015................... Definitions for Part......................................................... 321 42.020................... Part 42 Manual of Standards.......................................... 330 Subpart 42.B--Requirements for registered operators 333 Division 42.B.1--Preliminary 333 42.025................... Purpose of Subpart......................................................... 333 Division 42.B.2--Continuing airworthiness requirements 334 42.030................... Continuing airworthiness requirements--all aircraft....... 334 42.035................... Condition of AOC--aircraft authorised to operate under AOCs 335 42.040................... Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations................................................................... 336 42.045................... Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations................................................................... 337 42.050................... Form of continuing airworthiness management contract--all aircraft 337 42.055................... Giving information in accordance with contract.............. 338 42.060................... Copy of certain provisions of contract to be given to CASA 338 42.065................... Copy of variation of certain provisions of contract to be given to CASA 339 42.070................... Notice of termination of contract to be given to CASA.. 339 42.075................... Notice of contravention of Part to be given to CASA..... 339 42.080................... Maintenance of aircraft and aeronautical products.......... 340 Division 42.B.3--Record-keeping requirements in relation to authorisations under regulation 42.630 342 42.085................... Application of Division.................................................. 342 42.090................... Retaining copies of authorisations.................................. 342 42.095................... Keeping lists of authorised pilot licence holders and flight engineers 342 Subpart 42.C--Continuing airworthiness management--requirements for person responsible for continuing airworthiness for aircraft 344 Division 42.C.1--Preliminary 344 42.100................... Purpose of Subpart......................................................... 344 42.105................... Meaning of person responsible for continuing airworthiness for aircraft 344 Division 42.C.2--Continuing airworthiness management tasks 346 42.110................... Complying with regulations in this Division.................. 346 42.115................... Rectification of defect to aircraft before flight--all aircraft 346 42.120................... Compliance with airworthiness directives--all aircraft... 347 42.125................... Approval of design for modifications or repairs to aircraft--all aircraft 347 42.130................... Dealing with certain instructions for continuing airworthiness--aircraft authorised to operate under AOCs and large aircraft.................................................................... 349 42.135................... Replacement of life limited aeronautical product--all aircraft.. 349 42.140................... Approved maintenance program required--aircraft authorised to operate under AOCs and large aircraft........................................................................................ 350 42.145................... Compliance with maintenance program required--all aircraft 350 42.150................... Updating approved maintenance program following change to instructions for continuing airworthiness........................................................................................ 350 42.155................... Ensuring effectiveness of approved maintenance program using approved reliability programs--certain aircraft........................................................................................ 351 42.160................... Ensuring effectiveness of approved maintenance program--other aircraft authorised to operate under AOCs and large aircraft............................................................. 352 42.165................... Removal of aeronautical products fitted as permitted by regulation 42.440 353 Division 42.C.3--Continuing airworthiness records--all aircraft 354 Subdivision 42.C.3.1 --Continuing airworthiness records system 354 42.170................... Continuing airworthiness records system....................... 354 Subdivision 42.C.3.2--Information about aircraft 354 42.175................... Requirement to record information................................. 354 42.180................... Information about aircraft engines and propellers........... 355 42.185................... Information about empty weight of aircraft..................... 356 42.190................... Information about utilisation of aircraft........................... 357 42.195................... Information about compliance with airworthiness directives 358 42.200................... Information about compliance with maintenance program 360 42.205................... Information about modifications..................................... 362 42.210................... Information about aeronautical products with life limit... 363 Subdivision 42.C.3.3--Substantiating documents 365 42.215................... Substantiating documents............................................... 365 Subdivision 42.C.3.4--Flight technical log 365 42.220................... Flight technical log.......................................................... 365 42.225................... Availability of flight technical log................................... 366 Subdivision 42.C.3.5--Recording next maintenance due to be carried out 367 42.230................... Recording details of next maintenance due to be carried out in flight technical log 367 42.235................... Approval of another means of recording next maintenance due to be carried out 368 42.240................... Recording details of next maintenance due to be carried out by approved other means 369 Subdivision 42.C.3.6--Recording utilisation information 369 42.245................... Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved........................................ 369 42.250................... Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight........................................................................................ 370 42.255................... Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means........................................................................................ 370 Subdivision 42.C.3.7--Retention and transfer of records 371 42.260................... Retention of continuing airworthiness records................ 371 42.265................... Transfer of continuing airworthiness records for aircraft 373 Division 42.C.4--Major defects--reporting and investigating 374 42.270................... Reporting major defects--all aircraft.............................. 374 42.275................... Investigating major defects--large aircraft and aircraft authorised to operate under AOC 375 42.280................... Action by CASA following report of major defect......... 376 42.285................... Action by certificate holder or approval holder following report of major defect 376 Subpart 42.D--Maintenance 377 Division 42.D.1--Preliminary 377 42.290................... Purpose of Subpart......................................................... 377 Division 42.D.2--Permissions for section 20AB of Act--aircraft 378 42.295................... Who is permitted to carry out maintenance on aircraft--approved maintenance organisations 378 42.300................... Who is permitted to carry out maintenance on aircraft--individuals not working for approved maintenance organisations................................................................... 379 42.301................... Who is permitted to carry out maintenance--organisations under NAA arrangement 381 Division 42.D.3--Permissions for section 20AB of Act--aeronautical products 382 42.305................... Who is permitted to carry out maintenance on aeronautical products 382 42.306................... Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by national aviation authority............................................... 383 Division 42.D.4--Requirements for carrying out maintenance 384 42.310................... General requirements for carrying out maintenance........ 384 42.315................... Ensuring individuals are competent to carry out maintenance 385 42.320................... Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out................................................................................... 387 42.325................... Maintenance involving modifications and certain repairs 387 42.330................... Removal of tools etc after carrying out maintenance....... 389 Division 42.D.5--Requirements for independent inspection of critical control system maintenance 390 42.335................... Meaning of independent individual................................. 390 42.340................... Requirement for verification and record for critical control system maintenance 390 42.345................... Verification and record for critical control system maintenance 391 Division 42.D.6--Requirements for dealing with defects 393 Subdivision 42.D.6.1--Dealing with defects 393 42.350................... Meaning of qualified individual...................................... 393 42.355................... Recording defects........................................................... 393 42.360................... When qualified individual may defer rectification of defect 393 42.365................... How rectification of defect is deferred............................ 394 42.370................... Record for deferral of rectification of defect................... 395 Subdivision 42.D.6.2--Reporting defects 395 42.375................... Major defect reporting--independent maintainer carrying out maintenance on aircraft 395 42.380................... Major defect reporting--approved maintenance organisation carrying out maintenance on aircraft 396 42.385................... Major defect reporting--approved maintenance organisation carrying out maintenance on aeronautical product........................................................................................ 396 42.390................... Reporting requirements................................................... 397 Division 42.D.7--Requirements for recording maintenance for aircraft or aeronautical products 398 42.395................... Recording maintenance information for aircraft.............. 398 42.400................... Making maintenance record for aeronautical products.... 400 42.405................... Provision of maintenance record and other documents to registered operator 401 42.410................... Retention of copy of maintenance record by approved maintenance organisations 402 Subpart 42.E--Aeronautical products 403 Division 42.E.1--Preliminary 403 42.415................... Purpose of Subpart......................................................... 403 Division 42.E.2--Requirements for fitting parts and using materials 404 42.420................... Fitting parts other than standard parts............................. 404 42.425................... Obligations and offences for fitting parts other than standard parts 405 42.430................... Fitting parts removed from aircraft--permission for paragraph 42.420(5)(c) 407 42.435................... Fitting parts fabricated by approved maintenance organisations--permission for subparagraph 42.420(5)(a)(ii)........................................................................................ 407 42.440................... Fitting parts for which there is no authorised release certificate--permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii)..................... 408 42.445................... Fitting standard parts...................................................... 409 42.450................... Fitting parts removed from same place on aircraft--permission for paragraphs 42.420(1)(a) and 42.445(1)(a)........................................................................................ 411 42.455................... Using materials............................................................... 411 Division 42.E.3--Requirements for controlling unserviceable and unsalvageable parts 413 42.460................... Control of unserviceable parts........................................ 413 42.465................... Control of unsalvageable parts........................................ 413 Division 42.E.4--Requirements for controlling unapproved parts 416 42.470................... Meaning of unapproved for parts................................... 416 42.475................... Control of unapproved parts........................................... 416 42.480................... Reporting unapproved parts............................................ 417 42.485................... Action by CASA following report of unapproved parts. 417 42.490................... Action required if parts not required to be kept............... 418 Subpart 42.F--Subpart 42.F approved maintenance organisations 419 Division 42.F.1--General 419 42.495................... Purpose of Subpart......................................................... 419 42.500................... Definitions for Subpart................................................... 419 42.505................... Regulations 11.070 to 11.075 do not apply in relation to certain matters 421 Division 42.F.2--Approval of Subpart 42.F organisations 422 42.510................... Applying for approval.................................................... 422 42.515................... Issuing approval............................................................. 422 42.520................... Approval certificate......................................................... 423 42.525................... Privileges for Subpart 42.F organisations....................... 424 42.530................... Approval subject to conditions....................................... 424 Division 42.F.3--Changes to Subpart 42.F organisations 425 42.535................... Application for approval of significant changes to Subpart 42.F organisations 425 42.540................... Approval of significant changes..................................... 425 42.545................... Changes to Subpart 42.F organisations that are not significant changes 426 42.550................... CASA may direct Subpart 42.F organisations to change expositions 426 Division 42.F.4--Requirements and offences for Subpart 42.F organisations 428 42.555................... Provision of maintenance services.................................. 428 42.560................... Providing employees with exposition............................. 428 42.565................... Complying with directions.............................................. 428 Subpart 42.G--Continuing airworthiness management organisations 430 Division 42.G.1--General 430 42.570................... Purpose of Subpart......................................................... 430 42.575................... Definitions for Subpart................................................... 430 42.580................... Regulations 11.070 to 11.075 do not apply in relation to certain matters 433 Division 42.G.2--Approval of continuing airworthiness management organisations 434 42.585................... Applying for approval.................................................... 434 42.590................... Issuing approval............................................................. 435 42.595................... Approval certificate......................................................... 436 42.600................... Privileges for continuing airworthiness management organisations 437 42.605................... Approval subject to conditions....................................... 437 Division 42.G.3--Changes to continuing airworthiness management organisations 438 42.610................... Application for approval of significant changes to continuing airworthiness management organisations........................................................................................ 438 42.615................... Approval of significant changes..................................... 439 42.620................... Changes to continuing airworthiness management organisations that are not significant changes 439 42.625................... CASA may direct continuing airworthiness management organisations to change expositions 439 Division 42.G.4--Authorisation of pilot licence holders and flight engineers to provide maintenance services 441 42.630................... When pilot licence holders and flight engineers may be authorised 441 42.635................... Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft..................................... 443 42.640................... Directions in relation to authorisations............................ 443 42.645................... Notice of cancellation of authorisation............................ 443 Division 42.G.5--Requirements and offences for continuing airworthiness management organisations 445 42.650................... Provision of continuing airworthiness management services 445 42.655................... Providing employees with exposition............................. 445 42.660................... Copies of authorisations and records.............................. 445 42.665................... Complying with directions.............................................. 446 42.670................... Giving information in accordance with contract.............. 446 42.675................... Notice of contravention of Part to be given to CASA..... 447 Subpart 42.H--Maintenance certification and certificate of release to service 448 Division 42.H.1--General 448 42.680................... Purpose of Subpart......................................................... 448 Division 42.H.2--Maintenance certification for maintenance carried out on aircraft 449 Subdivision 42.H.2.1--Application of Division 449 42.685................... Application of Division.................................................. 449 Subdivision 42.H.2.2--Who must perform maintenance certification 449 42.690................... Approved maintenance organisations............................. 449 42.695................... Individuals performing maintenance certification on behalf of approved maintenance organisations 450 42.700................... Independent maintainers................................................. 450 Subdivision 42.H.2.3--Requirements for performing maintenance certification 451 42.705................... Requirements to be met by individuals before performing maintenance certification 451 42.710................... Requirements to be met by organisations before performing maintenance certification 452 Subdivision 42.H.2.4--Performance of maintenance certification 452 42.715................... How maintenance certification is performed................... 452 Division 42.H.3--Certificate of release to service--aircraft 454 Subdivision 42.H.3.1--Preliminary 454 42.720................... Application of Division.................................................. 454 42.725................... Requirement not to release aircraft without certificate of release to service 454 Subdivision 42.H.3.2--Who may issue certificate of release to service 455 42.730................... Approved maintenance organisations............................. 455 42.735................... Individuals issuing certificates of release to service on behalf of approved maintenance organisations 456 42.740................... Independent maintainers................................................. 456 Subdivision 42.H.3.3--Requirements for issuing certificate of release to service 457 42.745................... Requirements to be met before certificate of release to service may be issued 457 42.750................... Requirements to be met by approved maintenance organisations before issuing certificate of release to service........................................................................................ 458 42.755................... Requirements to be met by individuals before issuing certificate of release to service 459 Subdivision 42.H.3.4--Form, content and issue of certificate of release to service 459 42.760................... Form and content of certificate of release to service........ 459 42.765................... How certificate of release to service is issued................. 460 Subdivision 42.H.3.5--Record-keeping 460 42.770................... Retaining copy of certificate of release to service............ 460 Division 42.H.4--Certificate of release to service--aeronautical products 461 Subdivision 42.H.4.1--Preliminary 461 42.775................... Application of Division.................................................. 461 42.780................... Requirement not to release aeronautical product without certificate of release to service 461 Subdivision 42.H.4.2--Who may issue certificate of release to service 462 42.785................... Approved maintenance organisations............................. 462 42.790................... Individuals issuing certificates of release to service on behalf of approved maintenance organisations 462 Subdivision 42.H.4.3--Requirements for issuing certificate of release to service 463 42.795................... Requirements to be met before certificate of release to service may be issued 463 42.800................... Requirements to be met by approved maintenance organisations before issuing certificate of release to service........................................................................................ 464 42.805................... Requirements to be met by individuals before issuing certificate of release to service 464 Subdivision 42.H.4.4--Form and issue of certificate of release to service 465 42.810................... Form of certificate of release to service........................... 465 42.815................... How certificate of release to service is issued................. 466 Subdivision 42.H.4.5--Record-keeping and dealing with certificate of release to service 466 42.820................... Additional record for certificate of release to service issued as in-house release document 466 42.825................... Dealing with certificate of release to service................... 466 Subpart 42.I--Airworthiness reviews and airworthiness review certificates 468 Division 42.I.1--General 468 42.830................... Application of Subpart.................................................... 468 42.835................... Purpose of Subpart......................................................... 468 Division 42.I.2--Issue of airworthiness review certificates 469 42.840................... Who may issue airworthiness review certificate............. 469 42.845................... Requirements to be met for issue of airworthiness review certificate 469 42.850................... Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate............................................................. 470 42.855................... Requirements to be met by individuals before issuing airworthiness review certificate 470 42.860................... Form of airworthiness review certificate......................... 471 42.865................... How airworthiness review certificate is issued............... 471 42.870................... How long airworthiness review certificate remains in force 471 Division 42.I.3--Extension of airworthiness review certificates 472 42.875................... Who may extend airworthiness review certificate........... 472 42.880................... Requirements to be met for extension of airworthiness review certificate 473 42.885................... Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate....................................... 473 42.890................... Requirements to be met by individuals before extending airworthiness review certificate 474 42.895................... How airworthiness review certificate is extended........... 474 Division 42.I.4--Airworthiness review procedure 475 42.900................... Airworthiness review procedure..................................... 475 Division 42.I.5--Administration 477 42.905................... Record of findings of airworthiness review.................... 477 42.910................... Record of corrective action taken.................................... 477 42.915................... Retaining records relating to airworthiness review certificates 477 42.920................... Documents to be sent to CASA and registered operator. 478 42.925................... Notice of decision not to issue airworthiness review certificate 478 Division 42.I.6--Relationship of airworthiness review certificate to certificate of airworthiness 480 42.930................... Relationship with certificate of airworthiness................. 480 Subpart 42.J--Approval of maintenance programs and variations of approved maintenance programs 481 Division 42.J.1--Preliminary 481 42.935................... Purpose of Subpart......................................................... 481 Division 42.J.2--Approval of maintenance programs by continuing airworthiness management organisations 482 42.940................... Circumstances in which continuing airworthiness management organisations may approve proposed maintenance program...................................................... 482 42.945................... Requirements for approval of maintenance programs..... 483 42.950................... Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs.................................................... 483 42.955................... Requirements to be met by individuals before approving proposed maintenance programs 484 42.960................... How approval is given.................................................... 484 42.965................... Record-keeping requirements......................................... 484 Division 42.J.3--Approval of maintenance programs by CASA 486 42.970................... Application to CASA for approval of maintenance programs 486 42.975................... Form of application......................................................... 486 42.980................... Approval of maintenance programs by CASA............... 487 Division 42.J.4--Approval of variations of approved maintenance programs by continuing airworthiness management organisations 488 42.985................... Circumstances in which continuing airworthiness management organisations may approve proposed variations........................................................................................ 488 42.990................... Requirements to be met for approval of variations of maintenance programs 489 42.995................... Requirements to be met by continuing airworthiness management organisations before approving proposed variations........................................................................ 489 42.1000................. Requirements to be met by individuals before approving proposed variations 490 42.1005................. How approval is given.................................................... 490 42.1010................. Record-keeping requirements......................................... 491 Division 42.J.5--Approval of variations of approved maintenance programs by CASA 492 42.1015................. Application to CASA for approval of variations of approved maintenance programs 492 42.1020................. Form of application......................................................... 492 42.1025................. Approval of variations by CASA................................... 492 Subpart 42.K--Directions to vary approved maintenance programs 494 42.1030................. Purpose of Subpart......................................................... 494 42.1035................. CASA may direct variations of approved maintenance programs 494 Subpart 42.L--Approval of reliability programs and variations of approved reliability programs 495 Division 42.L.1--Preliminary 495 42.1040................. Purpose of Subpart......................................................... 495 Division 42.L.2--Approval of reliability programs 496 42.1045................. Application for approval of reliability programs............. 496 42.1050................. Approval of reliability programs..................................... 496 Division 42.L.3--Approval of variations of approved reliability programs 497 42.1055................. Application for approval of variations of approved reliability programs 497 42.1060................. Approval of variations of approved reliability programs 497 Subpart 42.M--Requirements for pilots 498 42.1065................. Purpose of Subpart......................................................... 498 42.1070................. Pre-flight inspection--all aircraft.................................... 498 42.1075................. Recording information in flight technical log--all aircraft 498 Subpart 42.N--Record-keeping requirements 500 42.1080................. Purpose of Subpart......................................................... 500 42.1085................. Requirements for making records made under Part........ 500 42.1090................. Requirements for keeping records made under Part........ 500 42.1095................. Change to records made under Part................................ 500 Subpart 42.O--Copying or disclosing cockpit voice recording information 502 42.1100................. Purpose of Subpart......................................................... 502 42.1105................. Authorisation of persons for paragraph 32AP(3A)(a) of Act 502 Table of contents 1.001 Name of Regulations 1.003 Harmonisation with FARs 1.004 Dictionary 1.005 Appendixes 1.006 Status of tables of contents 1.008 Inconsistency between MOS and Act or Regulations CIVIL AVIATION SAFETY REGULATIONS 1998 - NOTES Endnotes Endnote 1--About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1--About the endnotes Endnote 2--Abbreviation key Endnote 3--Legislation history Endnote 4--Amendment history Abbreviation key--Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history--Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2--Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev ... ) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3--Legislation history Number and year Registration and Assent Commencement Application, saving and transitional provisions 237, 1998 22 July 1998 SubPt F, G, J, K and O of Pt 21: 1 Dec 1998 (r 1.2(1)) Remainder: 1 Oct 1998 (r 1.2(2)) 166, 1999 16 Aug 1999 Sch 1: 16 Aug 1999 (r 2(2)) -- 262, 1999 27 Oct 1999 Sch 1: 1 Jan 2000 (r 2(c)) -- 7, 2000 23 Feb 2000 23 Feb 2000 (r 2) -- 204, 2000 31 July 2000 r 5-8 and Sch 2: 1 Oct 2000 (r 2(b)) Sch 1: 31 July 2000 (r 2(a)) Note: Pt 47 of Sch 2 (item 7) was disallowed by the Senate on 8 Nov 2000 r 5-8 as amended by 345, 2004 8 Dec 2004 Sch 3: 8 Dec 2004 (r 2) -- 227, 2000 17 Aug 2000 r 4 and Sch 2: 17 Aug 2000 (r 2(b)) Sch 1: 1 Dec 1998 (r 2(a)) Sch 4: 1 Sept 2000 (r 2(c)) r 4 34, 2001 1 Mar 2001 1 Mar 2001 (r 2) -- 242, 2001 5 Sept 2001 5 Sept 2001 (r 2) -- 349, 2001 21 Dec 2001 r 4 and Sch 1: 1 July 2002 (r 2) r 4 as amended by 79, 2002 18 Apr 2002 18 Apr 2002 (r 2) -- 345, 2004 8 Dec 2004 Sch 4: 8 Dec 2004 (r 2) -- 167, 2002 3 July 2002 r 5 and Sch 1: 1 May 2003 (r 2) r 5 as amended by 345, 2004 8 Dec 2004 Sch 5: 8 Dec 2004 (r 2) -- 266, 2002 6 Nov 2002 1 July 2002 (r 2) -- 268, 2002 6 Nov 2002 Sch 1: 6 Nov 2002 (r 2) -- 320, 2002 19 Dec 2002 19 Dec 2002 (r 2) -- 321, 2002 19 Dec 2002 19 Dec 2002 (r 2) -- 349, 2002 20 Dec 2002 20 Dec 2002 (r 2) -- 350, 2002 20 Dec 2002 Sch 1 and 3: 20 Dec 2002 (r 2) -- 58, 2003 14 Apr 2003 Sch 1: 2 May 2003 (r 2(b)) -- 75, 2003 1 May 2003 Sch 1: 1 May 2003 (r 2(a)) Sch 3: 3 May 2003 (r 2(b)) -- 189, 2003 24 July 2003 Sch 1: 1 Oct 2003 (r 2) -- 232, 2003 3 Sept 2003 Sch 1: 3 Sept 2003 (r 2) -- 240, 2003 18 Sept 2003 Sch 2: 18 Sept 2003 (r 2) -- 297, 2003 27 Nov 2003 27 Nov 2003 (r 2) -- 365, 2003 23 Dec 2003 Sch 1: 23 Dec 2003 (r 2(a)) Sch 2: 1 Jan 2004 (r 2(b)) Sch 4: 1 July 2004 (r 2(c)) -- 4, 2004 12 Feb 2004 20 Feb 2004 (r 2) -- 134, 2004 18 June 2004 Sch 2: 15 Nov 2004 (r 2) -- 216, 2004 15 July 2004 Sch 2: 15 July 2004 (r 2) -- 222, 2004 22 July 2004 Sch 4: 1 July 2004 (r 2) -- 230, 2004 28 July 2004 28 July 2004 (r 2) -- 345, 2004 8 Dec 2004 Sch 2: 8 Dec 2004 (r 2) -- 207, 2005 19 Sept 2005 (F2005L02673) Sch 1 (items 1-3): 1 Oct 2005 (r 2) -- 242, 2005 24 Oct 2005 (F2005L03219) Sch 1: 25 Oct 2005 (r 2) -- 258, 2005 15 Nov 2005 (F2005L03421) 16 Nov 2005 (r 2) -- 321, 2005 19 Dec 2005 (F2005L04039) Sch 1: 20 Dec 2005 (r 2) -- 323, 2005 19 Dec 2005 (F2005L04033) 20 Dec 2005 (r 2) -- 124, 2006 2 June 2006 (F2006L01624) 3 June 2006 (r 2) -- 185, 2006 17 July 2006 (F2006L02115) 18 July 2006 (r 2) -- 41, 2007 26 Mar 2007 (F2007L00794) 25 May 2007 (r 2) -- 172, 2007 26 June 2007 (F2007L01842) 1 July 2007 (r 2) -- 226, 2007 24 July 2007 (F2007L02284) 25 July 2007 (r 2) -- 192, 2008 22 Sept 2008 (F2008L03483) 23 Sept 2008 (r 2) -- 274, 2008 18 Dec 2008 (F2008L04644) 19 Dec 2008 (r 2) -- 275, 2008 18 Dec 2008 (F2008L04587) 19 Dec 2008 (r 2) -- 64, 2009 15 Apr 2009 (F2009L01295) Sch 1: 16 Apr 2009 (r 2(a)) Sch 2: 1 Oct 2009 (r 2(b)) -- 147, 2009 26 June 2009 (F2009L02511) 1 July 2009 (r 2) -- 232, 2009 9 Sept 2009 (F2009L03481) 10 Sept 2009 (r 2) -- 120, 2010 7 June 2010 (F2010L01546) 8 June 2010 (r 2) -- 277, 2010 19 Nov 2010 (F2010L03002) Sch 2: 1 Mar 2012 (r 2(b)) Sch 3: never commenced (r 2(c)) Remainder: 1 Dec 2010 (r 2(a)) -- as amended by 245, 2015 14 Dec 2015 (F2015L01980) Sch 1 (items 4-7): 15 Dec 2015 (s 2(1) item 2) -- 328, 2010 14 Dec 2010 (F2010L03195) Sch 1: 27 June 2011 (r 2(a)) -- 76, 2011 7 June 2011 (F2011L00968) Sch 1: 27 June 2011 (r 2) -- 77, 2011 8 June 2011 (F2011L00971) Sch 1: 27 June 2011 (r 2) -- 120, 2011 30 June 2011 (F2011L01364) Sch 2 (items 10, 11): 1 July 2011 (r 2) -- 164, 2011 2 Sept 2011 (F2011L01804) 3 Sept 2011 (r 2) -- 265, 2011 12 Dec 2011 (F2011L02648) Sch 2: 1 Apr 2012 (r 2(b)) Remainder: 13 Dec 2011 (r 2(a)) -- 107, 2012 14 June 2012 (F2012L01199) 15 June 2012 (s 2) -- 5, 2013 19 Feb 2013 (F2013L00218) Sch 1: 1 Sept 2014 (s 2) -- as amended by 254, 2013 25 Nov 2013 (F2013L01976) Sch 1 (items 2-10): 26 Nov 2013 (s 2) -- 274, 2013 17 Dec 2013 (F2013L02129) Sch 2: 18 Dec 2013 (s 2 item 3) -- 80, 2013 20 May 2013 (F2013L00798) Sch 1 (items 8-123, 125, 126, 128-152): 21 May 2013 (s 2) -- 188, 2013 26 July 2013 (F2013L01444) Sch 1 (items 6-81): 1 Mar 2014 (s 2) -- 222, 2013 8 Aug 2013 (F2013L01539) Sch 1 (item 2): 1 Sept 2014 (s 2) -- as amended by 254, 2013 25 Nov 2013 (F2013L01976) Sch 1 (item 1): 26 Nov 2013 (s 2) -- 274, 2013 17 Dec 2013 (F2013L02129) Sch 1 (items 22-464, 468-476): 1 Sept 2014 (s 2 item 2) -- 275, 2013 17 Dec 2013 (F2013L02128) Sch 1 (items 9-81): 18 Dec 2013 (s 2) -- 40, 2014 15 Apr 2014 (F2014L00414) Sch 1 (items 12-35): 1 May 2014 (s 2 item 2) Sch 2: 1 Sept 2014 (s 2 item 3) -- 125, 2014 25 Aug 2014 (F2014L01122) Sch 1 (items 4-219): 1 Sept 2014 (s 2) -- as amended by Act No 145, 2015 12 Nov 2015 Sch 2 (item 6): 1 Sept 2014 (s 2(1) item 6) -- 135, 2014 23 Sept 2014 (F2014L01261) Sch 1 (items 3-6): 5 Mar 2015 (s 2) -- 166, 2014 3 Nov 2014 (F2014L01470) Sch 1 (items 4-33): 4 Nov 2014 (s 2) -- 204, 2014 16 Dec 2014 (F2014L01717) 1 Sept 2015 (s 2) -- 90, 2015 19 June 2015 (F2015L00854) Sch 2 (item 74): 1 July 2015 (s 2(1) item 2) -- 245, 2015 14 Dec 2015 (F2015L01980) Sch 1 (items 8-10): 15 Dec 2015 (s 2(1) item 2) Sch 2 (items 5-53): 1 June 2016 (s 2(1) item 3) Sch 3 (items 3-17): 4 July 2016 (s 2(1) item 4) -- 246, 2015 14 Dec 2015 (F2015L01992) Sch 1 (items 1-33): 4 July 2016 (s 2(1) item 2) Sch 1 (items 46-48): 15 Dec 2015 (s 2(1) item 3) -- 247, 2015 14 Dec 2015 (F2015L01995) Sch 1 (items 4-9): 20 Apr 2016 (s 2(1) item 1) -- Name Registration Commencement Application, saving and transitional provisions Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 29 Feb 2016 (F2016L00170) Sch 1 (items 8-14): 5 Mar 2016 (s 2(1) item 1) -- Civil Aviation Legislation Amendment (Part 101) Regulation 2016 29 Mar 2016 (F2016L00400) Sch 2 (items 5-53): 29 Sept 2016 (s 2 (1)) -- Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016 9 May 2016 (F2016L00717) Sch 2 (item 4) and Sch 3: 16 June 2016 (s 2(1) item 1) Sch 3 Endnote 4--Amendment history Provision affected How affected Guide...................................... ad No 350, 2002 am No 345, 2004; No 323, 2005; No 172, 2007 rep No 77, 2011 Part 1 Part 1...................................... am No 345, 2004; No 80, 2013; No 275, 2013 r 1.0........................................ ad No 204, 2000 am No 350, 2002 r 1.000 (prev r 1.0)................. renum No 350, 2002 rep No 345, 2004 r 1.1........................................ rs No 350, 2002 r 1.001 (prev r 1.1)................. renum No 350, 2002 r 1.2........................................ rep No 350, 2002 r 1.003 (prev r 1.3)................. renum No 350, 2002 am No 80, 2013 r 1.4........................................ rs No 204, 2000 r 1.004 (prev r 1.4)................. renum No 350, 2002 am No 345, 2004 r 1.5........................................ rep No 204, 2000 r 1.005.................................... ad No 345, 2004 r 1.006 (prev r 1.6)................. renum No 350, 2002 rs No 345, 2004 rep No 275, 2013 ad No 166, 2014 r 1.007 (prev r 1.7)................. renum No 350, 2002 am No 80, 2013 rep No 275, 2013 r 1.008.................................... ad No 345, 2004 Part 11 Part 11.................................... ad No 204, 2000 rs No 345, 2004 am No 80, 2013; No 188, 2013; No 274, 2013 (Sch 1 item 22 md) Subpart 11.A r 11.005.................................. ad No 345, 2004 rs No 77, 2011 r 11.010.................................. ad No 345, 2004 am No 77, 2011 r 11.015.................................. ad No 345, 2004 am No 77, 2011; No 80, 2013 r 11.018.................................. ad No 77, 2011 Subpart 11.B Subpart 11.B heading.............. rs No 77, 2011 r 11.020.................................. ad No 345, 2004 r 11.025.................................. ad No 345, 2004 rs No 77, 2011 am No 80, 2013; No 188, 2013 r 11.026.................................. ad No 188, 2013 r 11.028.................................. ad No 5, 2013 r 11.030.................................. ad No 345, 2004 am No 77, 2011 r 11.032.................................. ad No 77, 2011 r 11.035.................................. ad No 345, 2004 am No 77, 2011 r 11.040.................................. ad No 345, 2004 am No 77, 2011 r 11.045.................................. ad No 345, 2004 am No 77, 2011 r 11.047.................................. ad No 77, 2011 r 11.050.................................. ad No 345, 2004 am No 77, 2011 Subpart 11.BA Subpart 11.BA heading........... ad No 77, 2011 r 11.055.................................. ad No 345, 2004 am No 77, 2011; No 80, 2013 r 11.056.................................. ad No 77, 2011 am No 80, 2013; No 274, 2013 r 11.060.................................. ad No 345, 2004 rs No 77, 2011 am No 80, 2013 r 11.065.................................. ad No 345, 2004 am No 77, 2011 r 11.067.................................. ad No 77, 2011 am No 80, 2013 r 11.068.................................. ad No 77, 2011 r 11.070.................................. ad No 345, 2004 rs No 77, 2011 r 11.071.................................. ad No 77, 2011 r 11.072.................................. ad No 77, 2011 r 11.073.................................. ad No 77, 2011 r 11.074.................................. ad No 77, 2011 r 11.075.................................. ad No 77, 2011 r 11.077.................................. ad No 77, 2011 r 11.080.................................. ad No 345, 2004 rep No 77, 2011 ad No 80, 2013 am No 245, 2015 Subpart 11.C r 11.090.................................. ad No 345, 2004 am No 77, 2011 r 11.095.................................. ad No 345, 2004 am No 77, 2011 r 11.100.................................. ad No 345, 2004 r 11.105.................................. ad No 345, 2004 r 11.110.................................. ad No 345, 2004 am No 77, 2011 r 11.115.................................. ad No 345, 2004 Subpart 11.D Subpart 11.D heading.............. rs No 274, 2013 r 11.120.................................. ad No 345, 2004 rs No 77, 2011; No 274, 2013 r 11.125.................................. ad No 345, 2004 am No 77, 2011 r 11.130.................................. ad No 345, 2004 am No 77, 2011; No 274, 2013; No 204, 2014 r 11.132.................................. ad No 77, 2011 Subpart 11.E r 11.135.................................. ad No 345, 2004 rs No 77, 2011 r 11.140.................................. ad No 345, 2004 am No 77, 2011 r 11.145.................................. ad No 345, 2004 am No 77, 2011 r 11.150.................................. ad No 345, 2004 am No 77, 2011 Subpart 11.F Subpart 11.F heading.............. rs No 77, 2011 Division 11.F.1 r 11.155.................................. ad No 345, 2004 am No 77, 2011 r 11.160.................................. ad No 345, 2004 am No 77, 2011; F2016L00170 r 11.165.................................. ad No 345, 2004 am No 77, 2011 r 11.170.................................. ad No 345, 2004 r 11.175.................................. ad No 345, 2004 Division 11.F.2 r 11.180.................................. ad No 345, 2004 rs No 77, 2011 r 11.185.................................. ad No 345, 2004 am No 77, 2011; F2016L00170 r 11.190.................................. ad No 345, 2004 r 11.195.................................. ad No 345, 2004 Division 11.F.3 r 11.200.................................. ad No 345, 2004 rs No 77, 2011 r 11.205.................................. ad No 345, 2004 r 11.210.................................. ad No 345, 2004 r 11.215.................................. ad No 345, 2004 rep No 77, 2011 r 11.220.................................. ad No 345, 2004 am No 323, 2005; No 77, 2011 r 11.225.................................. ad No 345, 2004 am No 323, 2005; No 77, 2011 r 11.230.................................. ad No 345, 2004 am No 323, 2005; No 77, 2011 r 11.235.................................. ad No 345, 2004 Subpart 11.G r 11.240.................................. ad No 345, 2004 am No 77, 2011 r 11.245.................................. ad No 345, 2004 am No 323, 2005; No 77, 2011; F2016L00170 r 11.250.................................. ad No 345, 2004 am No 323, 2005; No 77, 2011 r 11.255.................................. ad No 345, 2004 am No 77, 2011 Subpart 11.H r 11.260.................................. ad No 345, 2004 am No 77, 2011; No 80, 2013 Subpart 11.J r 11.265.................................. ad No 345, 2004 am No 323, 2005 rs No 77, 2011 am F2016L00170 r 11.267.................................. ad No 77, 2011 r 11.270.................................. ad No 345, 2004 r 11.275.................................. ad No 345, 2004 am No 77, 2011 r 11.280.................................. ad No 345, 2004 am No 77, 2011 r 11.285.................................. ad No 345, 2004 r 11.290.................................. ad No 345, 2004 r 11.295.................................. ad No 345, 2004 Part 13 Part 13.................................... ad No 204, 2000 rs No 4, 2004 Subpart 13.K Division 13.K.1 r 13.320.................................. ad No 4, 2004 r 13.325.................................. ad No 4, 2004 r 13.330.................................. ad No 4, 2004 r 13.335.................................. ad No 4, 2004 r 13.340.................................. ad No 4, 2004 r 13.345.................................. ad No 4, 2004 am No 192, 2008 r 13.350.................................. ad No 4, 2004 r 13.355.................................. ad No 4, 2004 r 13.360.................................. ad No 4, 2004 r 13.365.................................. ad No 4, 2004 Division 13.K.2 r 13.370.................................. ad No 4, 2004 r 13.375.................................. ad No 4, 2004 am No 345, 2004; No 328, 2010; No 5, 2013; No 274, 2013 ; F2016L00400 r 13.380.................................. ad No 4, 2004 Part 21 Part 21.................................... am No 345, 2004; No 80, 2013; No 188, 2013; No 274, 2013; No 40, 2014 Subpart 21.A Subpart 21.A (prev Subpart A)............................................... renum No 350, 2002 r 21.0...................................... ad No 204, 2000 am No 204, 2000; No 242, 2001; No 320, 2002; No 350, 2002 r 21.000 (prev r 21.0)............. renum No 350, 2002 rep No 345, 2004 r 21.001 (prev r 21.1)............. renum No 350, 2002 am No 76, 2011; No 188, 2013 r 21.001A (prev r 21.1A)........ renum No 350, 2002 r 21.1B.................................... rep No 320, 2002 r 21.2...................................... rep No 268, 2002 r 21.002A (prev r 21.2A)........ renum No 350, 2002 rep No 77, 2011 r 21.2B.................................... am No 166, 1999 r 21.002B (prev r 21.2B)........ renum No 350, 2002 am No 350, 2002 rep No 77, 2011 r 21.002C (prev r 21.2C)........ renum No 350, 2002 am No 350, 2002 r 21.002D (prev r 21.2D)........ renum No 350, 2002 am No 350, 2002 r 21.002E (prev r 21.2E)........ renum No 350, 2002 am No 345, 2004 r 21.3...................................... am No 166, 1999; No 268, 2002; No 350, 2002 r 21.003 (prev r 21.3)............. renum No 350, 2002 am No 350, 2002; No 76, 2011; No 188, 2013; No 245, 2015 r 21.5...................................... am No 268, 2002 r 21.005 (prev r 21.5)............. renum No 350, 2002 am No 76, 2011; No 166, 2014 r 21.006.................................. ad No 76, 2011 am No 188, 2013 r 21.006A............................... ad No 76, 2011 am No 188, 2013; No 245, 2015 r 21.007.................................. ad No 76, 2011 am No 188, 2013; No 40, 2014 r 21.007A............................... ad No 76, 2011 rs No 188, 2013 r 21.008.................................. ad No 76, 2011 r 21.009.................................. ad No 76, 2011 am No 188, 2013; No 40, 2014; No 166, 2014 r 21.010.................................. ad No 76, 2011 r 21.010A............................... ad No 40, 2014 am No 40, 2014 (Sch 2 item 3 md) r 21.010B................................ ad No 166, 2014 r 21.010C................................ ad No 166, 2014 r 21.010D............................... ad No 245, 2015 Subpart 21.B Subpart 21.B heading.............. rs No 80, 2013 Subpart 21.B (prev Subpart B) renum No 350, 2002 r 21.011 (prev r 21.11)........... renum No 350, 2002 am No 274, 2013 r 21.12.................................... am No 166, 1999 r 21.012 (prev r 21.12)........... renum No 350, 2002 am No 80, 2013 rep No 166, 2014 r 21.013 (prev r 21.13)........... renum No 350, 2002 r 21.013A (prev r 21.13A)...... renum No 350, 2002 am No 350, 2002; No 77, 2011; No 188, 2013 r 21.014 (prev r 21.14)........... renum No 350, 2002 am No 350, 2002 r 21.015 (prev r 21.15)........... renum No 350, 2002 am No 77, 2011 r 21.16.................................... am No 268, 2002 r 21.016 (prev r 21.16)........... renum No 350, 2002 am No 80, 2013 r 21.017 (prev r 21.17)........... renum No 350, 2002 am No 350, 2002; No 80, 2013; No 245, 2015 r 21.19.................................... am No 166, 1999 r 21.019 (prev r 21.19)........... renum No 350, 2002 am No 350, 2002 r 21.021 (prev r 21.21)........... renum No 350, 2002 am No 350, 2002; No 80, 2013 r 21.24.................................... am No 166, 1999 r 21.024 (prev r 21.24)........... renum No 350, 2002 am No 350, 2002; No 328, 2010; No 274, 2013 r 21.25.................................... am No 166, 1999 r 21.025 (prev r 21.25)........... renum No 350, 2002 r 21.26.................................... am No 166, 1999 r 21.026 (prev r 21.26)........... renum No 350, 2002 am No 350, 2002; No 328, 2010; No 274, 2013 r 21.27.................................... am No 350, 2002 r 21.027 (prev r 21.27)........... renum No 350, 2002 am No 245, 2015 r 21.29.................................... am No 320, 2002 r 21.029 (prev r 21.29)........... renum No 350, 2002 am No 350, 2002; No 77, 2011; No 80, 2013; No 274, 2013 r 21.29A................................. am No 166, 1999 r 21.029A (prev r 21.29A)...... renum No 350, 2002 am No 350, 2002; No 77, 2011; No 274, 2013 r 21.29B.................................. am No 268, 2002 r 21.029B (prev r 21.29B)...... renum No 350, 2002 am No 350, 2002; No 323, 2005; No 274, 2013 r 21.029C (prev r 21.29C)...... renum No 350, 2002 am No 350, 2002; No 323, 2005; No 274, 2013 r 21.31.................................... am No 320, 2002 r 21.031 (prev r 21.31)........... renum No 350, 2002 am No 350, 2002; No 328, 2010; No 188, 2013; No 274, 2013; No 245, 2015 r 21.33.................................... am No 166, 1999 r 21.033 (prev r 21.33)........... renum No 350, 2002 am No 350, 2002; No 80, 2013 r 21.035 (prev r 21.35)........... renum No 350, 2002 am No 350, 2002; No 80, 2013; No 245, 2015 r 21.037 (prev r 21.37)........... renum No 350, 2002 am No 350, 2002 rs No 5, 2013 r 21.039 (prev r 21.39)........... renum No 350, 2002 am No 350, 2002 r 21.41.................................... am No 166, 1999 r 21.041 (prev r 21.41)........... renum No 350, 2002 am No 350, 2002; No 80, 2013; No 274, 2013 r 21.043 (prev r 21.43)........... renum No 350, 2002 am No 350, 2002 r 21.47.................................... am No 268, 2002 r 21.047 (prev r 21.47)........... renum No 350, 2002 rs No 188, 2013 r 21.048.................................. ad No 188, 2013 r 21.49.................................... am No 268, 2002 r 21.049 (prev r 21.49)........... renum No 350, 2002 r 21.50.................................... am No 268, 2002 r 21.050 (prev r 21.50)........... renum No 350, 2002 am No 350, 2002; No 80, 2013; No 245, 2015 r 21.051 (prev r 21.51)........... renum No 350, 2002 am No 350, 2002; No 323, 2005; No 274, 2013 r 21.053 (prev r 21.53)........... renum No 350, 2002 am No 350, 2002 Subpart 21.C Subpart 21.C heading.............. rs No 80, 2013 Subpart 21.C (prev Subpart C) renum No 350, 2002 r 21.071 (prev r 21.71)........... renum No 350, 2002 r 21.073 (prev r 21.73)........... renum No 350, 2002 r 21.075 (prev r 21.75)........... renum No 350, 2002 r 21.076 (prev r 21.76)........... renum No 350, 2002 am No 350, 2002; No 77, 2011 r 21.077 (prev r 21.77)........... renum No 350, 2002 r 21.078 (prev r 21.78)........... renum No 350, 2002 am No 350, 2002 r 21.079 (prev r 21.79)........... renum No 350, 2002 rep No 80, 2013 r 21.81.................................... am No 166, 1999; No 350, 2002 r 21.081 (prev r 21.81)........... renum No 350, 2002 am No 80, 2013 r 21.83.................................... am No 166, 1999; No 350, 2002 r 21.083 (prev r 21.83)........... renum No 350, 2002 am No 80, 2013; No 274, 2013 r 21.85.................................... am No 166, 1999; No 350, 2002 r 21.085 (prev r 21.85)........... renum No 350, 2002 am No 80, 2013; No 274, 2013 Subpart 21.D Subpart 21.D (prev Subpart D)............................................... renum No 350, 2002 r 21.091 (prev r 21.91)........... renum No 350, 2002 r 21.093 (prev r 21.93)........... renum No 350, 2002 r 21.095 (prev r 21.95)........... renum No 350, 2002 rs No 188, 2013 r 21.097 (prev r 21.97)........... renum No 350, 2002 am No 188, 2013 r 21.098 (prev r 21.98)........... renum No 350, 2002 am No 350, 2002; No 77, 2011; No 188, 2013 r 21.99.................................... am No 268, 2002 r 21.099 (prev r 21.99)........... renum No 350, 2002 r 21.101.................................. am No 166, 1999; No 350, 2002; No 80, 2013; No 245, 2015 Subpart 21.E Subpart 21.E heading.............. rs No 80, 2013 Subpart 21.E (prev Subpart E) renum No 350, 2002 r 21.113.................................. am No 350, 2002; No 77, 2011 r 21.113A............................... am No 77, 2011 r 21.114.................................. am No 80, 2013; No 274, 2013 r 21.115.................................. am No 350, 2002 rs No 188, 2013 r 21.117.................................. am No 166, 1999 rs No 188, 2013 r 21.118.................................. am No 350, 2002 r 21.119.................................. am No 350, 2002; No 274, 2013 r 21.120.................................. ad No 188, 2013 r 21.120A............................... ad No 188, 2013 r 21.120B................................ ad No 40, 2014 Subpart 21.F Subpart 21.F (prev Subpart F). renum No 350, 2002 r 21.121.................................. am No 350, 2002 r 21.123.................................. am No 268, 2002 r 21.125.................................. am No 268, 2002; No 188, 2013 r 21.127.................................. am No 268, 2002 r 21.128.................................. am No 268, 2002 r 21.129.................................. am No 268, 2002 r 21.130.................................. am No 227, 2000 r 21.130A............................... am No 268, 2002; No 80, 2013 Subpart 21.G Subpart 21.G (prev Subpart G)............................................... renum No 350, 2002 r 21.131.................................. am No 227, 2000 r 21.132.................................. ad No 227, 2000 am No 350, 2002; No 188, 2013; No 274, 2013; No 245, 2015 r 21.132A............................... ad No 227, 2000 am No 242, 2001 rs No 188, 2013 r 21.133.................................. rs No 227, 2000 am No 242, 2001; No 297, 2003; No 77, 2011; No 188, 2013 r 21.134.................................. am No 268, 2002; No 77, 2011 r 21.135.................................. am No 227, 2000 r 21.137.................................. am No 80, 2013; No 188, 2013 r 21.139.................................. rs No 227, 2000 r 21.143.................................. am No 227, 2000; No 268, 2002; No 297, 2003 r 21.144.................................. am No 227, 2000 r 21.145.................................. am No 268, 2002; No 297, 2003 r 21.147.................................. am No 227, 2000; No 268, 2002 r 21.149.................................. rs No 227, 2000 r 21.151.................................. rs No 227, 2000 am No 297, 2003 r 21.153.................................. am No 227, 2000; No 77, 2011 r 21.155.................................. rep No 80, 2013 r 21.157.................................. rs No 268, 2002 r 21.159.................................. am No 350, 2002 r 21.161.................................. am No 268, 2002 r 21.163.................................. am No 350, 2002; No 328, 2010 r 21.165.................................. rs No 227, 2000 am No 268, 2002 r 21.166.................................. rs No 227, 2000 am No 268, 2002; No 80, 2013 Subpart 21.H Subpart H heading................... rs No 166, 1999 Subpart 21.H heading.............. rs No 80, 2013 Subpart 21.H (prev Subpart H)............................................... renum No 350, 2002 r 21.171.................................. am No 166, 1999; No 323, 2005 r 21.172.................................. ad No 321, 2005 am No 245, 2015 r 21.173.................................. am No 166, 1999; No 204, 2000; No 134, 2004; No 321, 2005; No 77, 2011 r 21.175.................................. am No 321, 2005; No 80, 2013 r 21.176.................................. am No 166, 1999; No 268, 2002; No 350, 2002; No 77, 2011 r 21.181.................................. am No 166, 1999; No 268, 2002; No 350, 2002; No 321, 2005; No 328, 2010; No 274, 2013 r 21.182.................................. ad No 204, 2000 am No 321, 2005; No 274, 2013 r 21.183.................................. am No 166, 1999; No 320, 2002; No 350, 2002; No 328, 2010; No 76, 2011 r 21.184.................................. am No 166, 1999; No 350, 2002; No 328, 2010; No 76, 2011; No 275, 2013; No 245, 2015 r 21.184A............................... am No 166, 1999; No 350, 2002; No 76, 2011; No 245, 2015 r 21.185.................................. am No 166, 1999; No 350, 2002; No 76, 2011 r 21.186.................................. ad No 321, 2005 am No 188, 2013 r 21.187.................................. am No 268, 2002; No 350, 2002 r 21.190.................................. am No 166, 1999; No 227, 2000; No 345, 2004; No 76, 2011 r 21.191.................................. am No 350, 2002; No 321, 2005 r 21.192.................................. am No 204, 2000; No 134, 2004; No 321, 2005 r 21.193.................................. am No 321, 2005; No 80, 2013; No 188, 2013 r 21.195A............................... am No 166, 1999; No 268, 2002; No 77, 2011; No 188, 2013 r 21.195B................................ am No 268, 2002; No 350, 2002; No 321, 2005; No 188, 2013 r 21.195C................................ ad No 188, 2013 r 21.197.................................. am No 166, 1999; No 320, 2002; No 350, 2002; No 328, 2010 r 21.199.................................. am No 77, 2011 r 21.200.................................. am No 268, 2002; No 350, 2002; No 230, 2004; No 64, 2009; No 77, 2011 r 21.201.................................. am No 268, 2002; No 350, 2002; No 77, 2011 Subpart 21.I Subpart 21.I heading............... rs No 80, 2013 Subpart 21.I (prev Subpart I).. renum No 350, 2002 r 21.215.................................. am No 80, 2013 r 21.216.................................. am No 77, 2011 r 21.217.................................. am No 350, 2002 r 21.219.................................. rs No 80, 2013 r 21.221.................................. am No 166, 1999; No 350, 2002; No 80, 2013 r 21.223.................................. am No 166, 1999; No 350, 2002; No 80, 2013 r 21.225.................................. am No 166, 1999; No 350, 2002; No 80, 2013 Subpart 21.J Subpart 21.J (prev Subpart J).. renum No 350, 2002 rs No 188, 2013 Division 21.J.1 r 21.231.................................. am No 227, 2000 rs No 188, 2013 r 21.233.................................. ad No 188, 2013 am No 40, 2014; No 166, 2014 r 21.235.................................. am No 77, 2011 rs No 188, 2013 r 21.237.................................. ad No 188, 2013 r 21.239.................................. am No 77, 2011; No 80, 2013 rs No 188, 2013 Division 21.J.2 r 21.241.................................. ad No 188, 2013 r 21.243.................................. am No 350, 2002 rs No 188, 2013 r 21.245.................................. am No 268, 2002 rs No 188, 2013 r 21.247.................................. rep No 80, 2013 ad No 188, 2013 am No 245, 2015 r 21.248.................................. ad No 188, 2013 am No 245, 2015 r 21.249.................................. rs No 188, 2013 Division 21.J.3 r 21.251.................................. am No 227, 2000 rs No 188, 2013 am No 40, 2014 Division 21.J.4 r 21.253.................................. am No 80, 2013 rs No 188, 2013 r 21.255.................................. ad No 188, 2013 am No 166, 2014 r 21.256.................................. ad No 188, 2013 r 21.257.................................. rs No 188, 2013 r 21.258.................................. ad No 188, 2013 am No 245, 2015 r 21.259.................................. ad No 188, 2013 r 21.261.................................. am No 268, 2002; No 80, 2013 rs No 188, 2013 Division 21.J.5 r 21.263.................................. ad No 188, 2013 am No 245, 2015 r 21.265.................................. ad No 188, 2013 r 21.267.................................. am No 350, 2002 rs No 188, 2013 r 21.269.................................. rs No 188, 2013 am No 245, 2015 r 21.270.................................. ad No 188, 2013 am No 245, 2015 r 21.271.................................. am No 227, 2000; No 268, 2002; No 345, 2004 rs No 188, 2013 r 21.273.................................. rs No 188, 2013 r 21.275.................................. rs No 188, 2013 r 21.277.................................. am No 268, 2002; No 350, 2002 rs No 188, 2013 r 21.279.................................. ad No 188, 2013 r 21.281.................................. ad No 188, 2013 r 21.283.................................. ad No 188, 2013 r 21.289.................................. rep No 188, 2013 r 21.293.................................. am No 268, 2002 rep No 188, 2013 Subpart 21.K Subpart 21.K (prev Subpart K)............................................... renum No 350, 2002 r 21.303.................................. am No 227, 2000; No 268, 2002; No 350, 2002; No 297, 2003; No 328, 2010; No 76, 2011; No 77, 2011; No 80, 2013; No 188, 2013; No 274, 2013; No 166, 2014 r 21.304.................................. ad No 297, 2003 rep No 77, 2011 r 21.304A............................... ad No 297, 2003 r 21.305.................................. am No 350, 2002; No 328, 2010; No 245, 2015 r 21.305A............................... am No 188, 2013; No 245, 2015 r 21.306.................................. rs No 328, 2010 Subpart 21.L Subpart 21.L (prev Subpart L) renum No 350, 2002 r 21.321.................................. am No 80, 2013; No 274, 2013 r 21.324.................................. am No 77, 2011 r 21.325.................................. am No 227, 2000; No 268, 2002; No 350, 2002 r 21.327.................................. am No 166, 1999; No 77, 2011; No 80, 2013 r 21.329.................................. am No 166, 1999; No 350, 2002; No 328, 2010 r 21.331.................................. am No 166, 1999; No 188, 2013 r 21.333.................................. am No 166, 1999; No 188, 2013 r 21.337.................................. rep No 328, 2010 Subpart 21.M Subpart 21.M.......................... ad No 76, 2011 Division 21.M.1 r 21.400.................................. ad No 76, 2011 am No 245, 2015 r 21.402.................................. ad No 76, 2011 rs No 188, 2013 r 21.403.................................. ad No 188, 2013 Division 21.M.2 r 21.405.................................. ad No 76, 2011 am No 188, 2013; No 245, 2015 r 21.410.................................. ad No 76, 2011 am No 188, 2013 r 21.414.................................. ad No 76, 2011 am No 188, 2013 r 21.416.................................. ad No 76, 2011 rs No 188, 2013 r 21.418.................................. ad No 188, 2013 r 21.420.................................. ad No 76, 2011 am No 188, 2013 r 21.425.................................. ad No 76, 2011 r 21.430.................................. ad No 76, 2011 am No 188, 2013 r 21.435.................................. ad No 76, 2011 am No 188, 2013 r 21.436.................................. ad No 188, 2013 r 21.437.................................. ad No 76, 2011 am No 188, 2013 r 21.440.................................. ad No 76, 2011 am No 188, 2013 r 21.445.................................. ad No 76, 2011 am No 188, 2013 Division 21.M.3 r 21.448.................................. ad No 76, 2011 am No 245, 2015 r 21.450.................................. ad No 76, 2011 r 21.455.................................. ad No 76, 2011 r 21.460.................................. ad No 76, 2011 Division 21.M.4 r 21.465.................................. ad No 76, 2011 r 21.470.................................. ad No 76, 2011 am No 274, 2013; No 166, 2014 r 21.475.................................. ad No 76, 2011 rs No 245, 2015 Subpart 21.N Subpart 21.N (prev Subpart N)............................................... renum No 350, 2002 r 21.500.................................. am No 166, 1999; No 350, 2002; No 80, 2013; No 188, 2013; No 40, 2014 r 21.500A............................... am No 77, 2011; No 188, 2013 r 21.502.................................. am No 166, 1999; No 350, 2002; No 80, 2013; No 40, 2014; No 245, 2015 r 21.502A............................... am No 166, 1999; No 77, 2011; No 188, 2013; No 245, 2015 Subpart 21.O Subpart 21.O (prev Subpart O)............................................... renum No 350, 2002 r 21.601.................................. am No 34, 2001; No 80, 2013; No 188, 2013; No 245, 2015 r 21.603.................................. am No 34, 2001 rs No 268, 2002 am No 188, 2013 r 21.605.................................. am No 166, 1999; No 34, 2001; No 297, 2003; No 77, 2011; No 188, 2013 r 21.607.................................. am No 34, 2001; No 268, 2002; No 80, 2013; No 188, 2013; No 245, 2015 r 21.609.................................. am No 166, 1999; No 34, 2001; No 77, 2011; No 188, 2013; No 274, 2013 r 21.611.................................. am No 34, 2001; No 268, 2002; No 350, 2002; No 76, 2011; No 188, 2013 r 21.613.................................. am No 268, 2002; No 297, 2003 r 21.617.................................. am No 166, 1999; No 274, 2013; No 275, 2013 r 21.619.................................. am No 34, 2001; No 350, 2002; No 188, 2013 r 21.621.................................. am No 80, 2013 Subpart 21.Q Subpart Q................................ ad No 204, 2000 Subpart 21.Q (prev Subpart Q)............................................... renum No 350, 2002 Division 21.Q.1 Division 21.Q.1 (prev............. Division 1) renum No 350, 2002 r 21.805.................................. ad No 204, 2000 r 21.810.................................. ad No 204, 2000 Division 21.Q.2 Division 21.Q.2 (prev............. Division 2) renum No 350, 2002 r 21.815.................................. ad No 204, 2000 r 21.820.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002; No 321, 2005; No 77, 2011 r 21.825.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002 r 21.830.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002 r 21.835.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002 r 21.840.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002 Division 21.Q.3 Division 21.Q.3 (prev............. Division 3) renum No 350, 2002 r 21.845.................................. ad No 204, 2000 am No 345, 2004 r 21.850.................................. ad No 204, 2000 am No 268, 2002 r 21.855.................................. ad No 204, 2000 am No 268, 2002 Division 21.Q.4 Division 21.Q.4 heading......... rs No 297, 2003 Division 21.Q.4 (prev............. Division 4) renum No 350, 2002 r 21.860.................................. ad No 204, 2000 rs No 297, 2003 am No 345, 2004 r 21.865.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002; No 297, 2003 r 21.870.................................. ad No 204, 2000 am No 242, 2001; No 268, 2002; No 297, 2003 r 21.875.................................. ad No 297, 2003 am No 345, 2004 r 21.880.................................. ad No 297, 2003 Part 22 Part 22.................................... am No 345, 2004 rs No 147, 2009 am No 80, 2013 r 22.0...................................... ad No 204, 2000 r 22.000 (prev r 22.0)............. renum No 350, 2002 rep No 345, 2004 r 22.001 (prev r 22.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 22.002 (prev r 22.2)............. renum No 350, 2002 am No 350, 2002 rs No 147, 2009 r 22.003 (prev r 22.3)............. renum No 350, 2002 rs No 147, 2009 r 22.004 (prev r 22.4)............. renum No 350, 2002 rs No 147, 2009 r 22.005 (prev r 22.5)............. renum No 350, 2002 am No 350, 2002 rep No 147, 2009 r 22.006 (prev r 22.6)............. renum No 350, 2002 rep No 147, 2009 r 22.007 (prev r 22.7)............. renum No 350, 2002 rep No 147, 2009 r 22.008 (prev r 22.8)............. renum No 350, 2002 am No 350, 2002 rep No 147, 2009 r 22.009 (prev r 22.9)............. renum No 350, 2002 rep No 147, 2009 Part 23 Part 23.................................... am No 345, 2004; No 80, 2013 r 23.0...................................... ad No 204, 2000 r 23.000 (prev r 23.0)............. renum No 350, 2002 rep No 345, 2004 r 23.001 (prev r 23.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 23.002 (prev r 23.2)............. renum No 350, 2002 am No 350, 2002 rs No 147, 2009 r 23.003 (prev r 23.3)............. renum No 350, 2002 r 23.004 (prev r 23.4)............. renum No 350, 2002 rs No 147, 2009 r 23.005 (prev r 23.5)............. renum No 350, 2002 rs No 147, 2009 r 23.006 (prev r 23.6)............. renum No 350, 2002 am No 80, 2013 r 23.007 (prev r 23.7)............. renum No 350, 2002 rs No 147, 2009 r 23.008 (prev r 23.8)............. renum No 350, 2002 rs No 147, 2009 Part 25 Part 25.................................... am No 345, 2004; No 80, 2013 Subpart 25.A Subpart A heading................... ad No 227, 2000 reloc No 350, 2002 Subpart 25.A (prev Subpart A)............................................... renum No 350, 2002 r 25.0...................................... ad No 204, 2000 rs No 350, 2002 r 25.000 (prev r 25.0)............. renum No 350, 2002 rep No 345, 2004 r 25.1...................................... am No 227, 2000 r 25.001 (prev r 25.1)............. renum No 350, 2002 rs No 147, 2009 r 25.002 (prev r 25.2)............. renum No 350, 2002 am No 350, 2002 rs No 147, 2009 Subpart 25.B Subpart B heading................... ad No 227, 2000 Subpart 25.B heading.............. rs No 147, 2009 Subpart 25.B (prev Subpart B) renum No 350, 2002 r 25.003 (prev r 25.3)............. renum No 350, 2002 r 25.004 (prev r 25.4)............. renum No 350, 2002 rs No 147, 2009 r 25.005 (prev r 25.5)............. renum No 350, 2002 am No 80, 2013 r 25.006 (prev r 25.6)............. renum No 350, 2002 rs No 147, 2009 Subpart 25.C Subpart C................................ ad No 227, 2000 Subpart 25.C (prev Subpart C) renum No 350, 2002 r 25.11.................................... ad No 227, 2000 r 25.011 (prev r 25.11)........... renum No 350, 2002 r 25.13.................................... ad No 227, 2000 r 25.013 (prev r 25.13)........... renum No 350, 2002 Part 26 Part 26.................................... am No 345, 2004; No 80, 2013 r 26.0...................................... ad No 204, 2000 r 26.000 (prev r 26.0)............. renum No 350, 2002 rep No 345, 2004 r 26.001 (prev r 26.1)............. renum No 350, 2002 r 26.002 (prev r 26.2)............. renum No 350, 2002 am No 80, 2013 Part 27 Part 27 heading....................... rs No 166, 1999 Part 27.................................... am No 345, 2004; No 80, 2013 r 27.0...................................... ad No 204, 2000 r 27.000 (prev r 27.0)............. renum No 350, 2002 rep No 345, 2004 r 27.1...................................... am No 166, 1999 r 27.001 (prev r 27.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 27.002 (prev r 27.2)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 27.003 (prev r 27.3)............. renum No 350, 2002 r 27.003A............................... ad No 147, 2009 r 27.004 (prev r 27.4)............. renum No 350, 2002 am No 80, 2013 r 27.005.................................. ad No 147, 2009 Part 29 Part 29.................................... am No 345, 2004; No 80, 2013 r 29.0...................................... ad No 204, 2000 r 29.000 (prev r 29.0)............. renum No 350, 2002 rep No 345, 2004 r 29.001 (prev r 29.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 29.002 (prev r 29.2)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 29.003 (prev r 29.3)............. renum No 350, 2002 r 29.003A............................... ad No 147, 2009 r 29.004 (prev r 29.4)............. renum No 350, 2002 am No 80, 2013 r 29.005.................................. ad No 147, 2009 Part 31 Part 31.................................... am No 345, 2004; No 80, 2013 rs No 166, 2014 r 31.0...................................... ad No 204, 2000 r 31.000 (prev r 31.0)............. renum No 350, 2002 rep No 345, 2004 r 31.001 (prev r 31.1)............. renum No 350, 2002 rs No 166, 2014 r 31.002 (prev r 31.2)............. renum No 350, 2002 am No 80, 2013 rs No 166, 2014 r 31.003.................................. ad No 166, 2014 r 31.004.................................. ad No 166, 2014 r 31.005.................................. ad No 166, 2014 r 31.006.................................. ad No 166, 2014 r 31.007.................................. ad No 166, 2014 r 31.008.................................. ad No 166, 2014 Part 32 Part 32.................................... am No 345, 2004; No 80, 2013 r 32.0...................................... ad No 204, 2000 r 32.000 (prev r 32.0)............. renum No 350, 2002 rep No 345, 2004 r 32.001 (prev r 32.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 32.002 (prev r 32.2)............. renum No 350, 2002 am No 345, 2004; No 147, 2009; No 80, 2013 r 32.003 (prev r 32.3)............. renum No 350, 2002 rs No 147, 2009 r 32.004 (prev r 32.4)............. renum No 350, 2002 rs No 147, 2009 Part 33 Part 33.................................... am No 345, 2004; No 80, 2013 r 33.0...................................... ad No 204, 2000 r 33.000 (prev r 33.0)............. renum No 350, 2002 rep No 345, 2004 r 33.001 (prev r 33.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 33.002 (prev r 33.2)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 33.003 (prev r 33.3)............. renum No 350, 2002 r 33.003A............................... ad No 147, 2009 r 33.004 (prev r 33.4)............. renum No 350, 2002 am No 80, 2013 r 33.005.................................. ad No 147, 2009 Part 35 Part 35.................................... am No 345, 2004; No 80, 2013 r 35.0...................................... ad No 204, 2000 r 35.000 (prev r 35.0)............. renum No 350, 2002 rep No 345, 2004 r 35.001 (prev r 35.1)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 35.002 (prev r 35.2)............. renum No 350, 2002 am No 345, 2004 rs No 147, 2009 r 35.003 (prev r 35.3)............. renum No 350, 2002 r 35.003A............................... ad No 147, 2009 r 35.004 (prev r 35.4)............. renum No 350, 2002 am No 80, 2013 r 35.005.................................. ad No 147, 2009 Part 39 Part 39.................................... ad No 262, 1999 am No 345, 2004; No 80, 2013 r 39.0...................................... ad No 204, 2000 r 39.000 (prev r 39.0)............. renum No 350, 2002 rep No 345, 2004 r 39.001A............................... ad No 64, 2009 am No 274, 2013 r 39.1...................................... ad No 262, 1999 r 39.001 (prev r 39.1)............. renum No 350, 2002 am No 230, 2004; No 323, 2005; No 64, 2009 r 39.2...................................... ad No 262, 1999 r 39.002 (prev r 39.2)............. renum No 350, 2002 am No 350, 2002; No 64, 2009; No 274, 2013 r 39.002A............................... ad No 64, 2009 r 39.3...................................... ad No 262, 1999 rs No 268, 2002 r 39.003 (prev r 39.3)............. renum No 350, 2002 am No 134, 2004 rs No 230, 2004 am No 64, 2009 r 39.4...................................... ad No 262, 1999 r 39.004 (prev r 39.4)............. renum No 350, 2002 am No 230, 2004 rs No 64, 2009 r 39.5...................................... ad No 262, 1999 am No 350, 2002 r 39.005 (prev r 39.5)............. renum No 350, 2002 rs No 64, 2009 am No 274, 2013 r 39.6...................................... ad No 262, 1999 r 39.006 (prev r 39.6)............. renum No 350, 2002 am No 64, 2009 r 39.7...................................... ad No 262, 1999 r 39.007 (prev r 39.7)............. renum No 350, 2002 am No 350, 2002; No 64, 2009 Part 42 Part 42.................................... ad No 328, 2010 am No 80, 2013; No 274, 2013 Subpart 42.A r 42.005.................................. ad No 328, 2010 r 42.010.................................. ad No 328, 2010 am No 275, 2013 r 42.015.................................. ad No 328, 2010 am No 76, 2011; No 107, 2012; No 275, 2013; No 166, 2014; No 245, 2015 r 42.020.................................. ad No 328, 2010 am No 80, 2013 Subpart 42.B Division 42.B.1 r 42.025.................................. ad No 328, 2010 Division 42.B.2 r 42.030.................................. ad No 328, 2010 am No 80, 2013; No 275, 2013 r 42.035.................................. ad No 328, 2010 r 42.040.................................. ad No 328, 2010 r 42.045.................................. ad No 328, 2010 r 42.050.................................. ad No 328, 2010 r 42.055.................................. ad No 328, 2010 r 42.060.................................. ad No 328, 2010 r 42.065.................................. ad No 328, 2010 r 42.070.................................. ad No 328, 2010 r 42.075.................................. ad No 328, 2010 r 42.080.................................. ad No 328, 2010 am No 80, 2013 Division 42.B.3 r 42.085.................................. ad No 328, 2010 r 42.090.................................. ad No 328, 2010 r 42.095.................................. ad No 328, 2010 Subpart 42.C Division 42.C.1 r 42.100.................................. ad No 328, 2010 r 42.105.................................. ad No 328, 2010 Division 42.C.2 r 42.110.................................. ad No 328, 2010 r 42.115.................................. ad No 328, 2010 r 42.120.................................. ad No 328, 2010 am No 274, 2013 r 42.125.................................. ad No 328, 2010 r 42.130.................................. ad No 328, 2010 r 42.135.................................. ad No 328, 2010 r 42.140.................................. ad No 328, 2010 r 42.145.................................. ad No 328, 2010 r 42.150.................................. ad No 328, 2010 r 42.155.................................. ad No 328, 2010 r 42.160.................................. ad No 328, 2010 r 42.165.................................. ad No 328, 2010 Division 42.C.3 Subdivision 42.C.3.1 r 42.170.................................. ad No 328, 2010 Subdivision 42.C.3.2 r 42.175.................................. ad No 328, 2010 r 42.180.................................. ad No 328, 2010 am No 275, 2013 r 42.185.................................. ad No 328, 2010 r 42.190.................................. ad No 328, 2010 r 42.195.................................. ad No 328, 2010 am No 275, 2013 r 42.200.................................. ad No 328, 2010 am No 275, 2013 r 42.205.................................. ad No 328, 2010 am No 275, 2013 r 42.210.................................. ad No 328, 2010 am No 275, 2013 Subdivision 42.C.3.3 r 42.215.................................. ad No 328, 2010 Subdivision 42.C.3.4 r 42.220.................................. ad No 328, 2010 am No 80, 2013 r 42.225.................................. ad No 328, 2010 Subdivision 42.C.3.5 r 42.230.................................. ad No 328, 2010 r 42.235.................................. ad No 328, 2010 r 42.240.................................. ad No 328, 2010 Subdivision 42.C.3.6 r 42.245.................................. ad No 328, 2010 r 42.250.................................. ad No 328, 2010 r 42.255.................................. ad No 328, 2010 Subdivision 42.C.3.7 r 42.260.................................. ad No 328, 2010 am No 275, 2013 r 42.265.................................. ad No 328, 2010 Division 42.C.4 r 42.270.................................. ad No 328, 2010 am No 76, 2011; No 166, 2014; No 245, 2015 r 42.275.................................. ad No 328, 2010 r 42.280.................................. ad No 328, 2010 am No 80, 2013 r 42.285.................................. ad No 328, 2010 Subpart 42.D Division 42.D.1 r 42.290.................................. ad No 328, 2010 Division 42.D.2 r 42.295.................................. ad No 328, 2010 r 42.300.................................. ad No 328, 2010 am No 5, 2013 r 42.301.................................. ad No 80, 2013 am No 274, 2013; No 275, 2013; No 166, 2014 Division 42.D.3 r 42.305.................................. ad No 328, 2010 r 42.306.................................. ad No 80, 2013 am No 274, 2013; No 275, 2013 Division 42.D.4 r 42.310.................................. ad No 328, 2010 r 42.315.................................. ad No 328, 2010 r 42.320.................................. ad No 328, 2010 r 42.325.................................. ad No 328, 2010 am No 275, 2013 r 42.330.................................. ad No 328, 2010 Division 42.D.5 r 42.335.................................. ad No 328, 2010 am No 5, 2013 r 42.340.................................. ad No 328, 2010 r 42.345.................................. ad No 328, 2010 Division 42.D.6 Subdivision 42.D.6.1 r 42.350.................................. ad No 328, 2010 r 42.355.................................. ad No 328, 2010 r 42.360.................................. ad No 328, 2010 am No 40, 2014 r 42.365.................................. ad No 328, 2010 r 42.370.................................. ad No 328, 2010 Subdivision 42.D.6.2 r 42.375.................................. ad No 328, 2010 r 42.380.................................. ad No 328, 2010 r 42.385.................................. ad No 328, 2010 r 42.390.................................. ad No 328, 2010 Division 42.D.7 r 42.395.................................. ad No 328, 2010 am No 275, 2013 r 42.400.................................. ad No 328, 2010 r 42.405.................................. ad No 328, 2010 r 42.410.................................. ad No 328, 2010 Subpart 42.E Division 42.E.1 r 42.415.................................. ad No 328, 2010 Division 42.E.2 r 42.420.................................. ad No 328, 2010 am No 80, 2013 r 42.425.................................. ad No 328, 2010 r 42.430.................................. ad No 328, 2010 am No 80, 2013; No 166, 2014 r 42.435.................................. ad No 328, 2010 r 42.440.................................. ad No 328, 2010 am No 274, 2013 r 42.445.................................. ad No 328, 2010 r 42.450.................................. ad No 328, 2010 r 42.455.................................. ad No 328, 2010 Division 42.E.3 r 42.460.................................. ad No 328, 2010 r 42.465.................................. ad No 328, 2010 Division 42.E.4 r 42.470.................................. ad No 328, 2010 am No 274, 2013 r 42.475.................................. ad No 328, 2010 r 42.480.................................. ad No 328, 2010 r 42.485.................................. ad No 328, 2010 r 42.490.................................. ad No 328, 2010 Subpart 42.F Division 42.F.1 r 42.495.................................. ad No 328, 2010 r 42.500.................................. ad No 328, 2010 r 42.505.................................. ad No 328, 2010 Division 42.F.2 r 42.510.................................. ad No 328, 2010 r 42.515.................................. ad No 328, 2010 r 42.520.................................. ad No 328, 2010 r 42.525.................................. ad No 328, 2010 r 42.530.................................. ad No 328, 2010 Division 42.F.3 r 42.535.................................. ad No 328, 2010 r 42.540.................................. ad No 328, 2010 r 42.545.................................. ad No 328, 2010 r 42.550.................................. ad No 328, 2010 Division 42.F.4 r 42.555.................................. ad No 328, 2010 r 42.560.................................. ad No 328, 2010 r 42.565.................................. ad No 328, 2010 Subpart 42.G Division 42.G.1 r 42.570.................................. ad No 328, 2010 r 42.575.................................. ad No 328, 2010 r 42.580.................................. ad No 328, 2010 Division 42.G.2 r 42.585.................................. ad No 328, 2010 r 42.590.................................. ad No 328, 2010 r 42.595.................................. ad No 328, 2010 r 42.600.................................. ad No 328, 2010 r 42.605.................................. ad No 328, 2010 Division 42.G.3 r 42.610.................................. ad No 328, 2010 r 42.615.................................. ad No 328, 2010 r 42.620.................................. ad No 328, 2010 r 42.625.................................. ad No 328, 2010 Division 42.G.4 r 42.630.................................. ad No 328, 2010 am No 5, 2013 r 42.635.................................. ad No 328, 2010 r 42.640.................................. ad No 328, 2010 r 42.645.................................. ad No 328, 2010 Division 42.G.5 r 42.650.................................. ad No 328, 2010 r 42.655.................................. ad No 328, 2010 r 42.660.................................. ad No 328, 2010 r 42.665.................................. ad No 328, 2010 r 42.670.................................. ad No 328, 2010 r 42.675.................................. ad No 328, 2010 Subpart 42.H Division 42.H.1 r 42.680.................................. ad No 328, 2010 Division 42.H.2 Subdivision 42.H.2.1 r 42.685.................................. ad No 328, 2010 Subdivision 42.H.2.2 r 42.690.................................. ad No 328, 2010 r 42.695.................................. ad No 328, 2010 r 42.700.................................. ad No 328, 2010 Subdivision 42.H.2.3 r 42.705.................................. ad No 328, 2010 r 42.710.................................. ad No 328, 2010 Subdivision 42.H.2.4 r 42.715.................................. ad No 328, 2010 Division 42.H.3 Subdivision 42.H.3.1 r 42.720.................................. ad No 328, 2010 r 42.725.................................. ad No 328, 2010 Subdivision 42.H.3.2 r 42.730.................................. ad No 328, 2010 r 42.735.................................. ad No 328, 2010 r 42.740.................................. ad No 328, 2010 Subdivision 42.H.3.3 r 42.745.................................. ad No 328, 2010 r 42.750.................................. ad No 328, 2010 r 42.755.................................. ad No 328, 2010 Subdivision 42.H.3.4 r 42.760.................................. ad No 328, 2010 am No 80, 2013 r 42.765.................................. ad No 328, 2010 Subdivision 42.H.3.5 r 42.770.................................. ad No 328, 2010 Division 42.H.4 Subdivision 42.H.4.1 r 42.775.................................. ad No 328, 2010 r 42.780.................................. ad No 328, 2010 Subdivision 42.H.4.2 r 42.785.................................. ad No 328, 2010 r 42.790.................................. ad No 328, 2010 Subdivision 42.H.4.3 r 42.795.................................. ad No 328, 2010 r 42.800.................................. ad No 328, 2010 r 42.805.................................. ad No 328, 2010 Subdivision 42.H.4.4 r 42.810.................................. ad No 328, 2010 r 42.815.................................. ad No 328, 2010 am No 80, 2013 Subdivision 42.H.4.5 r 42.820.................................. ad No 328, 2010 r 42.825.................................. ad No 328, 2010 Subpart 42.I Division 42.I.1 r 42.830.................................. ad No 328, 2010 r 42.835.................................. ad No 328, 2010 Division 42.I.2 r 42.840.................................. ad No 328, 2010 r 42.845.................................. ad No 328, 2010 r 42.850.................................. ad No 328, 2010 r 42.855.................................. ad No 328, 2010 r 42.860.................................. ad No 328, 2010 r 42.865.................................. ad No 328, 2010 r 42.870.................................. ad No 328, 2010 Division 42.I.3 r 42.875.................................. ad No 328, 2010 r 42.880.................................. ad No 328, 2010 r 42.885.................................. ad No 328, 2010 r 42.890.................................. ad No 328, 2010 r 42.895.................................. ad No 328, 2010 Division 42.I.4 r 42.900.................................. ad No 328, 2010 am No 275, 2013 Division 42.I.5 r 42.905.................................. ad No 328, 2010 r 42.910.................................. ad No 328, 2010 r 42.915.................................. ad No 328, 2010 r 42.920.................................. ad No 328, 2010 r 42.925.................................. ad No 328, 2010 Division 42.I.6 r 42.930.................................. ad No 328, 2010 Subpart 42.J Division 42.J.1 r 42.935.................................. ad No 328, 2010 Division 42.J.2 r 42.940.................................. ad No 328, 2010 r 42.945.................................. ad No 328, 2010 r 42.950.................................. ad No 328, 2010 r 42.955.................................. ad No 328, 2010 r 42.960.................................. ad No 328, 2010 r 42.965.................................. ad No 328, 2010 Division 42.J.3 r 42.970.................................. ad No 328, 2010 r 42.975.................................. ad No 328, 2010 r 42.980.................................. ad No 328, 2010 Division 42.J.4 r 42.985.................................. ad No 328, 2010 r 42.990.................................. ad No 328, 2010 r 42.995.................................. ad No 328, 2010 r 42.1000................................ ad No 328, 2010 r 42.1005................................ ad No 328, 2010 r 42.1010................................ ad No 328, 2010 Division 42.J.5 r 42.1015................................ ad No 328, 2010 r 42.1020................................ ad No 328, 2010 r 42.1025................................ ad No 328, 2010 Subpart 42.K r 42.1030................................ ad No 328, 2010 r 42.1035................................ ad No 328, 2010 Subpart 42.L Division 42.L.1 r 42.1040................................ ad No 328, 2010 Division 42.L.2 r 42.1045................................ ad No 328, 2010 r 42.1050................................ ad No 328, 2010 Division 42.L.3 r 42.1055................................ ad No 328, 2010 r 42.1060................................ ad No 328, 2010 Subpart 42.M r 42.1065................................ ad No 328, 2010 r 42.0170................................ ad No 328, 2010 r 42.1075................................ ad No 328, 2010 Subpart 42.N r 42.1080................................ ad No 328, 2010 r 42.1085................................ ad No 328, 2010 r 42.1090................................ ad No 328, 2010 r 42.1095................................ ad No 328, 2010 Subpart 42.O r 42.1100................................ ad No 328, 2010 r 42.1105................................ ad No 328, 2010 Part 43.................................... ad No 204, 2000 rep No 328, 2010 Part 45 Part 45.................................... ad No 204, 2000 am No 345, 2004; No 80, 2013 rs No 245, 2015 Subpart 45.A Subpart 45.A (prev Subpart A)............................................... renum No 350, 2002 rs No 245, 2015 r 45.000.................................. ad No 204, 2000 am No 242, 2001; No 350, 2002 rep No 345, 2004 r 45.005.................................. ad No 204, 2000 am No 77, 2011 rs No 245, 2015 Division 45.B.1 Division 45.B.1 (prev............. Division 1) renum No 350, 2002 rep No 245, 2015 r 45.010.................................. ad No 204, 2000 am No 77, 2011 rs No 245, 2015 r 45.015.................................. ad No 204, 2000 rs No 245, 2015 r 45.020.................................. ad No 204, 2000 am No 350, 2002; No 134, 2004 rs No 245, 2015 r 45.025.................................. ad No 204, 2000 am No 134, 2004 rs No 245, 2015 r 45.030.................................. ad No 204, 2000 rs No 245, 2015 r 45.035.................................. ad No 204, 2000 am No 268, 2002; No 77, 2011 rep No 245, 2015 r 45.040.................................. ad No 204, 2000 rep No 245, 2015 r 45.045.................................. ad No 204, 2000 rep No 245, 2015 Subpart 45.B Subpart 45.B (prev Subpart B) renum No 350, 2002 rs No 245, 2015 r 45.050.................................. ad No 204, 2000 rs No 245, 2015 r 45.055.................................. ad No 204, 2000 rs No 245, 2015 r 45.060.................................. ad No 204, 2000 am No 242, 2001 rs No 245, 2015 r 45.065.................................. ad No 204, 2000 am No 242, 2001 rs No 245, 2015 r 45.070.................................. ad No 204, 2000 rs No 245, 2015 r 45.075.................................. ad No 204, 2000 rep No 245, 2015 r 45.080.................................. ad No 204, 2000 rep No 245, 2015 r 45.085.................................. ad No 204, 2000 am No 268, 2002 rep No 245, 2015 Subpart 45.C Subpart 45.C (prev Subpart C) renum No 350, 2002 rs No 245, 2015 r 45.090.................................. ad No 204, 2000 am No 268, 2002; No 77, 2011 rs No 245, 2015 Division 45.B.2 Division 45.B.2 (prev............. Division 2) renum No 350, 2002 rep No 245, 2015 r 45.095.................................. ad No 204, 2000 rs No 245, 2015 r 45.100.................................. ad No 204, 2000 am No 350, 2002 rs No 245, 2015 r 45.105.................................. ad No 204, 2000 am No 268, 2002 rep No 245, 2015 r 45.110.................................. ad No 204, 2000 rep No 245, 2015 Division 45.B.3 Division 45.B.3 (prev............. Division 3) renum No 350, 2002 rep No 245, 2015 r 45.115.................................. ad No 204, 2000 am No 268, 2002; No 77, 2011 rep No 245, 2015 Subpart 45.D Subpart 45.D (prev Subpart D)............................................... renum No 350, 2002 rs No 245, 2015 r 45.120.................................. ad No 204, 2000 am No 350, 2002 rs No 245, 2015 r 45.125.................................. ad No 204, 2000 am No 268, 2002 rs No 245, 2015 r 45.130.................................. ad No 204, 2000 rs No 245, 2015 r 45.135.................................. ad No 204, 2000 rs No 245, 2015 r 45.140.................................. ad No 204, 2000 am No 134, 2004 rs No 245, 2015 r 45.145.................................. ad No 204, 2000 rs No 268, 2002 rep No 245, 2015 r 45.150.................................. ad No 204, 2000 am No 242, 2001 rep No 245, 2015 r 45.155.................................. ad No 204, 2000 am No 268, 2002; No 350, 2002 rep No 245, 2015 r 45.160.................................. ad No 204, 2000 am No 268, 2002 rep No 245, 2015 Subpart 45.E Subpart 45.E (prev Subpart E) renum No 350, 2002 rep No 245, 2015 r 45.165.................................. ad No 204, 2000 rep No 245, 2015 r 45.170.................................. ad No 204, 2000 am No 268, 2002; No 77, 2011 rep No 245, 2015 Part 47 Part 47.................................... ad No 204, 2000 rs No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 80, 2013; No 275, 2013 Subpart 47.A r 47.000.................................. ad No 204, 2000 (Sch 2 item 7 disallowed) r 47.005.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.010.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 204, 2014 r 47.015.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 77, 2011; F2016L00400 r 47.020.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 Subpart 47.B r 47.025.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.030.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.035.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 rs No 345, 2004 r 47.040.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004; No 275, 2013 r 47.045.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.050.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.055.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 Subpart 47.C r 47.060.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 275, 2013; No 204, 2014 r 47.065.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004; No 274, 2013; No 204, 2014 r 47.070.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.075.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.080.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 204, 2014 r 47.085.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 275, 2013; No 204, 2014 r 47.090.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.095.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 275, 2013 rs No 204, 2014 Subpart 47.D r 47.100.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004; No 275, 2013; No 204, 2014 Subpart 47.E r 47.105.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.110.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 232, 2009; No 275, 2013; No 204, 2014 Subpart 47.F r 47.115.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.120.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004 rep No 77, 2011 r 47.125.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 rep No 77, 2011 r 47.130.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 232, 2009; No 77, 2011 rs No 275, 2013 am No 204, 2014 r 47.131.................................. ad No 275, 2013 am No 204, 2014 r 47.131A............................... ad No 204, 2014 r 47.131B................................ ad No 204, 2014 r 47.132.................................. ad No 275, 2013 rs No 204, 2014 r 47.135.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004 rep No 77, 2011 Subpart 47.G r 47.140.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.145.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.150.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.155.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.160.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004 r 47.165.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 am No 345, 2004; No 204, 2014 Subpart 47.H r 47.170.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.175.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.180.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.185.................................. ad No 204, 2000 (Sch 2 item 7 disallowed); No 134, 2004 r 47.190.................................. ad No 134, 2004 r 47.195.................................. ad No 134, 2004 r 47.200.................................. ad No 134, 2004 rep No 77, 2011 r 47.205.................................. ad No 134, 2004 r 47.210.................................. ad No 134, 2004 r 47.215.................................. ad No 134, 2004 r 47.220.................................. ad No 134, 2004 r 47.225.................................. ad No 134, 2004 am No 77, 2011 Part 60 Part 60.................................... ad No 240, 2003 am No 345, 2004; No 80, 2013; No 274, 2013 Subpart 60.A r 60.000.................................. ad No 240, 2003 rep No 345, 2004 r 60.005.................................. ad No 240, 2003 r 60.010.................................. ad No 240, 2003 Subpart 60.B r 60.015.................................. ad No 240, 2003 r 60.020.................................. ad No 240, 2003 am No 245, 2015 r 60.025.................................. ad No 240, 2003 am No 77, 2011 r 60.030.................................. ad No 240, 2003 am No 77, 2011 r 60.035.................................. ad No 240, 2003 r 60.040.................................. ad No 240, 2003 r 60.045.................................. ad No 240, 2003 r 60.050.................................. ad No 240, 2003 r 60.055.................................. ad No 240, 2003 am No 77, 2011; No 5, 2013 r 60.060.................................. ad No 240, 2003 am No 5, 2013 r 60.065.................................. ad No 240, 2003 r 60.070.................................. ad No 240, 2003 r 60.075.................................. ad No 240, 2003 r 60.080.................................. ad No 240, 2003 r 60.085.................................. ad No 240, 2003 r 60.090.................................. ad No 240, 2003 r 60.095.................................. ad No 240, 2003 Subpart 60.C Subpart 60.C........................... ad No 240, 2003 Part 61 Part 61.................................... ad No 204, 2000 rs No 5, 2013 am No 274, 2013; No 125, 2014 Subpart 61.A Division 61.A.1 r 61.005.................................. ad No 5, 2013 am No 274, 2013 r 61.007.................................. ad No 274, 2013 r 61.010.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.015.................................. ad No 5, 2013 r 61.020.................................. ad No 5, 2013 r 61.025.................................. ad No 5, 2013 r 61.030.................................. ad No 5, 2013 rep No 274, 2013 r 61.035.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.040.................................. ad No 5, 2013 r 61.045.................................. ad No 5, 2013 r 61.047.................................. ad No 5, 2013 r 61.050.................................. ad No 5, 2013 r 61.055.................................. ad No 5, 2013 r 61.060.................................. ad No 5, 2013 r 61.061.................................. ad No 274, 2013 r 61.062.................................. ad No 274, 2013 r 61.063.................................. ad No 274, 2013 r 61.065.................................. ad No 5, 2013 Division 61.A.2 r 61.070.................................. ad No 5, 2013 r 61.075.................................. ad No 5, 2013 r 61.080.................................. ad No 5, 2013 r 61.085.................................. ad No 5, 2013 r 61.090.................................. ad No 5, 2013 r 61.095.................................. ad No 5, 2013 am No 274, 2013 r 61.100.................................. ad No 5, 2013 r 61.105.................................. ad No 5, 2013 am No 274, 2013 r 61.110.................................. ad No 5, 2013 am No 274, 2013 Division 61.A.3 Subdivision 61.A.3.1 Subdivision 61.A.3.1.............. ad No 274, 2013 r 61.112.................................. ad No 274, 2013 r 61.113.................................. ad No 274, 2013 r 61.114.................................. ad No 274, 2013 r 61.115.................................. ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.116.................................. ad No 274, 2013 r 61.117.................................. ad No 274, 2013 r 61.118.................................. ad No 274, 2013 Subdivision 61.A.3.2 Subdivision 61.A.3.2 heading. ad No 274, 2013 r 61.119.................................. ad No 274, 2013 r 61.120.................................. ad No 5, 2013 am No 274, 2013 r 61.125.................................. ad No 5, 2013 r 61.126.................................. ad No 125, 2014 r 61.130.................................. ad No 5, 2013 r 61.135.................................. ad No 5, 2013 r 61.140.................................. ad No 5, 2013 r 61.145.................................. ad No 5, 2013 rs No 125, 2014 Subpart 61.B Division 61.B.1 r 61.150.................................. ad No 5, 2013 r 61.155.................................. ad No 5, 2013 am No 274, 2013 r 61.160.................................. ad No 5, 2013 am No 274, 2013 r 61.165.................................. ad No 5, 2013 am No 274, 2013 r 61.170.................................. ad No 5, 2013 am No 274, 2013 r 61.175.................................. ad No 5, 2013 r 61.180.................................. ad No 5, 2013 r 61.185.................................. ad No 5, 2013 r 61.190.................................. ad No 5, 2013 Division 61.B.2 r 61.195.................................. ad No 5, 2013 r 61.200.................................. ad No 5, 2013 r 61.205.................................. ad No 5, 2013 am No 125, 2014 r 61.210.................................. ad No 5, 2013 am No 274, 2013 Division 61.B.3 r 61.215.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.220.................................. ad No 5, 2013 r 61.225.................................. ad No 5, 2013 r 61.230.................................. ad No 5, 2013 Division 61.B.4 r 61.235.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.240.................................. ad No 5, 2013 r 61.245.................................. ad No 5, 2013 am No 274, 2013 r 61.250.................................. ad No 5, 2013 Division 61.B.5 r 61.255.................................. ad No 5, 2013 r 61.260.................................. ad No 5, 2013 r 61.265.................................. ad No 5, 2013 am No 274, 2013 r 61.270.................................. ad No 5, 2013 Division 61.B.6 r 61.275.................................. ad No 5, 2013 am No 125, 2014 r 61.280.................................. ad No 5, 2013 Division 61.B.7 r 61.285.................................. ad No 5, 2013 am No 274, 2013 Subpart 61.C r 61.290.................................. ad No 5, 2013 am No 125, 2014 r 61.295.................................. ad No 5, 2013 r 61.300.................................. ad No 5, 2013 rs No 274, 2013 r 61.305.................................. ad No 5, 2013 r 61.310.................................. ad No 5, 2013 r 61.315.................................. ad No 5, 2013 r 61.320.................................. ad No 5, 2013 r 61.325.................................. ad No 5, 2013 Subpart 61.D r 61.330.................................. ad No 5, 2013 rep No 125, 2014 r 61.335.................................. ad No 5, 2013 r 61.336.................................. ad No 274, 2013 r 61.340.................................. ad No 5, 2013 am No 274, 2013 r 61.345.................................. ad No 5, 2013 am No 274, 2013 r 61.350.................................. ad No 5, 2013 r 61.355.................................. ad No 5, 2013 r 61.360.................................. ad No 5, 2013 r 61.365.................................. ad No 5, 2013 r 61.370.................................. ad No 5, 2013 rep No 274, 2013 Subpart 61.E Division 61.E.1 r 61.375.................................. ad No 5, 2013 am No 274, 2013 r 61.380.................................. ad No 5, 2013 am No 125, 2014 r 61.385.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.390.................................. ad No 5, 2013 r 61.395.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.400.................................. ad No 5, 2013 am No 274, 2013 r 61.405.................................. ad No 5, 2013 am No 274, 2013 r 61.410.................................. ad No 5, 2013 am No 274, 2013 r 61.415.................................. ad No 5, 2013 r 61.420.................................. ad No 5, 2013 am No 274, 2013 r 61.422.................................. ad No 125, 2014 r 61.425.................................. ad No 5, 2013 r 61.427.................................. ad No 5, 2013 Division 61.E.2 r 61.430.................................. ad No 5, 2013 am No 274, 2013 r 61.435.................................. ad No 5, 2013 am No 274, 2013 Subpart 61.F........................... rep No 274, 2013 r 61.440.................................. ad No 5, 2013 rep No 274, 2013 r 61.445.................................. ad No 5, 2013 rep No 274, 2013 r 61.450.................................. ad No 5, 2013 rep No 274, 2013 r 61.455.................................. ad No 5, 2013 rep No 274, 2013 Subpart 61.G Division 61.G.1 r 61.460.................................. ad No 5, 2013 r 61.465.................................. ad No 5, 2013 r 61.470.................................. ad No 5, 2013 am No 274, 2013 r 61.475.................................. ad No 5, 2013 am No 125, 2014 r 61.480.................................. ad No 5, 2013 Division 61.G.2 r 61.485.................................. ad No 5, 2013 r 61.490.................................. ad No 5, 2013 r 61.495.................................. ad No 5, 2013 am No 274, 2013 r 61.500.................................. ad No 5, 2013 am No 274, 2013 Subpart 61.H Division 61.H.1 r 61.505.................................. ad No 5, 2013 r 61.510.................................. ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.515.................................. ad No 5, 2013 Division 61.H.2 r 61.520.................................. ad No 5, 2013 r 61.525.................................. ad No 5, 2013 r 61.530.................................. ad No 5, 2013 r 61.535.................................. ad No 5, 2013 Division 61.H.3 r 61.540.................................. ad No 5, 2013 r 61.545.................................. ad No 5, 2013 r 61.550.................................. ad No 5, 2013 r 61.555.................................. ad No 5, 2013 r 61.560.................................. ad No 5, 2013 r 61.565.................................. ad No 5, 2013 Subpart 61.I Division 61.I.1 r 61.570.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.575.................................. ad No 5, 2013 am No 125, 2014 r 61.580.................................. ad No 5, 2013 Division 61.I.2 r 61.585.................................. ad No 5, 2013 r 61.590.................................. ad No 5, 2013 r 61.595.................................. ad No 5, 2013 r 61.600.................................. ad No 5, 2013 Division 61.I.3 r 61.605.................................. ad No 5, 2013 r 61.610.................................. ad No 5, 2013 r 61.615.................................. ad No 5, 2013 r 61.620.................................. ad No 5, 2013 r 61.625.................................. ad No 5, 2013 r 61.630.................................. ad No 5, 2013 Subpart 61.J r 61.635.................................. ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.640.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.645.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.650.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.655.................................. ad No 5, 2013 r 61.660.................................. ad No 5, 2013 Subpart 61.K r 61.665.................................. ad No 5, 2013 r 61.670.................................. ad No 5, 2013 r 61.675.................................. ad No 5, 2013 r 61.680.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.685.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.690.................................. ad No 5, 2013 rep No 274, 2013 r 61.695.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.700.................................. ad No 5, 2013 r 61.705.................................. ad No 5, 2013 r 61.710.................................. ad No 5, 2013 r 61.715.................................. ad No 5, 2013 Subpart 61.L Division 61.L.1 r 61.720.................................. ad No 5, 2013 am No 125, 2014 Division 61.L.2 r 61.725.................................. ad No 5, 2013 r 61.730.................................. ad No 5, 2013 am No 274, 2013 Division 61.L.3 r 61.735.................................. ad No 5, 2013 r 61.740.................................. ad No 5, 2013 rep No 125, 2014 r 61.745.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.747.................................. ad No 274, 2013 r 61.750.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 Division 61.L.4 r 61.755.................................. ad No 5, 2013 am No 274, 2013 r 61.760.................................. ad No 5, 2013 rs No 125, 2014 r 61.765.................................. ad No 5, 2013 Division 61.L.5 r 61.770.................................. ad No 5, 2013 am No 274, 2013 r 61.775.................................. ad No 5, 2013 am No 274, 2013 r 61.780.................................. ad No 5, 2013 am No 274, 2013 r 61.785.................................. ad No 5, 2013 am No 125, 2014 r 61.790.................................. ad No 5, 2013 r 61.795.................................. ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.800.................................. ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.805.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.810.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.815.................................. ad No 5, 2013 am No 274, 2013 r 61.820.................................. ad No 5, 2013 r 61.822.................................. ad No 5, 2013 Division 61.L.6 r 61.825.................................. ad No 5, 2013 r 61.830.................................. ad No 5, 2013 r 61.835.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.840.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 (Sch 1 item 77 md) r 61.845.................................. ad No 5, 2013 am No 125, 2014 r 61.850.................................. ad No 5, 2013 Subpart 61.M Division 61.M.1 r 61.855.................................. ad No 5, 2013 r 61.860.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.865.................................. ad No 5, 2013 am No 274, 2013 r 61.870.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.875.................................. ad No 5, 2013 r 61.880.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.885.................................. ad No 5, 2013 am No 274, 2013 r 61.887.................................. ad No 5, 2013 Division 61.M.2 r 61.890.................................. ad No 5, 2013 am No 274, 2013 r 61.895.................................. ad No 5, 2013 r 61.900.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.905.................................. ad No 5, 2013 Subpart 61.N Division 61.N.1 r 61.910.................................. ad No 5, 2013 rs No 125, 2014 r 61.915.................................. ad No 5, 2013 r 61.920.................................. ad No 5, 2013 am No 274, 2013 r 61.925.................................. ad No 5, 2013 am No 274, 2013 r 61.930.................................. ad No 5, 2013 am No 125, 2014 Division 61.N.2 r 61.935.................................. ad No 5, 2013 am No 274, 2013 r 61.940.................................. ad No 5, 2013 am No 125, 2014 r 61.942.................................. ad No 125, 2014 r 61.945.................................. ad No 5, 2013 am No 274, 2013 r 61.950.................................. ad No 5, 2013 Subpart 61.O Division 61.O.1 r 61.955.................................. ad No 5, 2013 r 61.960.................................. ad No 5, 2013 r 61.965.................................. ad No 5, 2013 am No 274, 2013 r 61.970.................................. ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.975.................................. ad No 5, 2013 Division 61.O.2 r 61.980.................................. ad No 5, 2013 am No 274, 2013 r 61.985.................................. ad No 5, 2013 r 61.990.................................. ad No 5, 2013 Subpart 61.P Division 61.P.1 r 61.995.................................. ad No 5, 2013 r 61.1000................................ ad No 5, 2013 r 61.1005................................ ad No 5, 2013 r 61.1010................................ ad No 5, 2013 am No 125, 2014 r 61.1015................................ ad No 5, 2013 am No 125, 2014 r 61.1020................................ ad No 5, 2013 Division 61.P.2 r 61.1025................................ ad No 5, 2013 am No 125, 2014 r 61.1030................................ ad No 5, 2013 r 61.1035................................ ad No 5, 2013 Subpart 61.Q Division 61.Q.1 r 61.1040................................ ad No 5, 2013 r 61.1045................................ ad No 5, 2013 r 61.1050................................ ad No 5, 2013 r 61.1055................................ ad No 5, 2013 am No 274, 2013 r 61.1060................................ ad No 5, 2013 am No 125, 2014 r 61.1070................................ ad No 5, 2013 Division 61.Q.2 r 61.1075................................ ad No 5, 2013 r 61.1080................................ ad No 5, 2013 r 61.1085................................ ad No 5, 2013 Subpart 61.R Division 61.R.1 r 61.1090................................ ad No 5, 2013 r 61.1100................................ ad No 5, 2013 r 61.1105................................ ad No 5, 2013 r 61.1110................................ ad No 5, 2013 am No 274, 2013 r 61.1115................................ ad No 5, 2013 Division 61.R.2 r 61.1120................................ ad No 5, 2013 r 61.1125................................ ad No 5, 2013 r 61.1130................................ ad No 5, 2013 r 61.1135................................ ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.1140................................ ad No 5, 2013 Subpart 61.S r 61.1145................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1150................................ ad No 5, 2013 r 61.1155................................ ad No 5, 2013 r 61.1160................................ ad No 5, 2013 Subpart 61.T Division 61.T.1 r 61.1165................................ ad No 5, 2013 am No 274, 2013 r 61.1170................................ ad No 5, 2013 am No 274, 2013 r 61.1172................................ ad No 274, 2013 r 61.1175................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1180................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1185................................ ad No 5, 2013 am No 274, 2013 Division 61.T.2 r 61.1190................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1195................................ ad No 5, 2013 r 61.1197................................ ad No 274, 2013 r 61.1200................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1205................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1210................................ ad No 5, 2013 Division 61.T.3 r 61.1215................................ ad No 5, 2013 r 61.1220................................ ad No 5, 2013 r 61.1225................................ ad No 5, 2013 rs No 274, 2013 r 61.1227................................ ad No 274, 2013 r 61.1230................................ ad No 5, 2013 Division 61.T.4 r 61.1235................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1240................................ ad No 5, 2013 am No 125, 2014 r 61.1245................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1246................................ ad No 125, 2014 r 61.1247................................ ad No 125, 2014 r 61.1250................................ ad No 5, 2013 r 61.1252................................ ad No 274, 2013 rep No 125, 2014 Subpart 61.U Division 61.U.1 r 61.1255................................ ad No 5, 2013 am No 125, 2014 r 61.1260................................ ad No 5, 2013 rep No 274, 2013 r 61.1265................................ ad No 5, 2013 r 61.1270................................ ad No 5, 2013 am No 274, 2013 r 61.1275................................ ad No 5, 2013 am No 274, 2013 r 61.1280................................ ad No 5, 2013 r 61.1285................................ ad No 5, 2013 am No 274, 2013 r 61.1290................................ ad No 5, 2013 Division 61.U.2 r 61.1295................................ ad No 5, 2013 r 61.1300................................ ad No 5, 2013 am No 125, 2014 r 61.1305................................ ad No 5, 2013 am No 274, 2013 Division 61.U.3 r 61.1310................................ ad No 5, 2013 am No 274, 2013 r 61.1315................................ ad No 5, 2013 r 61.1318................................ ad No 274, 2013 r 61.1320................................ ad No 5, 2013 Subpart 61.V r 61.1325................................ ad No 5, 2013 am No 125, 2014 r 61.1330................................ ad No 5, 2013 r 61.1335................................ ad No 5, 2013 am No 125, 2014 r 61.1340................................ ad No 5, 2013 r 61.1345................................ ad No 5, 2013 r 61.1350................................ ad No 5, 2013 am No 274, 2013 r 61.1352................................ ad No 125, 2014 r 61.1355................................ ad No 5, 2013 r 61.1360................................ ad No 5, 2013 am No 125, 2014 Subpart 61.W r 61.1365................................ ad No 5, 2013 r 61.1370................................ ad No 5, 2013 am No 274, 2013 r 61.1375................................ ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 61.1380................................ ad No 5, 2013 am No 125, 2014 r 61.1385................................ ad No 5, 2013 am No 274, 2013 r 61.1390................................ ad No 5, 2013 Subpart 61.X Division 61.X.1 r 61.1395................................ ad No 5, 2013 am No 274, 2013 r 61.1400................................ ad No 5, 2013 r 61.1402................................ ad No 274, 2013 r 61.1405................................ ad No 5, 2013 r 61.1410................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 61.1415................................ ad No 5, 2013 Division 61.X.2 r 61.1420................................ ad No 5, 2013 r 61.1425................................ ad No 5, 2013 r 61.1427................................ ad No 274, 2013 Division 61.X.3 r 61.1430................................ ad No 5, 2013 r 61.1435................................ ad No 5, 2013 r 61.1440................................ ad No 5, 2013 Subpart 61.Y Division 61.Y.1 r 61.1445................................ ad No 5, 2013 am No 125, 2014 r 61.1450................................ ad No 5, 2013 rep No 274, 2013 r 61.1455................................ ad No 5, 2013 r 61.1460................................ ad No 5, 2013 am No 274, 2013 r 61.1465................................ ad No 5, 2013 am No 274, 2013 r 61.1470................................ ad No 5, 2013 am No 274, 2013 r 61.1475................................ ad No 5, 2013 Division 61.Y.2 r 61.1480................................ ad No 5, 2013 am No 274, 2013 r 61.1485................................ ad No 5, 2013 r 61.1490................................ ad No 5, 2013 am No 274, 2013 Division 61.Y.3 r 61.1495................................ ad No 5, 2013 r 61.1500................................ ad No 5, 2013 r 61.1505................................ ad No 5, 2013 Subpart 61.Z r 61.1510................................ ad No 5, 2013 r 61.1515................................ ad No 5, 2013 r 61.1520................................ ad No 5, 2013 r 61.1525................................ ad No 5, 2013 r 61.1530................................ ad No 5, 2013 r 61.1535................................ ad No 5, 2013 am No 274, 2013 r 61.1540................................ ad No 5, 2013 Part 63.................................... ad No 204, 2000 rep No 5, 2013 Part 64 Part 64.................................... ad No 204, 2000 rs No 5, 2013 am No 274, 2013 Subpart 64.A r 64.005.................................. ad No 5, 2013 r 64.010.................................. ad No 5, 2013 am No 274, 2013 r 64.012.................................. ad No 5, 2013 Subpart 64.B r 64.015.................................. ad No 5, 2013 r 64.020.................................. ad No 5, 2013 r 64.025.................................. ad No 5, 2013 r 64.030.................................. ad No 5, 2013 r 64.035.................................. ad No 5, 2013 am No 125, 2014 r 64.040.................................. ad No 5, 2013 Subpart 64.C r 64.045.................................. ad No 5, 2013 r 64.050.................................. ad No 5, 2013 r 64.055.................................. ad No 5, 2013 r 64.060.................................. ad No 5, 2013 Part 65 Part 65.................................... ad No 204, 2000 rs No 167, 2002 am No 345, 2004; No 80, 2013 Subpart 65.A Subpart A heading................... rep No 345, 2004 Subpart 65.A heading.............. ad No 345, 2004 r 65.000.................................. ad No 167, 2002 am No 75, 2003 rep No 345, 2004 r 65.005.................................. ad No 167, 2002 rs No 75, 2003 r 65.010.................................. ad No 167, 2002 am No 75, 2003 r 65.015.................................. ad No 167, 2002 r 65.020.................................. ad No 167, 2002 r 65.025.................................. ad No 167, 2002 r 65.030.................................. ad No 167, 2002 r 65.033.................................. ad No 75, 2003 am No 345, 2004; No 323, 2005; No 80, 2013; F2016L00170 r 65.033A............................... ad No 75, 2003 rep No 345, 2004 r 65.033B................................ ad No 75, 2003 rep No 345, 2004 r 65.033C................................ ad No 75, 2003 rep No 345, 2004 r 65.033D............................... ad No 75, 2003 rep No 345, 2004 r 65.033E................................ ad No 75, 2003 rep No 345, 2004 r 65.033F................................ ad No 75, 2003 rep No 345, 2004 r 65.033G............................... ad No 75, 2003 rep No 345, 2004 r 65.033H............................... ad No 75, 2003 rep No 345, 2004 Subpart 65.B Subpart B heading................... rep No 345, 2004 Subpart 65.B heading.............. ad No 345, 2004 r 65.035.................................. ad No 167, 2002 am No 80, 2013 r 65.040.................................. ad No 167, 2002 r 65.045.................................. ad No 167, 2002 am No 75, 2003 r 65.050.................................. ad No 167, 2002 am No 80, 2013 r 65.055.................................. ad No 167, 2002 r 65.060.................................. ad No 167, 2002 r 65.065.................................. ad No 167, 2002 rs No 75, 2003 am No 5, 2013 Subpart 65.C Subpart C heading................... rep No 345, 2004 Subpart 65.C heading.............. ad No 345, 2004 rs No 77, 2011 Division 65.C.1 Division 1 heading.................. rep No 345, 2004 Division 65.C.1 heading.......... ad No 345, 2004 r 65.070.................................. ad No 167, 2002 am No 75, 2003 r 65.075.................................. ad No 167, 2002 r 65.080.................................. ad No 167, 2002 am No 75, 2003; No 77, 2011 r 65.085.................................. ad No 167, 2002 am No 75, 2003; No 77, 2011 r 65.090.................................. ad No 167, 2002 r 65.095.................................. ad No 167, 2002 am No 75, 2003 r 65.100.................................. ad No 167, 2002 r 65.105.................................. ad No 167, 2002 r 65.110.................................. ad No 167, 2002 rep No 77, 2011 r 65.115.................................. ad No 167, 2002 am No 80, 2013 r 65.120.................................. ad No 167, 2002 Division 65.C.2 Division 2 heading.................. rep No 345, 2004 Division 65.C.2 heading.......... ad No 345, 2004 rs No 77, 2011 r 65.125.................................. ad No 167, 2002 am No 75, 2003 r 65.130.................................. ad No 167, 2002 am No 75, 2003; No 77, 2011 r 65.135.................................. ad No 167, 2002 am No 75, 2003 r 65.140.................................. ad No 167, 2002 am No 75, 2003; No 77, 2011 r 65.145.................................. ad No 167, 2002 r 65.150.................................. ad No 167, 2002 r 65.155.................................. ad No 167, 2002 r 65.160.................................. ad No 167, 2002 rep No 77, 2011 r 65.165.................................. ad No 167, 2002 am No 80, 2013 r 65.170.................................. ad No 167, 2002 Subpart 65.E Subpart E heading................... rep No 345, 2004 Subpart 65.E heading.............. ad No 345, 2004 Division 65.E.1 Division 1 heading.................. rep No 345, 2004 Division 65.E.1 heading.......... ad No 345, 2004 rs No 77, 2011 r 65.175.................................. ad No 167, 2002 am No 77, 2011 r 65.180.................................. ad No 167, 2002 am No 77, 2011 r 65.185.................................. ad No 167, 2002 rep No 77, 2011 r 65.190.................................. ad No 167, 2002 am No 75, 2003 rep No 77, 2011 r 65.195.................................. ad No 167, 2002 rep No 77, 2011 r 65.200.................................. ad No 167, 2002 rep No 77, 2011 r 65.205.................................. ad No 167, 2002 rep No 77, 2011 r 65.210.................................. ad No 167, 2002 rep No 75, 2003 r 65.215.................................. ad No 167, 2002 am No 75, 2003 rep No 77, 2011 r 65.220.................................. ad No 167, 2002 rep No 77, 2011 r 65.225.................................. ad No 167, 2002 am No 75, 2003 rs No 77, 2011 r 65.230.................................. ad No 167, 2002 am No 75, 2003; No 77, 2011 r 65.235.................................. ad No 167, 2002 rep No 77, 2011 r 65.240.................................. ad No 167, 2002 rep No 77, 2011 r 65.245.................................. ad No 167, 2002 rep No 77, 2011 Division 65.E.2 Division 2 heading.................. rep No 345, 2004 Division 65.E.2 heading.......... ad No 345, 2004 r 65.250.................................. ad No 167, 2002 Division 65.E.3 Division 3 heading.................. rep No 345, 2004 Division 65.E.3 heading.......... ad No 345, 2004 r 65.255.................................. ad No 167, 2002 r 65.260.................................. ad No 167, 2002 am No 75, 2003 r 65.265.................................. ad No 167, 2002 am No 75, 2003 r 65.270.................................. ad No 167, 2002 am No 75, 2003 r 65.275.................................. ad No 167, 2002 am No 75, 2003 r 65.280.................................. ad No 167, 2002 r 65.285.................................. ad No 80, 2013 Part 66 Part 66.................................... ad No 204, 2000 rs No 328, 2010 am No 80, 2013; No 275, 2013 Subpart 66.A r 66.005.................................. ad No 328, 2010 am No 80, 2013 r 66.010.................................. ad No 328, 2010 am No 80, 2013; No 274, 2013; No 275, 2013; No 246, 2015 r 66.015.................................. ad No 328, 2010 am No 80, 2013; No 246, 2015 Subpart 66.B r 66.018.................................. ad No 246, 2015 r 66.020.................................. ad No 328, 2010 am No 80, 2013 r 66.025.................................. ad No 328, 2010 r 66.026.................................. ad No 80, 2013 am No 246, 2015 r 66.030.................................. ad No 328, 2010 r 66.035.................................. ad No 328, 2010 r 66.040.................................. ad No 328, 2010 r 66.045.................................. ad No 328, 2010 r 66.050.................................. ad No 328, 2010 r 66.055.................................. ad No 328, 2010 r 66.060.................................. ad No 328, 2010 r 66.065.................................. ad No 328, 2010 r 66.070.................................. ad No 328, 2010 r 66.071.................................. ad No 80, 2013 r 66.072.................................. ad No 80, 2013 Subpart 66.C r 66.075.................................. ad No 328, 2010 am No 80, 2013; No 275, 2013; No 246, 2015 r 66.080.................................. ad No 328, 2010 am No 80, 2013; No 275, 2013; No 246, 2015 r 66.085.................................. ad No 328, 2010 am No 275, 2013; No 246, 2015 r 66.090.................................. ad No 328, 2010 am No 275, 2013; No 246, 2015 r 66.095.................................. ad No 328, 2010 rs No 80, 2013 am No 246, 2015 r 66.100.................................. ad No 328, 2010 rs No 80, 2013 r 66.105.................................. ad No 328, 2010 r 66.110.................................. ad No 328, 2010 rs No 80, 2013 Subpart 66.D r 66.115.................................. ad No 328, 2010 r 66.115A............................... ad No 246, 2015 r 66.120.................................. ad No 328, 2010 am No 80, 2013 r 66.125.................................. ad No 328, 2010 rs No 275, 2013 r 66.130.................................. ad No 328, 2010 am No 80, 2013; No 246, 2015 r 66.135.................................. ad No 328, 2010 rs No 80, 2013 am No 275, 2013; No 246, 2015 r 66.136.................................. ad No 80, 2013 rep No 246, 2015 r 66.137.................................. ad No 80, 2013 rs No 246, 2015 r 66.138.................................. ad No 80, 2013 am No 246, 2015 r 66.139.................................. ad No 80, 2013 rep No 246, 2015 r 66.139A............................... ad No 80, 2013 rs No 246, 2015 r 66.140.................................. ad No 328, 2010 am No 80, 2013 Subpart 66.E Subpart 66.E........................... rep No 246, 2015 Division 66.E.1 r 66.145.................................. ad No 328, 2010 am No 80, 2013 rep No 246, 2015 r 66.150.................................. ad No 328, 2010 rep No 246, 2015 Division 66.E.2 r 66.155.................................. ad No 328, 2010 am No 80, 2013 rep No 246, 2015 r 66.160.................................. ad No 328, 2010 rep No 246, 2015 Division 66.E.3 r 66.165.................................. ad No 328, 2010 rs No 80, 2013 rep No 246, 2015 r 66.166.................................. ad No 80, 2013 rep No 246, 2015 r 66.167.................................. ad No 80, 2013 rep No 246, 2015 r 66.168.................................. ad No 80, 2013 rep No 246, 2015 r 66.168A............................... ad No 80, 2013 rep No 246, 2015 r 66.169.................................. ad No 80, 2013 rep No 246, 2015 Division 66.E.4 r 66.170.................................. ad No 328, 2010 rep No 246, 2015 Subpart 66.F r 66.175.................................. ad No 328, 2010 r 66.180.................................. ad No 328, 2010 r 66.185.................................. ad No 328, 2010 Part 67 Part 67.................................... ad No 204, 2000 rs No 232, 2003 am No 80, 2013; No 274, 2013 Subpart 67.A r 67.005.................................. ad No 232, 2003 am No 274, 2013 r 67.010.................................. ad No 232, 2003 am No 207, 2005; No 120, 2011 r 67.015.................................. ad No 232, 2003 r 67.020.................................. ad No 232, 2003 Subpart 67.B r 67.025.................................. ad No 232, 2003 am No 207, 2005; No 77, 2011; No 120, 2011 r 67.030.................................. ad No 232, 2003 am No 77, 2011 r 67.035.................................. ad No 232, 2003 am No 77, 2011 r 67.040.................................. ad No 232, 2003 am No 77, 2011 r 67.045.................................. ad No 232, 2003 am No 77, 2011 r 67.050.................................. ad No 232, 2003 rep No 77, 2011 r 67.055.................................. ad No 232, 2003 r 67.060.................................. ad No 232, 2003 am No 77, 2011 r 67.065.................................. ad No 232, 2003 am No 207, 2005; No 77, 2011; No 120, 2011 r 67.070.................................. ad No 232, 2003 rep No 77, 2011 r 67.075.................................. ad No 232, 2003 am No 207, 2005; No 120, 2011 r 67.080.................................. ad No 232, 2003 am No 77, 2011 r 67.085.................................. ad No 232, 2003 rep No 77, 2011 r 67.090.................................. ad No 232, 2003 r 67.095.................................. ad No 232, 2003 am No 77, 2011 r 67.100.................................. ad No 232, 2003 r 67.105.................................. ad No 232, 2003 r 67.110.................................. ad No 232, 2003 r 67.115.................................. ad No 232, 2003 rep No 77, 2011 r 67.120.................................. ad No 232, 2003 am No 345, 2004 r 67.125.................................. ad No 232, 2003 r 67.130.................................. ad No 232, 2003 am No 77, 2011 r 67.135.................................. ad No 232, 2003 rep No 77, 2011 r 67.140.................................. ad No 232, 2003 r 67.141.................................. ad No 232, 2003 rep No 345, 2004 Subpart 67.C r 67.145.................................. ad No 232, 2003 r 67.150.................................. ad No 232, 2003 am No 345, 2004; No 5, 2013 r 67.155.................................. ad No 232, 2003 am No 345, 2004; No 5, 2013 r 67.160.................................. ad No 232, 2003 am No 345, 2004; No 5, 2013 r 67.165.................................. ad No 232, 2003 r 67.170.................................. ad No 232, 2003 r 67.175.................................. ad No 232, 2003 am No 77, 2011 r 67.180.................................. ad No 232, 2003 am No 345, 2004; No 77, 2011; No 274, 2013 r 67.185.................................. ad No 232, 2003 am No 77, 2011 r 67.190.................................. ad No 232, 2003 r 67.195.................................. ad No 232, 2003 am No 77, 2011 r 67.200.................................. ad No 232, 2003 am No 77, 2011 r 67.205.................................. ad No 232, 2003 r 67.210.................................. ad No 232, 2003 r 67.215.................................. ad No 232, 2003 r 67.220.................................. ad No 232, 2003 r 67.225.................................. ad No 232, 2003 r 67.230.................................. ad No 232, 2003 r 67.235.................................. ad No 232, 2003 r 67.240.................................. ad No 232, 2003 r 67.245.................................. ad No 232, 2003 r 67.250.................................. ad No 232, 2003 r 67.255.................................. ad No 232, 2003 r 67.260.................................. ad No 232, 2003 Subpart 67.D Subpart 67.D........................... ad No 274, 2013 r 67.262.................................. ad No 274, 2013 r 67.263.................................. ad No 274, 2013 Subpart 67.E Subpart 67.D heading.............. rep No 274, 2013 Subpart 67.E heading.............. ad No 274, 2013 r 67.265.................................. ad No 232, 2003 am No 5, 2013; No 274, 2013 r 67.270.................................. ad No 232, 2003 am No 5, 2013; No 274, 2013 r 67.271.................................. ad No 274, 2013 r 67.275.................................. ad No 232, 2003 Part 71 Part 71.................................... ad No 204, 2000 Part 90 Part 90.................................... ad No 204, 2000 rs No 277, 2010 am No 80, 2013; No 275, 2013 Subpart 90.A r 90.005.................................. ad No 277, 2010 r 90.008.................................. ad No 277, 2010 am No 274, 2013 r 90.010.................................. ad No 277, 2010 r 90.015.................................. ad No 277, 2010 r 90.020.................................. ad No 277, 2010 am No 277, 2010 Subpart 90.B r 90.100.................................. ad No 277, 2010 r 90.105.................................. ad No 277, 2010 r 90.110.................................. ad No 277, 2010 r 90.115.................................. ad No 277, 2010 r 90.120.................................. ad No 277, 2010 r 90.125.................................. ad No 277, 2010 r 90.130.................................. ad No 277, 2010 r 90.135.................................. ad No 277, 2010 r 90.140.................................. ad No 277, 2010 r 90.145.................................. ad No 277, 2010 Subpart 90.C Division 90.C.1 r 90.200.................................. ad No 277, 2010 Division 90.C.2 r 90.205.................................. ad No 277, 2010 r 90.210.................................. ad No 277, 2010 r 90.215.................................. ad No 277, 2010 r 90.220.................................. ad No 277, 2010 r 90.225.................................. ad No 277, 2010 r 90.230.................................. ad No 277, 2010 am No 277, 2010 r 90.235.................................. ad No 277, 2010 r 90.240.................................. ad No 277, 2010 r 90.245.................................. ad No 277, 2010 Division 90.C.3 r 90.250.................................. ad No 277, 2010 r 90.255.................................. ad No 277, 2010 am No 245, 2015 r 90.260.................................. ad No 277, 2010 r 90.265.................................. ad No 277, 2010 r 90.270.................................. ad No 277, 2010 am No 277, 2010 r 90.275.................................. ad No 277, 2010 Division 90.C.4 r 90.280.................................. ad No 277, 2010 r 90.285.................................. ad No 277, 2010 am No 277, 2010 r 90.290.................................. ad No 277, 2010 Subpart 90.D r 90.400.................................. ad No 277, 2010 r 90.405.................................. ad No 277, 2010 r 90.410.................................. ad No 277, 2010 am No 277, 2010 r 90.415.................................. ad No 277, 2010 Subpart 90.E r 90.600.................................. ad No 277, 2010 r 90.605.................................. ad No 277, 2010 Part 91 Part 91.................................... ad No 204, 2000 rs No 323, 2005 am No 80, 2013 Subpart 91.A r 91.005.................................. ad No 323, 2005 Subpart 91.D r 91.830.................................. ad No 323, 2005 r 91.850.................................. ad No 323, 2005 r 91.865.................................. ad No 323, 2005 r 91.870.................................. ad No 323, 2005 r 91.875.................................. ad No 323, 2005 r 91.880.................................. ad No 323, 2005 r 91.885.................................. ad No 323, 2005 r 91.890.................................. ad No 323, 2005 Subpart 91.U Division 91.U.1 r 91.5000................................ ad No 323, 2005 r 91.5005................................ ad No 323, 2005 r 91.5010................................ ad No 323, 2005 am F2016L00170 r 91.5015................................ ad No 323, 2005 r 91.5020................................ ad No 323, 2005 r 91.5025................................ ad No 323, 2005 r 91.5030................................ ad No 323, 2005 Division 91.U.4 r 91.5150................................ ad No 323, 2005 r 91.5155................................ ad No 323, 2005 r 91.5160................................ ad No 323, 2005 r 91.5165................................ ad No 323, 2005 r 91.5170................................ ad No 323, 2005 Part 92 Part 92.................................... ad No 365, 2003 am No 80, 2013; No 275, 2013 Subpart 92.A r 92.005.................................. ad No 365, 2003 r 92.010.................................. ad No 365, 2003 r 92.015.................................. ad No 365, 2003 Subpart 92.B r 92.020.................................. ad No 365, 2003 r 92.025.................................. ad No 365, 2003 r 92.030.................................. ad No 365, 2003 r 92.035.................................. ad No 365, 2003 r 92.040.................................. ad No 365, 2003 r 92.045.................................. ad No 365, 2003 r 92.050.................................. ad No 365, 2003 r 92.055.................................. ad No 365, 2003 r 92.060.................................. ad No 365, 2003 rep No 77, 2011 r 92.065.................................. ad No 365, 2003 r 92.070.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.075.................................. ad No 365, 2003 r 92.080.................................. ad No 365, 2003 rep No 77, 2011 Subpart 92.C r 92.085.................................. ad No 365, 2003 am No 365, 2003 r 92.090.................................. ad No 365, 2003 r 92.095.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.100.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.105.................................. ad No 365, 2003 am No 77, 2011; No 164, 2011; No 80, 2013 r 92.110.................................. ad No 365, 2003 r 92.115.................................. ad No 365, 2003 am No 365, 2003; No 77, 2011; No 80, 2013 r 92.120.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.125.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.130.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.135.................................. ad No 365, 2003 r 92.140.................................. ad No 365, 2003 am No 77, 2011; No 80, 2013 r 92.145.................................. ad No 365, 2003 am No 365, 2003; No 77, 2011; No 80, 2013 r 92.150.................................. ad No 365, 2003 am No 365, 2003; No 345, 2004 exp 31 Dec 2006 (r 92.150(8)) rep No 275, 2013 r 92.155.................................. ad No 365, 2003 am No 365, 2003 rep No 77, 2011 Subpart 92.D r 92.160.................................. ad No 365, 2003 am No 90, 2015; F2016L00717 r 92.165.................................. ad No 365, 2003 r 92.170.................................. ad No 365, 2003 am No 345, 2004 r 92.175.................................. ad No 365, 2003 r 92.180.................................. ad No 365, 2003 r 92.185.................................. ad No 365, 2003 r 92.190.................................. ad No 365, 2003 r 92.195.................................. ad No 365, 2003 am No 222, 2004 rs No 274, 2008 Subpart 92.E Subpart 92.E........................... ad No 365, 2003 r 92.200.................................. ad No 365, 2003 r 92.205.................................. ad No 365, 2003 Part 99 Part 99.................................... ad No 192, 2008 am No 80, 2013 r 99.005.................................. ad No 192, 2008 Subpart 99.A r 99.010.................................. ad No 192, 2008 am No 275, 2008; No 274, 2013 r 99.015.................................. ad No 192, 2008 am No 164, 2011 r 99.020.................................. ad No 192, 2008 Subpart 99.B Division 99.B.1 r 99.025.................................. ad No 192, 2008 Division 99.B.2 r 99.030.................................. ad No 192, 2008 am No 164, 2011; No 274, 2013 r 99.035.................................. ad No 192, 2008 r 99.040.................................. ad No 192, 2008 Division 99.B.3 Subdivision 99.B.3.1 r 99.045.................................. ad No 192, 2008 Subdivision 99.B.3.2 r 99.050.................................. ad No 192, 2008 r 99.055.................................. ad No 192, 2008 r 99.060.................................. ad No 192, 2008 Subdivision 99.B.3.3 r 99.065.................................. ad No 192, 2008 r 99.070.................................. ad No 192, 2008 r 99.075.................................. ad No 192, 2008 Subdivision 99.B.3.4 r 99.080.................................. ad No 192, 2008 Division 99.B.4 r 99.085.................................. ad No 192, 2008 r 99.090.................................. ad No 192, 2008 r 99.095.................................. ad No 192, 2008 Division 99.B.5 r 99.100.................................. ad No 192, 2008 r 99.105.................................. ad No 192, 2008 Subpart 99.C Division 99.C.1 r 99.110.................................. ad No 192, 2008 Subdivision 99.C.1.1 r 99.115.................................. ad No 192, 2008 r 99.120.................................. ad No 192, 2008 Subdivision 99.C.1.2 r 99.125.................................. ad No 192, 2008 Subdivision 99.C.1.3 r 99.130.................................. ad No 192, 2008 Division 99.C.2 Subdivision 99.C.2.1 r 99.135.................................. ad No 192, 2008 r 99.140.................................. ad No 192, 2008 r 99.145.................................. ad No 192, 2008 r 99.150.................................. ad No 192, 2008 Subdivision 99.C.2.2 r 99.155.................................. ad No 192, 2008 r 99.160.................................. ad No 192, 2008 r 99.165.................................. ad No 192, 2008 rs No 80, 2013 r 99.170.................................. ad No 192, 2008 am No 80, 2013 r 99.175.................................. ad No 192, 2008 am No 80, 2013 r 99.180.................................. ad No 192, 2008 r 99.185.................................. ad No 192, 2008 Subdivision 99.C.2.3 r 99.190.................................. ad No 192, 2008 r 99.195.................................. ad No 192, 2008 Subdivision 99.C.2.4 r 99.200.................................. ad No 192, 2008 r 99.205.................................. ad No 192, 2008 r 99.210.................................. ad No 192, 2008 r 99.215.................................. ad No 192, 2008 am No 80, 2013 r 99.220.................................. ad No 192, 2008 r 99.225.................................. ad No 192, 2008 r 99.230.................................. ad No 192, 2008 Subdivision 99.C.2.5 r 99.235.................................. ad No 192, 2008 Division 99.C.3 r 99.240.................................. ad No 192, 2008 r 99.245.................................. ad No 192, 2008 r 99.250.................................. ad No 192, 2008 r 99.255.................................. ad No 192, 2008 am No 80, 2013 r 99.260.................................. ad No 192, 2008 am No 80, 2013 r 99.265.................................. ad No 192, 2008 rs No 80, 2013 r 99.270.................................. ad No 192, 2008 rep No 80, 2013 Subpart 99.D Division 99.D.1 r 99.275.................................. ad No 192, 2008 Division 99.D.2 r 99.280.................................. ad No 192, 2008 r 99.285.................................. ad No 192, 2008 r 99.290.................................. ad No 192, 2008 r 99.295.................................. ad No 192, 2008 r 99.300.................................. ad No 192, 2008 r 99.305.................................. ad No 192, 2008 r 99.310.................................. ad No 192, 2008 Division 99.D.3 r 99.315.................................. ad No 192, 2008 Subpart 99.E Division 99.E.1 r 99.320.................................. ad No 192, 2008 Division 99.E.2 Subdivision 99.E.2.1 r 99.325.................................. ad No 192, 2008 r 99.330.................................. ad No 192, 2008 r 99.335.................................. ad No 192, 2008 r 99.340.................................. ad No 192, 2008 r 99.345.................................. ad No 192, 2008 r 99.350.................................. ad No 192, 2008 Subdivision 99.E.2.2 r 99.355.................................. ad No 192, 2008 r 99.360.................................. ad No 192, 2008 r 99.365.................................. ad No 192, 2008 r 99.370.................................. ad No 192, 2008 r 99.375.................................. ad No 192, 2008 Subdivision 99.E.2.3 r 99.380.................................. ad No 192, 2008 r 99.385.................................. ad No 192, 2008 am No 80, 2013 Division 99.E.3 r 99.390.................................. ad No 192, 2008 Subpart 99.F Division 99.F.1 r 99.395.................................. ad No 192, 2008 Division 99.F.2 r 99.400.................................. ad No 192, 2008 am No 120, 2010 r 99.405.................................. ad No 192, 2008 am No 120, 2010 Subpart 99.G Division 99.G.1 r 99.410.................................. ad No 192, 2008 r 99.415.................................. ad No 192, 2008 am No 120, 2010 r 99.420.................................. ad No 192, 2008 r 99.425.................................. ad No 192, 2008 r 99.430.................................. ad No 192, 2008 r 99.435.................................. ad No 192, 2008 Subpart 99.H Division 99.H.1 r 99.440.................................. ad No 192, 2008 Division 99.H.2 r 99.445.................................. ad No 192, 2008 am No 77, 2011 r 99.450.................................. ad No 192, 2008 am No 275, 2008 Division 99.H.3 r 99.455.................................. ad No 192, 2008 r 99.460.................................. ad No 192, 2008 Division 99.H.4 r 99.465.................................. ad No 192, 2008 Division 99.H.5 r 99.470.................................. ad No 192, 2008 r 99.475.................................. ad No 192, 2008 r 99.480.................................. ad No 192, 2008 r 99.485.................................. ad No 192, 2008 r 99.490.................................. ad No 192, 2008 Division 99.H.6 r 99.495.................................. ad No 192, 2008 Part 101 Part 101.................................. ad No 204, 2000 rs No 349, 2001 am No 345, 2004; No 80, 2013; No 274, 2013 Subpart 101.A Subpart A heading................... rep No 345, 2004 Subpart 101.A heading............ ad No 345, 2004 r 101.000................................ ad No 349, 2001 rep No 345, 2004 r 101.005................................ ad No 349, 2001 am No 274, 2013 r 101.010................................ ad No 349, 2001 r 101.015................................ ad No 349, 2001 am No 345, 2004; F2016L00400 r 101.020................................ ad No 349, 2001 rs No 266, 2002 am F2016L00400 r 101.025................................ ad No 349, 2001 r 101.028................................ ad F2016L00400 r 101.029................................ ad F2016L00400 r 101.030................................ ad No 349, 2001 am F2016L00400 r 101.035................................ ad No 349, 2001 r 101.040................................ ad No 349, 2001 am No 349, 2002 rep No 77, 2011 r 101.045................................ ad No 349, 2001 rep No 77, 2011 Subpart 101.AB Subpart 101.AB...................... ad F2016L00400 r 101.047................................ ad F2016L00400 r 101.048................................ ad F2016L00400 Subpart 101.B Subpart B heading................... rep No 345, 2004 Subpart 101.B heading............ ad No 345, 2004 r 101.050................................ ad No 349, 2001 r 101.055................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 Subpart 101.C Subpart C heading................... rep No 345, 2004 Subpart 101.C heading............ ad No 345, 2004 r 101.060................................ ad No 349, 2001 r 101.065................................ ad No 349, 2001 am No 349, 2002; No 172, 2007; F2016L00400 r 101.070................................ ad No 349, 2001 am No 349, 2002; No 274, 2013; F2016L00400 r 101.072................................ ad F2016L00400 r 101.073................................ ad F2016L00400 r 101.075................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.080................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.085................................ ad No 349, 2001 am No 349, 2002; No 274, 2013; F2016L00400 r 101.090................................ ad No 349, 2001 am No 349, 2002 r 101.095................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.097................................ ad F2016L00400 Subpart 101.D Subpart D heading................... rep No 345, 2004 Subpart 101.D heading............ ad No 345, 2004 r 101.100................................ ad No 349, 2001 r 101.105................................ ad No 349, 2001 am No 274, 2013 r 101.110................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.115................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.120................................ ad No 349, 2001 am No 349, 2002 r 101.125................................ ad No 349, 2001 am No 349, 2002 r 101.130................................ ad No 349, 2001 am No 349, 2002 r 101.135................................ ad No 349, 2001 am No 349, 2002 Subpart 101.E Subpart E heading................... rep No 345, 2004 Subpart 101.E heading............ ad No 345, 2004 r 101.140................................ ad No 349, 2001 r 101.145................................ ad No 349, 2001 r 101.150................................ ad No 349, 2001 r 101.155................................ ad No 349, 2001 am No 349, 2002; No 77, 2011; No 265, 2011; F2016L00400 r 101.160................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.165................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.170................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.175................................ ad No 349, 2001 am No 349, 2002 r 101.180................................ ad No 349, 2001 am No 349, 2002 r 101.185................................ ad No 349, 2001 am No 349, 2002 r 101.190................................ ad No 349, 2001 am No 349, 2002 r 101.195................................ ad No 349, 2001 am No 349, 2002 r 101.200................................ ad No 349, 2001 am No 349, 2002 r 101.205................................ ad No 349, 2001 am No 349, 2002 r 101.210................................ ad No 349, 2001 am No 349, 2002 r 101.215................................ ad No 349, 2001 am No 349, 2002 r 101.220................................ ad No 349, 2001 am No 349, 2002 r 101.225................................ ad No 349, 2001 am No 349, 2002 r 101.230................................ ad No 349, 2001 am No 349, 2002 Subpart 101.F Subpart F heading................... rep No 345, 2004 rs F2016L00400 Subpart 101.F heading............ ad No 345, 2004 Division 101.F.1 Division 1 heading.................. rep No 345, 2004 Division 101.F.1 heading........ ad No 345, 2004 r 101.235................................ ad No 349, 2001 rs F2016L00400 r 101.236................................ ad F2016L00400 r 101.237................................ ad F2016L00400 r 101.238................................ ad F2016L00400 r 101.240................................ ad No 349, 2001 rep F2016L00400 Division 101.F.2 Division 2 heading.................. rep No 345, 2004 Division 101.F.2 heading........ ad No 345, 2004 rs F2016L00400 r 101.245................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.247................................ ad F2016L00400 r 101.250................................ ad No 349, 2001 am No 349, 2002; No 274, 2013; F2016L00400 r 101.252................................ ad F2016L00400 r 101.255................................ ad No 349, 2001 am No 349, 2002; No 350, 2002; F2016L00400 r 101.260................................ ad No 349, 2001 am F2016L00400 r 101.265................................ ad No 349, 2001 am F2016L00400 r 101.270................................ ad No 349, 2001 am No 349, 2002 rs F2016L00400 r 101.272................................ ad F2016L00400 r 101.275................................ ad No 349, 2001 am No 349, 2002; No 77, 2011; F2016L00400 r 101.280................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.285................................ ad No 349, 2001 am No 349, 2002; No 5, 2013; F2016L00400 Division 101.F.3 Division 3 heading.................. rep No 345, 2004 Division 101.F.3 heading........ ad No 345, 2004 rs No 77, 2011; F2016L00400 am F2016L00400 r 101.290................................ ad No 349, 2001 am No 77, 2011; No 274, 2013; F2016L00400 r 101.295................................ ad No 349, 2001 am No 77, 2011; No 5, 2013; No 274, 2013; F2016L00400 r 101.300................................ ad No 349, 2001 am No 77, 2011; No 5, 2013; F2016L00400 r 101.305................................ ad No 349, 2001 am No 350, 2002 rep No 77, 2011 r 101.310................................ ad No 349, 2001 rep No 77, 2011 r 101.315................................ ad No 349, 2001 am No 350, 2002; F2016L00400 r 101.320................................ ad No 349, 2001 am No 350, 2002; F2016L00400 r 101.325................................ ad No 349, 2001 rep No 77, 2011 Division 101.F.4 Division 4 heading.................. rep No 345, 2004 Division 101.F.4 heading........ ad No 345, 2004 rs No 77, 2011; F2016L00400 am F2016L00400 r 101.330................................ ad No 349, 2001 am No 77, 2011; F2016L00400 r 101.335................................ ad No 349, 2001 am No 77, 2011; No 5, 2013; F2016L00400 r 101.340................................ ad No 349, 2001 am No 77, 2011; F2016L00400 r 101.342................................ ad F2016L00400 r 101.345................................ ad No 349, 2001 am No 350, 2002 rep No 77, 2011 r 101.350................................ ad No 349, 2001 rep No 77, 2011 r 101.355................................ ad No 349, 2001 rep No 80, 2013 r 101.360................................ ad No 349, 2001 am No 350, 2002; F2016L00400 r 101.365................................ ad No 349, 2001 am No 350, 2002; F2016L00400 r 101.370................................ ad No 349, 2001 rep No 77, 2011 ad F2016L00400 Division 101.F.4 Division 101.F.4..................... ad F2016L00400 r 101.371................................ ad F2016L00400 r 101.372................................ ad F2016L00400 r 101.373................................ ad F2016L00400 r 101.374................................ ad F2016L00400 Subpart 101.G Subpart G heading................... rep No 345, 2004 Subpart 101.G heading............ ad No 345, 2004 r 101.375................................ ad No 349, 2001 r 101.380................................ ad No 349, 2001 r 101.385................................ ad No 349, 2001 am No 349, 2002 r 101.390................................ ad No 349, 2001 am No 349, 2002 r 101.395................................ ad No 349, 2001 am No 349, 2002 r 101.400................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.405................................ ad No 349, 2001 am No 349, 2002 r 101.410................................ ad No 349, 2001 am No 349, 2002; F2016L00400 Subpart 101.H Subpart H heading................... rep No 345, 2004 Subpart 101.H heading............ ad No 345, 2004 r 101.415................................ ad No 349, 2001 am No 274, 2013 r 101.420................................ ad No 349, 2001 r 101.425................................ ad No 349, 2001 r 101.430................................ ad No 349, 2001 am No 349, 2002; No 172, 2007; F2016L00400 r 101.435................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.440................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.445................................ ad No 349, 2001 am No 349, 2002; F2016L00400 r 101.450................................ ad No 349, 2001 am No 349, 2002 r 101.455................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.460................................ ad No 349, 2001 am No 349, 2002 r 101.465................................ ad No 349, 2001 am No 349, 2002 r 101.470................................ ad No 349, 2001 am No 349, 2002 Subpart 101.I Subpart I heading.................... rep No 345, 2004 Subpart 101.I heading............. ad No 345, 2004 r 101.475................................ ad No 349, 2001 r 101.480................................ ad No 349, 2001 r 101.485................................ ad No 349, 2001 r 101.490................................ ad No 349, 2001 am No 349, 2002; No 274, 2013 r 101.495................................ ad No 349, 2001 am No 349, 2002 r 101.500................................ ad No 349, 2001 am No 349, 2002; No 274, 2013; F2016L00400 Part 103 Part 103.................................. ad No 204, 2000 Part 105 Part 105.................................. ad No 204, 2000 Part 115 Part 115.................................. ad No 204, 2000 Part 117 Part 117.................................. ad No 222, 2013 r 117.005................................ ad No 222, 2013 r 117.010................................ ad No 222, 2013 r 117.015................................ ad No 222, 2013 am F2016L00400 Part 119 Part 119.................................. ad No 204, 2000 Part 121 Part 121.................................. ad No 204, 2000 Part 129 Part 129.................................. ad No 204, 2000 rs No 247, 2015 Subpart 129.A r 129.005................................ ad No 247, 2015 r 129.020................................ ad No 247, 2015 r 129.025................................ ad No 247, 2015 r 129.030................................ ad No 247, 2015 r 129.035................................ ad No 247, 2015 r 129.040................................ ad No 247, 2015 Subpart 129.B r 129.045................................ ad No 247, 2015 r 129.050................................ ad No 247, 2015 r 129.055................................ ad No 247, 2015 r 129.060................................ ad No 247, 2015 r 129.065................................ ad No 247, 2015 Subpart 129.C r 129.070................................ ad No 247, 2015 r 129.075................................ ad No 247, 2015 r 129.080................................ ad No 247, 2015 r 129.085................................ ad No 247, 2015 r 129.090................................ ad No 247, 2015 r 129.095................................ ad No 247, 2015 r 129.100................................ ad No 247, 2015 r 129.105................................ ad No 247, 2015 r 129.110................................ ad No 247, 2015 r 129.115................................ ad No 247, 2015 r 129.120................................ ad No 247, 2015 r 129.125................................ ad No 247, 2015 Subpart 129.M r 129.200................................ ad No 247, 2015 r 129.205................................ ad No 247, 2015 Subpart 129.N r 129.250................................ ad No 247, 2015 r 129.255................................ ad No 247, 2015 Part 133 Part 133.................................. ad No 204, 2000 Part 137 Part 137.................................. ad No 204, 2000 rs No 41, 2007 am No 80, 2013; No 274, 2013 Subpart 137.A r 137.005................................ ad No 41, 2007 r 137.010................................ ad No 41, 2007 Subpart 137.B r 137.015................................ ad No 41, 2007 r 137.020................................ ad No 41, 2007 r 137.025................................ ad No 41, 2007 r 137.030................................ ad No 41, 2007 Subpart 137.C r 137.035................................ ad No 41, 2007 r 137.040................................ ad No 41, 2007 r 137.045................................ ad No 41, 2007 am No 77, 2011 r 137.050................................ ad No 41, 2007 am No 77, 2011 r 137.055................................ ad No 41, 2007 r 137.060................................ ad No 41, 2007 r 137.065................................ ad No 41, 2007 r 137.070................................ ad No 41, 2007 r 137.075................................ ad No 41, 2007 r 137.080................................ ad No 41, 2007 r 137.085................................ ad No 41, 2007 r 137.090................................ ad No 41, 2007 Subpart 137.D r 137.095................................ ad No 41, 2007 r 137.100................................ ad No 41, 2007 r 137.105................................ ad No 41, 2007 r 137.110................................ ad No 41, 2007 r 137.115................................ ad No 41, 2007 r 137.120................................ ad No 41, 2007 r 137.125................................ ad No 41, 2007 r 137.130................................ ad No 41, 2007 r 137.135................................ ad No 41, 2007 r 137.140................................ ad No 41, 2007 r 137.145................................ ad No 41, 2007 r 137.150................................ ad No 41, 2007 r 137.155................................ ad No 41, 2007 r 137.160................................ ad No 41, 2007 r 137.165................................ ad No 41, 2007 r 137.170................................ ad No 41, 2007 r 137.175................................ ad No 41, 2007 Subpart 137.E Subpart 137.E......................... ad No 41, 2007 Subpart 137.H r 137.180................................ ad No 41, 2007 r 137.185................................ ad No 41, 2007 Subpart 137.J r 137.190................................ ad No 41, 2007 am No 274, 2013 r 137.195................................ ad No 41, 2007 Subpart 137.K r 137.200................................ ad No 41, 2007 am No 188, 2013 r 137.210................................ ad No 41, 2007 r 137.215................................ ad No 41, 2007 r 137.220................................ ad No 41, 2007 r 137.225................................ ad No 41, 2007 Subpart 137.M r 137.230................................ ad No 41, 2007 Subpart 137.N r 137.235................................ ad No 41, 2007 rs No 5, 2013 r 137.240................................ ad No 41, 2007 am No 5, 2013 Subpart 137.P r 137.245................................ ad No 41, 2007 r 137.250................................ ad No 41, 2007 r 137.255................................ ad No 41, 2007 r 137.260................................ ad No 41, 2007 Subpart 137.Q r 137.265................................ ad No 41, 2007 r 137.270................................ ad No 41, 2007 r 137.275................................ ad No 41, 2007 r 137.280................................ ad No 41, 2007 r 137.285................................ ad No 41, 2007 r 137.290................................ ad No 41, 2007 r 137.295................................ ad No 41, 2007 r 137.300................................ ad No 41, 2007 Part 138 Part 138.................................. ad No 204, 2000 Part 139 Part 139 heading..................... rs No 58, 2003 Part 139.................................. ad No 204, 2000 rs No 167, 2002 am No 345, 2004; No 80, 2013; No 274, 2013; No 275, 2013 Subpart 139.A Subpart 139.A......................... rs No 58, 2003 r 139.000................................ ad No 167, 2002 rs No 58, 2003 am No 75, 2003 rep No 345, 2004 r 139.005................................ ad No 58, 2003 r 139.010................................ ad No 58, 2003 am No 77, 2011 r 139.015................................ ad No 58, 2003 r 139.020................................ ad No 58, 2003 rep No 77, 2011 r 139.025................................ ad No 58, 2003 r 139.030................................ ad No 58, 2003 rs No 265, 2011 r 139.035................................ ad No 58, 2003 r 139.036................................ ad No 58, 2003 rep No 345, 2004 Subpart 139.B Subpart 139.B......................... ad No 58, 2003 Division 139.B.1 r 139.040................................ ad No 58, 2003 am No 265, 2011 r 139.045................................ ad No 58, 2003 am No 77, 2011 r 139.050................................ ad No 58, 2003 am No 77, 2011 r 139.055................................ ad No 58, 2003 rep No 77, 2011 r 139.060................................ ad No 58, 2003 rep No 77, 2011 r 139.065................................ ad No 58, 2003 rep No 77, 2011 r 139.070................................ ad No 58, 2003 r 139.075................................ ad No 58, 2003 rep No 77, 2011 r 139.080................................ ad No 58, 2003 rep No 80, 2013 r 139.085................................ ad No 58, 2003 am No 77, 2011 Division 139.B.2 r 139.090................................ ad No 58, 2003 r 139.095................................ ad No 58, 2003 am No 77, 2011 r 139.100................................ ad No 58, 2003 r 139.105................................ ad No 58, 2003 r 139.110................................ ad No 58, 2003 r 139.115................................ ad No 58, 2004 Division 139.B.3 r 139.120................................ ad No 58, 2003 r 139.125................................ ad No 58, 2003 r 139.130................................ ad No 58, 2003 r 139.135................................ ad No 58, 2003 r 139.140................................ ad No 58, 2003 r 139.145................................ ad No 58, 2003 r 139.150................................ ad No 58, 2003 r 139.155................................ ad No 58, 2003 r 139.160................................ ad No 58, 2003 r 139.165................................ ad No 58, 2003 r 139.170................................ ad No 58, 2003 r 139.175................................ ad No 58, 2003 r 139.180................................ ad No 58, 2003 r 139.185................................ ad No 58, 2003 am No 77, 2011 r 139.190................................ ad No 58, 2003 am No 345, 2004 r 139.195................................ ad No 58, 2003 r 139.200................................ ad No 58, 2003 r 139.205................................ ad No 58, 2003 r 139.210................................ ad No 58, 2003 r 139.215................................ ad No 58, 2003 r 139.220................................ ad No 58, 2003 r 139.225................................ ad No 58, 2003 r 139.230................................ ad No 58, 2003 r 139.235................................ ad No 58, 2003 r 139.240................................ ad No 58, 2003 r 139.245................................ ad No 58, 2003 r 139.250................................ ad No 58, 2003 Division 139.B.4 Division 139.B.4..................... ad No 265, 2011 r 139.251................................ ad No 265, 2011 r 139.252................................ ad No 265, 2011 r 139.254................................ ad No 265, 2011 Subpart 139.C Subpart 139.C......................... ad No 58, 2003 r 139.255................................ ad No 58, 2003 r 139.260................................ ad No 58, 2003 am No 345, 2004; No 265, 2011 r 139.265................................ ad No 58, 2003 r 139.270................................ ad No 58, 2003 r 139.275................................ ad No 58, 2003 r 139.280................................ ad No 58, 2003 r 139.285................................ ad No 58, 2003 r 139.290................................ ad No 58, 2003 r 139.295................................ ad No 58, 2003 r 139.300................................ ad No 58, 2003 r 139.305................................ ad No 58, 2003 r 139.310................................ ad No 58, 2003 r 139.315................................ ad No 58, 2003 am No 345, 2004 r 139.320................................ ad No 58, 2003 am No 77, 2011 r 139.325................................ ad No 58, 2003 r 139.330................................ ad No 58, 2003 Subpart 139.D Subpart 139.D......................... ad No 58, 2003 r 139.335................................ ad No 58, 2003 r 139.340................................ ad No 58, 2003 r 139.345................................ ad No 58, 2003 am No 345, 2004 Subpart 139.E Subpart 139.E......................... ad No 58, 2003 r 139.350................................ ad No 58, 2003 r 139.355................................ ad No 58, 2003 r 139.360................................ ad No 58, 2003 r 139.365................................ ad No 58, 2003 am No 274, 2013 r 139.370................................ ad No 58, 2003 am No 274, 2013 Subpart 139.F Subpart 139.F......................... ad No 58, 2003 Division 139.F.1 r 139.375................................ ad No 58, 2003 Division 139.F.2 r 139.380................................ ad No 58, 2003 r 139.385................................ ad No 58, 2003 Division 139.F.3 r 139.390................................ ad No 58, 2003 r 139.395................................ ad No 58, 2003 r 139.400................................ ad No 58, 2003 r 139.405................................ ad No 58, 2003 r 139.410................................ ad No 58, 2003 r 139.415................................ ad No 58, 2003 r 139.420................................ ad No 58, 2003 am No 77, 2011 r 139.425................................ ad No 58, 2003 r 139.430................................ ad No 58, 2003 am No 77, 2011 r 139.435................................ ad No 58, 2003 Subpart 139.H Subpart H heading................... rep No 75, 2003 Subpart H................................ ad No 167, 2002 Subpart 139.H heading............ ad No 75, 2003 rs No 77, 2011 Division 139.H.1 Division 1 heading.................. rep No 75, 2003 Division 139.H.1 heading....... ad No 75, 2003 r 139.700................................ ad No 167, 2002 am No 75, 2003; No 77, 2011 r 139.705................................ ad No 167, 2002 am No 75, 2003 r 139.710................................ ad No 167, 2002 r 139.711................................ ad No 75, 2003 am No 77, 2011 r 139.712................................ ad No 75, 2003 am No 345, 2004; No 323, 2005; No 80, 2013; F2016L00170 r 139.712A............................. ad No 75, 2003 rep No 345, 2004 r 139.712B.............................. ad No 75, 2003 rep No 345, 2004 r 139.712C.............................. ad No 75, 2003 rep No 345, 2004 r 139.712D............................. ad No 75, 2003 rep No 345, 2004 r 139.712E.............................. ad No 75, 2003 rep No 345, 2004 r 139.712F.............................. ad No 75, 2003 rep No 345, 2004 r 139.712G............................. ad No 75, 2003 rep No 345, 2004 r 139.712H............................. ad No 75, 2003 rep No 345, 2004 r 139.715................................ ad No 167, 2002 Division 2............................... rep No 75, 2003 r 139.720................................ ad No 167, 2002 rep No 75, 2003 r 139.725................................ ad No 167, 2002 rep No 75, 2003 r 139.730................................ ad No 167, 2002 rep No 75, 2003 r 139.735................................ ad No 167, 2002 rep No 75, 2003 r 139.740................................ ad No 167, 2002 rep No 75, 2003 r 139.745................................ ad No 167, 2002 rep No 75, 2003 Division 139.H.3 Division 3 heading.................. rep No 75, 2003 Division 139.H.3 heading....... ad No 75, 2003 r 139.750................................ ad No 167, 2002 r 139.755................................ ad No 167, 2002 rs No 75, 2003 am F2016L00170 r 139.760................................ ad No 167, 2002 r 139.765................................ ad No 167, 2002 r 139.770................................ ad No 167, 2002 am No 75, 2003 r 139.771................................ ad No 75, 2003 r 139.772................................ ad No 75, 2003 r 139.773................................ ad No 75, 2003 r 139.775................................ ad No 167, 2002 am No 75, 2003 r 139.780................................ ad No 167, 2002 r 139.785................................ ad No 167, 2002 r 139.795................................ ad No 167, 2002 r 139.800................................ ad No 167, 2002 r 139.805................................ ad No 167, 2002 r 139.810................................ ad No 167, 2002 r 139.815................................ ad No 167, 2002 r 139.820................................ ad No 167, 2002 am No 5, 2013 r 139.825................................ ad No 167, 2002 r 139.830................................ ad No 167, 2002 r 139.835................................ ad No 167, 2002 r 139.840................................ ad No 167, 2002 r 139.845................................ ad No 167, 2002 r 139.850................................ ad No 167, 2002 r 139.855................................ ad No 167, 2002 r 139.860................................ ad No 167, 2002 r 139.865................................ ad No 167, 2002 r 139.870................................ ad No 167, 2002 r 139.875................................ ad No 167, 2002 r 139.880................................ ad No 167, 2002 r 139.885................................ ad No 167, 2002 r 139.890................................ ad No 167, 2002 r 139.895................................ ad No 167, 2002 r 139.900................................ ad No 167, 2002 r 139.905................................ ad No 167, 2002 r 139.910................................ ad No 167, 2002 am No 75, 2003; No 77, 2011 Division 139.H.4 Division 4 heading.................. rep No 75, 2003 Division 139.H.4 heading....... ad No 75, 2003 r 139.915................................ ad No 167, 2002 am No 75, 2003; No 345, 2004 Division 139.H.5 Division 5 heading.................. rep No 75, 2003 Division 139.H.5 heading....... ad No 75, 2003 r 139.920................................ ad No 167, 2002 r 139.925................................ ad No 167, 2002 am No 75, 2003; No 185, 2006; No 77, 2011 r 139.930................................ ad No 167, 2002 rep No 77, 2011 r 139.935................................ ad No 167, 2002 rep No 77, 2011 r 139.940................................ ad No 167, 2002 rep No 77, 2011 r 139.945................................ ad No 167, 2002 rep No 77, 2011 r 139.950................................ ad No 167, 2002 rep No 77, 2011 r 139.955................................ ad No 167, 2002 rep No 77, 2011 r 139.960................................ ad No 167, 2002 rep No 77, 2011 r 139.965................................ ad No 167, 2002 am No 75, 2003; No 77, 2011 r 139.970................................ ad No 167, 2002 am No 77, 2011 r 139.975................................ ad No 167, 2002 rep No 77, 2011 r 139.980................................ ad No 167, 2002 rep No 77, 2011 r 139.985................................ ad No 167, 2002 rep No 77, 2011 r 139.990................................ ad No 167, 2002 rep No 77, 2011 r 139.995................................ ad No 167, 2002 am No 77, 2011 r 139.1000.............................. ad No 167, 2002 rep No 77, 2011 r 139.1005.............................. ad No 167, 2002 am No 345, 2004 r 139.1010.............................. ad No 167, 2002 am No 345, 2004 r 139.1015.............................. ad No 167, 2002 r 139.1020.............................. ad No 167, 2002 r 139.1022.............................. ad No 75, 2003 r 139.1025.............................. ad No 167, 2002 rep No 77, 2011 Part 141 Part 141.................................. ad No 204, 2000 rs No 5, 2013 am No 274, 2013; No 125, 2014 Subpart 141.A r 141.005................................ ad No 5, 2013 r 141.010................................ ad No 5, 2013 r 141.015................................ ad No 5, 2013 am No 274, 2013 r 141.020................................ ad No 5, 2013 am No 125, 2014 r 141.025................................ ad No 5, 2013 am No 125, 2014 r 141.030................................ ad No 5, 2013 am No 125, 2014 r 141.035................................ ad No 5, 2013 am No 274, 2013 r 141.040................................ ad No 5, 2013 r 141.045................................ ad No 5, 2013 am No 125, 2014 r 141.050................................ ad No 5, 2013 Subpart 141.B r 141.055................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.060................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.065................................ ad No 5, 2013 am No 125, 2014 r 141.070................................ ad No 5, 2013 am No 125, 2014 r 141.075................................ ad No 5, 2013 Subpart 141.C r 141.080................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.085................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.090................................ ad No 5, 2013 am No 125, 2014 r 141.095................................ ad No 5, 2013 am No 125, 2014 r 141.100................................ ad No 5, 2013 am No 125, 2014 Subpart 141.D r 141.105................................ ad No 5, 2013 am No 125, 2014 r 141.110................................ ad No 5, 2013 r 141.115................................ ad No 5, 2013 r 141.120................................ ad No 5, 2013 am No 125, 2014 r 141.125................................ ad No 5, 2013 am No 274, 2013 r 141.130................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.135................................ ad No 5, 2013 rep No 125, 2014 r 141.140................................ ad No 5, 2013 rep No 125, 2014 r 141.145................................ ad No 5, 2013 rep No 125, 2014 r 141.150................................ ad No 5, 2013 rep No 125, 2014 r 141.155................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.160................................ ad No 5, 2013 am No 125, 2014 Subpart 141.E r 141.165................................ ad No 5, 2013 r 141.170................................ ad No 5, 2013 am No 125, 2014 r 141.175................................ ad No 5, 2013 r 141.180................................ ad No 5, 2013 r 141.185................................ ad No 5, 2013 r 141.190................................ ad No 5, 2013 r 141.195................................ ad No 5, 2013 r 141.200................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.205................................ ad No 5, 2013 r 141.210................................ ad No 5, 2013 am No 125, 2014 Subpart 141.F......................... rep No 125, 2014 r 141.215................................ ad No 5, 2013 rep No 125, 2014 r 141.220................................ ad No 5, 2013 am No 274, 2013 rep No 125, 2014 Subpart 141.G Subpart 141.G......................... rs No 125, 2014 r 141.225................................ ad No 5, 2013 rs No 125, 2014 r 141.230................................ ad No 5, 2013 rep No 125, 2014 Subpart 141.H Subpart 141.H......................... ad No 5, 2013 Subpart 141.I Subpart 141.I heading............. am No 125, 2014 r 141.260................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 r 141.265................................ ad No 5, 2013 am No 125, 2014 r 141.270................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 Subpart 141.J r 141.275................................ ad No 5, 2013 r 141.280................................ ad No 5, 2013 Subpart 141.K Subpart 141.K heading............ rs No 274, 2013 r 141.285................................ ad No 5, 2013 r 141.290................................ ad No 5, 2013 r 141.295................................ ad No 5, 2013 r 141.300................................ ad No 5, 2013 r 141.305................................ ad No 5, 2013 rs No 274, 2013 am No 125, 2014 r 141.306................................ ad No 274, 2013 r 141.310................................ ad No 5, 2013 am No 125, 2014 r 141.315................................ ad No 274, 2013 Part 142 Part 142.................................. ad No 204, 2000 rs No 5, 2013 am No 274, 2013 Subpart 142.A r 142.005................................ ad No 5, 2013 r 142.010................................ ad No 5, 2013 r 142.015................................ ad No 5, 2013 am No 274, 2013 r 142.020................................ ad No 5, 2013 r 142.025................................ ad No 5, 2013 r 142.030................................ ad No 5, 2013 r 142.035................................ ad No 5, 2013 r 142.040................................ ad No 5, 2013 am No 274, 2013 r 142.045................................ ad No 5, 2013 r 142.050................................ ad No 5, 2013 r 142.055................................ ad No 5, 2013 r 142.060................................ ad No 5, 2013 Subpart 142.B Division 142.B.1 r 142.065................................ ad No 5, 2013 r 142.070................................ ad No 5, 2013 am No 274, 2013 r 142.075................................ ad No 5, 2013 r 142.080................................ ad No 5, 2013 am No 274, 2013 r 142.085................................ ad No 5, 2013 am No 274, 2013 r 142.090................................ ad No 5, 2013 rep No 274, 2013 r 142.095................................ ad No 5, 2013 r 142.100................................ ad No 5, 2013 Division 142.B.2 r 142.105................................ ad No 5, 2013 am No 274, 2013 r 142.110................................ ad No 5, 2013 r 142.115................................ ad No 5, 2013 r 142.120................................ ad No 5, 2013 r 142.125................................ ad No 5, 2013 r 142.130................................ ad No 5, 2013 Subpart 142.C r 142.135................................ ad No 5, 2013 am No 274, 2013 r 142.140................................ ad No 5, 2013 am No 274, 2013 r 142.145................................ ad No 5, 2013 r 142.150................................ ad No 5, 2013 r 142.155................................ ad No 5, 2013 Subpart 142.D r 142.160................................ ad No 5, 2013 r 142.165................................ ad No 5, 2013 r 142.170................................ ad No 5, 2013 r 142.175................................ ad No 5, 2013 r 142.180................................ ad No 5, 2013 r 142.185................................ ad No 5, 2013 r 142.190................................ ad No 5, 2013 am No 274, 2013 r 142.195................................ ad No 5, 2013 r 142.200................................ ad No 5, 2013 r 142.205................................ ad No 5, 2013 r 142.210................................ ad No 5, 2013 r 142.215................................ ad No 5, 2013 am No 274, 2013 Subpart 142.E r 142.220................................ ad No 5, 2013 r 142.225................................ ad No 5, 2013 r 142.230................................ ad No 5, 2013 r 142.235................................ ad No 5, 2013 r 142.240................................ ad No 5, 2013 r 142.245................................ ad No 5, 2013 Subpart 142.F r 142.250................................ ad No 5, 2013 r 142.255................................ ad No 5, 2013 Subpart 142.G r 142.260................................ ad No 5, 2013 r 142.265................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 Subpart 142.H r 142.270................................ ad No 5, 2013 r 142.275................................ ad No 5, 2013 Subpart 142.I Subpart 142.I.......................... ad No 5, 2013 Subpart 142.J r 142.310................................ ad No 5, 2013 r 142.315................................ ad No 5, 2013 am No 125, 2014 r 142.320................................ ad No 5, 2013 am No 125, 2014 r 142.325................................ ad No 5, 2013 r 142.330................................ ad No 5, 2013 r 142.335................................ ad No 5, 2013 am No 274, 2013 Subpart 142.K r 142.340................................ ad No 5, 2013 am No 274, 2013 r 142.345................................ ad No 5, 2013 r 142.350................................ ad No 5, 2013 am No 274, 2013 Subpart 142.L r 142.355................................ ad No 5, 2013 r 142.360................................ ad No 5, 2013 Subpart 142.M r 142.365................................ ad No 5, 2013 r 142.370................................ ad No 5, 2013 r 142.375................................ ad No 5, 2013 r 142.380................................ ad No 5, 2013 r 142.385................................ ad No 5, 2013 rs No 274, 2013 r 142.386................................ ad No 274, 2013 r 142.390................................ ad No 5, 2013 r 142.395................................ ad No 274, 2013 Part 143 Part 143.................................. ad No 204, 2000 rs No 167, 2002 am No 345, 2004; No 80, 2013; No 274, 2013 Subpart 143.A Subpart A heading................... rep No 345, 2004 Subpart 143.A heading............ ad No 345, 2004 r 143.000................................ ad No 167, 2002 am No 75, 2003 rep No 345, 2004 r 143.005................................ ad No 167, 2002 rs No 75, 2003 r 143.010................................ ad No 167, 2002 am No 75, 2003; No 5, 2013 r 143.015................................ ad No 167, 2002 r 143.016................................ ad No 75, 2003 r 143.017................................ ad No 75, 2003 am No 345, 2004; No 323, 2005; No 80, 2013; F2016L00170 r 143.017A............................. ad No 75, 2003 rep No 345, 2004 r 143.017B.............................. ad No 75, 2003 rep No 345, 2004 r 143.017C.............................. ad No 75, 2003 rep No 345, 2004 r 143.017D............................. ad No 75, 2003 rep No 345, 2004 r 143.017E.............................. ad No 75, 2003 rep No 345, 2004 r 143.017F.............................. ad No 75, 2003 rep No 345, 2004 r 143.017G............................. ad No 75, 2003 rep No 345, 2004 r 143.017H............................. ad No 75, 2003 rep No 345, 2004 Subpart 143.B Subpart B heading................... rep No 345, 2004 Subpart 143.B heading............ ad No 345, 2004 r 143.020................................ ad No 167, 2002 am No 75, 2003; No 5, 2013 r 143.025................................ ad No 167, 2002 am No 75, 2003; No 5, 2013 r 143.027................................ ad No 75, 2003 am No 77, 2011 r 143.030................................ ad No 167, 2002 rep No 77, 2011 r 143.035................................ ad No 167, 2002 rep No 80, 2013 r 143.040................................ ad No 167, 2002 rep No 77, 2011 r 143.045................................ ad No 167, 2002 rep No 77, 2011 r 143.050................................ ad No 167, 2002 am No 77, 2011 Subpart 143.C Subpart C heading................... rep No 345, 2004 Subpart 143.C heading............ ad No 345, 2004 Division 143.C.1 Division 1 heading.................. rep No 345, 2004 Division 143.C.1 heading........ ad No 345, 2004 r 143.055................................ ad No 167, 2002 r 143.060................................ ad No 167, 2002 Division 143.C.2 Division 2 heading.................. rep No 345, 2004 Division 143.C.2 heading........ ad No 345, 2004 r 143.065................................ ad No 167, 2002 am No 75, 2003 r 143.070................................ ad No 167, 2002 am No 75, 2003 Division 143.C.3 Division 3 heading.................. rep No 345, 2004 Division 143.C.3 heading........ ad No 345, 2004 r 143.075................................ ad No 167, 2002 r 143.080................................ ad No 167, 2002 r 143.085................................ ad No 167, 2002 r 143.090................................ ad No 167, 2002 Subpart 143.D Subpart D heading................... rep No 345, 2004 Subpart 143.D heading............ ad No 345, 2004 r 143.095................................ ad No 167, 2002 r 143.100................................ ad No 167, 2002 r 143.105................................ ad No 167, 2002 am No 75, 2003; No 5, 2013 Subpart 143.E Subpart E heading................... rep No 345, 2004 Subpart 143.E heading............ ad No 345, 2004 r 143.110................................ ad No 167, 2002 am No 75, 2003; No 5, 2013 Subpart 143.F Subpart F heading................... rep No 345, 2004 Subpart 143.F heading............ ad No 345, 2004 rs No 77, 2011 Division 143.F.1 Division 1 heading.................. rep No 345, 2004 Division 143.F.1 heading........ ad No 345, 2004 r 143.115................................ ad No 167, 2002 Division 143.F.2 Division 2 heading.................. rep No 345, 2004 Division 143.F.2 heading........ ad No 345, 2004 r 143.118................................ ad No 77, 2011 r 143.120................................ ad No 167, 2002 r 143.125................................ ad No 167, 2002 rep No 77, 2011 r 143.130................................ ad No 167, 2002 am No 75, 2003 rs No 77, 2011 r 143.135................................ ad No 167, 2002 rep No 77, 2011 r 143.140................................ ad No 167, 2002 rep No 77, 2011 r 143.145................................ ad No 167, 2002 rs No 77, 2011 r 143.150................................ ad No 167, 2002 rep No 77, 2011 r 143.155................................ ad No 167, 2002 rep No 77, 2011 r 143.160................................ ad No 167, 2002 rep No 77, 2011 r 143.165................................ ad No 167, 2002 rep No 77, 2011 r 143.170................................ ad No 167, 2002 rep No 77, 2011 r 143.175................................ ad No 167, 2002 rs No 77, 2011 r 143.180................................ ad No 167, 2002 am No 77, 2011 r 143.185................................ ad No 167, 2002 r 143.190................................ ad No 167, 2002 r 143.192................................ ad No 75, 2003 reloc and renum No 77, 2011 r 143.195................................ ad No 167, 2002 rep No 77, 2011 Division 3 heading.................. rep No 345, 2004 Division 143.F.3 heading........ ad No 345, 2004 rep No 77, 2011 Division 143.F.3..................... rep No 77, 2011 r 143.200................................ ad No 167, 2002 rep No 77, 2011 r 143.205................................ ad No 167, 2002 am No 345, 2004 rep No 77, 2011 r 143.210................................ ad No 167, 2002 rep No 77, 2011 Division 143.F.4 Division 4 heading.................. rep No 345, 2004 Division 143.F.4 heading........ ad No 345, 2004 r 143.215................................ ad No 167, 2002 r 143.220................................ ad No 167, 2002 r 143.225................................ ad No 167, 2002 am No 345, 2004 r 143.230................................ ad No 167, 2002 r 143.235................................ ad No 167, 2002 am No 77, 2011 r 143.240................................ ad No 167, 2002 rep No 77, 2011 r 143.245 (prev r 143.192)..... reloc and renum No 77, 2011 Part 144 Part 144.................................. ad No 204, 2000 Part 145 Part 145.................................. ad No 204, 2000 rs No 328, 2010 am No 80, 2013 Subpart 145.A r 145.005................................ ad No 328, 2010 am No 275, 2013 r 145.010................................ ad No 328, 2010 r 145.015................................ ad No 328, 2010 r 145.020................................ ad No 328, 2010 Subpart 145.B r 145.025................................ ad No 328, 2010 r 145.030................................ ad No 328, 2010 r 145.035................................ ad No 328, 2010 r 145.040................................ ad No 328, 2010 r 145.045................................ ad No 328, 2010 Subpart 145.C r 145.050................................ ad No 328, 2010 r 145.055................................ ad No 328, 2010 r 145.060................................ ad No 328, 2010 r 145.065................................ ad No 328, 2010 Subpart 145.D r 145.070................................ ad No 328, 2010 r 145.075................................ ad No 328, 2010 r 145.080................................ ad No 328, 2010 r 145.085................................ ad No 328, 2010 Part 146.................................. ad No 204, 2010 rep No 328, 2010 Part 147 Part 147.................................. ad No 204, 2000 rs No 328, 2010 am No 80, 2013 Subpart 147.A r 147.005................................ ad No 328, 2010 r 147.010................................ ad No 328, 2010 am No 5, 2013; No 80, 2013 r 147.015................................ ad No 328, 2010 r 147.020................................ ad No 328, 2010 Subpart 147.B r 147.025................................ ad No 328, 2010 r 147.030................................ ad No 328, 2010 r 147.035................................ ad No 328, 2010 r 147.040................................ ad No 328, 2010 r 147.045................................ ad No 328, 2010 Subpart 147.C r 147.050................................ ad No 328, 2010 r 147.055................................ ad No 328, 2010 r 147.060................................ ad No 328, 2010 r 147.065................................ ad No 328, 2010 Subpart 147.D r 147.070................................ ad No 328, 2010 r 147.075................................ ad No 328, 2010 r 147.080................................ ad No 328, 2010 r 147.085................................ ad No 328, 2010 Part 148.................................. ad No 204, 2000 rep No 240, 2003 Part 149 Part 149.................................. ad No 204, 2000 Part 171 Part 171.................................. ad No 204, 2000 rs No 167, 2002 am No 345, 2004; No 80, 2013 Subpart 171.A Subpart A heading................... rep No 345, 2004 Subpart 171.A heading............ ad No 345, 2004 r 171.000................................ ad No 167, 2002 am No 75, 2003 rep No 345, 2004 r 171.005................................ ad No 167, 2002 rs No 75, 2003 r 171.010................................ ad No 167, 2002 am No 75, 2003; No 124, 2006; No 265, 2011 r 171.012................................ ad No 75, 2003 r 171.015................................ ad No 167, 2002 r 171.017................................ ad No 75, 2003 am No 345, 2004; No 323, 2005; No 80, 2013; F2016L00170 r 171.017A............................. ad No 75, 2003 rep No 345, 2004 r 171.017B.............................. ad No 75, 2003 rep No 345, 2004 r 171.017C.............................. ad No 75, 2003 rep No 345, 2004 r 171.017D............................. ad No 75, 2003 rep No 345, 2004 r 171.017E.............................. ad No 75, 2003 rep No 345, 2004 r 171.017F.............................. ad No 75, 2003 rep No 345, 2004 r 171.017G............................. ad No 75, 2003 rep No 345, 2004 r 171.017H............................. ad No 75, 2003 rep No 345, 2004 Subpart 171.B Subpart B heading................... rep No 345, 2004 Subpart 171.B heading............ ad No 345, 2004 rs No 77, 2011 r 171.020................................ ad No 167, 2002 am No 75, 2003; No 77, 2011 r 171.022 (prev r 171.165)..... reloc and renum No 77, 2011 r 171.025................................ ad No 167, 2002 am No 77, 2011 r 171.026................................ ad No 77, 2011 r 171.027................................ ad No 77, 2011 r 171.028................................ ad No 77, 2011 r 121.029................................ ad No 77, 2011 Subpart 171.C Subpart C heading................... rep No 345, 2004 Subpart 171.C heading............ ad No 345, 2004 r 171.030................................ ad No 167, 2002 r 171.035................................ ad No 167, 2002 am No 124, 2006; No 77, 2011 r 171.040................................ ad No 167, 2002 r 171.045................................ ad No 167, 2002 rs No 75, 2003 rep No 124, 2006 r 171.050................................ ad No 167, 2002 r 171.055................................ ad No 167, 2002 am No 124, 2006 r 171.060................................ ad No 167, 2002 rep No 124, 2006 r 171.065................................ ad No 167, 2002 r 171.070................................ ad No 167, 2002 r 171.075................................ ad No 167, 2002 r 171.080................................ ad No 167, 2002 r 171.085................................ ad No 167, 2002 r 171.086................................ ad No 124, 2006 Subpart 171.D Subpart D heading................... rep No 345, 2004 Subpart 171.D heading............ ad No 345, 2004 r 171.090................................ ad No 167, 2002 r 171.095................................ ad No 167, 2002 r 171.100................................ ad No 167, 2002 r 171.105................................ ad No 167, 2002 am No 75, 2003 r 171.110................................ ad No 167, 2002 r 171.115................................ ad No 167, 2002 r 171.120................................ ad No 167, 2002 r 171.125................................ ad No 167, 2002 rs No 124, 2006 r 171.130................................ ad No 167, 2002 rep No 124, 2006 r 171.135................................ ad No 167, 2002 rep No 124, 2006 r 171.140................................ ad No 167, 2002 r 171.145................................ ad No 167, 2002 r 171.150................................ ad No 167, 2002 r 171.155................................ ad No 167, 2002 r 171.160................................ ad No 167, 2002 Subpart 171.E Subpart E heading................... rep No 345, 2004 Subpart 171.E heading............ ad No 345, 2004 rs No 77, 2011 r 171.165................................ ad No 167, 2002 reloc and renum No 77, 2011 r 171.170................................ ad No 167, 2002 rep No 77, 2011 r 171.175................................ ad No 167, 2002 rep No 77, 2011 r 171.180................................ ad No 167, 2002 rep No 77, 2011 r 171.185................................ ad No 167, 2002 rep No 77, 2011 r 171.190................................ ad No 167, 2002 rep No 77, 2011 r 171.195................................ ad No 167, 2002 rep No 77, 2011 r 171.200................................ ad No 167, 2002 rep No 77, 2011 r 171.205................................ ad No 167, 2002 am No 75, 2003 rep No 77, 2011 r 171.210................................ ad No 167, 2002 rep No 77, 2011 r 171.215................................ ad No 167, 2002 rep No 77, 2011 r 171.220................................ ad No 167, 2002 am No 345, 2004 r 171.225................................ ad No 167, 2002 r 171.230................................ ad No 167, 2002 am No 345, 2004 r 171.235................................ ad No 167, 2002 r 171.237................................ ad No 75, 2003 r 171.240................................ ad No 167, 2002 rep No 77, 2011 r 171.245................................ ad No 167, 2002 r 171.250................................ ad No 167, 2002 am No 124, 2006 rep No 77, 2011 r 171.255................................ ad No 167, 2002 rep No 77, 2011 Part 172 Part 172.................................. ad No 204, 2000 rs No 167, 2002 am No 345, 2004; No 80, 2013 Subpart 172.A Subpart A heading................... rep No 345, 2004 Subpart 172.A heading............ ad No 345, 2004 r 172.000................................ ad No 167, 2002 am No 75, 2003 rep No 345, 2004 r 172.005................................ ad No 167, 2002 rs No 75, 2003 r 172.010................................ ad No 167, 2002 am No 75, 2003; No 172, 2007 r 172.015................................ ad No 167, 2002 r 172.020................................ ad No 167, 2002 r 172.022................................ ad No 75, 2003 am No 345, 2004; No 323, 2005; No 80, 2013; F2016L00170 r 172.022A............................. ad No 75, 2003 rep No 345, 2004 r 172.022B.............................. ad No 75, 2003 rep No 345, 2004 r 172.022C.............................. ad No 75, 2003 rep No 345, 2004 r 172.022D............................. ad No 75, 2003 rep No 345, 2004 r 172.022E.............................. ad No 75, 2003 rep No 345, 2004 r 172.022F.............................. ad No 75, 2003 rep No 345, 2004 r 172.022G............................. ad No 75, 2003 rep No 345, 2004 r 172.022H............................. ad No 75, 2003 rep No 345, 2004 Subpart 172.B Subpart B heading................... rep No 345, 2004 Subpart 172.B heading............ ad No 345, 2004 r 172.024................................ ad No 75, 2003 r 172.025................................ ad No 167, 2002 am No 345, 2004 rep No 77, 2011 r 172.030................................ ad No 167, 2002 am No 345, 2004 r 172.035................................ ad No 167, 2002 rep No 77, 2011 r 172.040................................ ad No 167, 2002 rep No 80, 2013 r 172.045................................ ad No 167, 2002 am No 345, 2004 rep No 77, 2011 r 172.050................................ ad No 167, 2002 am No 345, 2004; No 77, 2011 r 172.055................................ ad No 167, 2002 am No 345, 2004 Subpart 172.C Subpart C heading................... rep No 345, 2004 Subpart 172.C heading............ ad No 345, 2004 Division 172.C.1 Division 1 heading.................. rep No 345, 2004 Division 172.C.1 heading........ ad No 345, 2004 r 172.060................................ ad No 167, 2002 Division 172.C.2 Division 2 heading.................. rep No 345, 2004 Division 172.C.2 heading........ ad No 345, 2004 r 172.065................................ ad No 167, 2002 r 172.070................................ ad No 167, 2002 r 172.075................................ ad No 167, 2002 r 172.080................................ ad No 167, 2002 r 172.085................................ ad No 167, 2002 r 172.090................................ ad No 167, 2002 Division 172.C.3 Division 3 heading.................. rep No 345, 2004 Division 172.C.3 heading........ ad No 345, 2004 r 172.095................................ ad No 167, 2002 Division 172.C.4 Division 4 heading.................. rep No 345, 2004 Division 4............................... ad No 167, 2002 Division 172.C.4 heading........ ad No 345, 2004 r 172.100................................ ad No 167, 2002 r 172.105................................ ad No 167, 2002 r 172.110................................ ad No 167, 2002 r 172.115................................ ad No 167, 2002 r 172.120................................ ad No 167, 2002 Division 172.C.5 Division 5 heading.................. rep No 345, 2004 Division 172.C.5 heading........ ad No 345, 2004 r 172.125................................ ad No 167, 2002 r 172.130................................ ad No 167, 2002 r 172.135................................ ad No 167, 2002 Division 172.C.6 Division 6 heading.................. rep No 345, 2004 Division 172.C.6 heading........ ad No 345, 2004 r 172.140................................ ad No 167, 2002 r 172.145................................ ad No 167, 2002 r 172.150................................ ad No 167, 2002 r 172.155................................ ad No 167, 2002 Division 172.C.7 Division 7 heading.................. rep No 345, 2004 Division 172.C.7 heading........ ad No 345, 2004 r 172.160................................ ad No 167, 2002 r 172.165................................ ad No 167, 2002 r 172.170................................ ad No 167, 2002 r 172.175................................ ad No 167, 2002 Division 172.C.8 Division 8 heading.................. rep No 345, 2004 Division 172.C.8 heading........ ad No 345, 2004 r 172.180................................ ad No 167, 2002 am No 265, 2011 Subpart 172.D Subpart D heading................... rep No 345, 2004 Subpart 172.D heading............ ad No 345, 2004 r 172.185................................ ad No 167, 2002 r 172.190................................ ad No 167, 2002 Subpart 172.E Subpart E heading................... rep No 345, 2004 Subpart 172.E heading............ ad No 345, 2004 r 172.195................................ ad No 167, 2002 Subpart 172.F Subpart F heading................... rep No 345, 2004 Subpart 172.F heading............ ad No 345, 2004 rs No 77, 2011 Division 172.F.1 Division 1 heading.................. rep No 345, 2004 Division 172.F.1 heading........ ad No 345, 2004 r 172.200................................ ad No 167, 2002 Division 172.F.2 Division 2 heading.................. rep No 345, 2004 Division 172.F.2 heading........ ad No 345, 2004 r 172.202................................ ad No 77, 2011 r 172.205................................ ad No 167, 2002 r 172.210................................ ad No 167, 2002 rep No 77, 2011 r 172.215................................ ad No 167, 2002 rs No 77, 2011 r 172.220................................ ad No 167, 2002 rep No 77, 2011 r 172.225................................ ad No 167, 2002 rep No 77, 2011 r 172.230................................ ad No 167, 2002 rs No 77, 2011 r 172.235................................ ad No 167, 2002 rep No 77, 2011 r 172.240................................ ad No 167, 2002 rep No 77, 2011 r 172.245................................ ad No 167, 2002 rep No 77, 2011 r 172.250................................ ad No 167, 2002 rep No 77, 2011 r 172.255................................ ad No 167, 2002 rep No 77, 2011 r 172.260................................ ad No 167, 2002 rs No 77, 2011 r 172.265................................ ad No 167, 2002 am No 77, 2011 r 172.270................................ ad No 167, 2002 rs No 77, 2011 r 172.275................................ ad No 167, 2002 rep No 77, 2011 r 172.280................................ ad No 167, 2002 rep No 77, 2011 Division 3 heading.................. rep No 345, 2004 Division 172.F.3 heading........ ad No 345, 2004 Division 172.F.3..................... rep No 77, 2011 r 172.285................................ ad No 167, 2002 rep No 77, 2011 r 172.290................................ ad No 167, 2002 am No 345, 2004 rep No 77, 2011 r 172.295................................ ad No 167, 2002 am No 75, 2003 rep No 77, 2011 Division 172.F.4 Division 4 heading.................. rep No 345, 2004 Division 172.F.4 heading........ ad No 345, 2004 r 172.300................................ ad No 167, 2002 Division 172.F.5 Division 5 heading.................. rep No 345, 2004 Division 172.F.5 heading........ ad No 345, 2004 r 172.305................................ ad No 167, 2002 r 172.310................................ ad No 167, 2002 am No 345, 2004 r 172.315................................ ad No 167, 2002 am No 345, 2004 r 172.320................................ ad No 167, 2002 r 172.325................................ ad No 167, 2002 r 172.327................................ ad No 75, 2003 r 172.330................................ ad No 167, 2002 rep No 77, 2011 Part 173 Part 173.................................. ad No 204, 2000 rs No 189, 2003 am No 345, 2004; No 80, 2013 Subpart 173.A r 173.000................................ ad No 189, 2003 rep No 345, 2004 r 173.005................................ ad No 189, 2003 r 173.010................................ ad No 189, 2003 am No 265, 2011 r 173.015................................ ad No 189, 2003 r 173.020................................ ad No 189, 2003 r 173.025................................ ad No 189, 2003 r 173.030................................ ad No 189, 2003 am No 80, 2013 r 173.035................................ ad No 189, 2003 rs No 265, 2011 r 173.040................................ ad No 189, 2003 Subpart 173.B Division 173.B.1 Division 173.B.1 heading........ rs No 77, 2011 r 173.045................................ ad No 189, 2003 am No 77, 2011 r 173.050................................ ad No 189, 2003 r 173.055................................ ad No 189, 2003 am No 77, 2011 r 173.060................................ ad No 189, 2003 rep No 77, 2011 r 173.065................................ ad No 189, 2003 rs No 77, 2011 r 173.070................................ ad No 189, 2003 rs No 77, 2011 Division 173.B.2 r 173.075................................ ad No 189, 2003 r 173.080................................ ad No 189, 2003 r 173.085................................ ad No 189, 2003 r 173.090................................ ad No 189, 2003 r 173.095................................ ad No 189, 2003 r 173.100................................ ad No 189, 2003 r 173.105................................ ad No 189, 2003 r 173.110................................ ad No 189, 2003 r 173.115................................ ad No 189, 2003 r 173.120................................ ad No 189, 2003 r 173.125................................ ad No 189, 2003 r 173.130................................ ad No 189, 2003 r 173.135................................ ad No 189, 2003 r 173.140................................ ad No 189, 2003 r 173.145................................ ad No 189, 2003 r 173.150................................ ad No 189, 2003 r 173.155................................ ad No 189, 2003 r 173.160................................ ad No 189, 2003 Division 173.B.3 r 173.165................................ ad No 189, 2003 r 173.170................................ ad No 189, 2003 r 173.175................................ ad No 189, 2003 r 173.180................................ ad No 189, 2003 r 173.185................................ ad No 189, 2003 r 173.190................................ ad No 189, 2003 Division 173.B.4 r 173.195................................ ad No 189, 2003 am No 265, 2011 r 173.200................................ ad No 189, 2003 r 173.205................................ ad No 189, 2003 r 173.210................................ ad No 189, 2003 r 173.215................................ ad No 189, 2003 Subpart 173.C Division 173.C.1 Division 173.C.1 heading........ rs No 77, 2011 r 173.220................................ ad No 189, 2003 am No 77, 2011 r 173.225................................ ad No 189, 2003 r 173.230................................ ad No 189, 2003 rep No 77, 2011 r 173.235................................ ad No 189, 2003 rep No 77, 2011 r 173.240................................ ad No 189, 2003 rs No 77, 2011 r 173.245................................ ad No 189, 2003 rs No 77, 2011 Division 173.C.2 r 173.250................................ ad No 189, 2003 r 173.255................................ ad No 189, 2003 r 173.260................................ ad No 189, 2003 r 173.265................................ ad No 189, 2003 r 173.270................................ ad No 189, 2003 r 173.275................................ ad No 189, 2003 r 173.280................................ ad No 189, 2003 r 173.285................................ ad No 189, 2003 r 173.290................................ ad No 189, 2003 am No 265, 2011 Division 173.C.3 r 173.295................................ ad No 189, 2003 r 173.300................................ ad No 189, 2003 r 173.305................................ ad No 189, 2003 Subpart 173.D r 173.310................................ ad No 189, 2003 r 173.315................................ ad No 189, 2003 Subpart 173.E Subpart 173.E heading............ rs No 77, 2011 Division 173.E.1 Division 173.E.1 heading........ rs No 77, 2011 r 173.320................................ ad No 189, 2003 rep No 77, 2011 r 173.325................................ ad No 189, 2003 rep No 77, 2011 r 173.330................................ ad No 189, 2003 rs No 77, 2011 r 173.335................................ ad No 189, 2003 rs No 77, 2011 r 173.340................................ ad No 189, 2003 rep No 77, 2011 r 173.345................................ ad No 189, 2003 am No 77, 2011 r 173.350................................ ad No 189, 2003 am No 77, 2011 r 173.355................................ ad No 189, 2003 rep No 77, 2011 r 173.360................................ ad No 189, 2003 rep No 77, 2011 Division 173.E.2..................... rep No 77, 2011 r 173.365................................ ad No 189, 2003 rep No 77, 2011 r 173.370................................ ad No 189, 2003 rep No 77, 2011 Division 173.E.3 r 173.375................................ ad No 189, 2003 Division 173.E.4 r 173.380................................ ad No 189, 2003 r 173.385................................ ad No 189, 2003 rep No 77, 2011 Division 173.E.5 r 173.390................................ ad No 189, 2003 r 173.395................................ ad No 189, 2003 r 173.400................................ ad No 189, 2003 am No 265, 2011 Part 175 Part 175.................................. ad No 135, 2014 Subpart 175.A r 175.005................................ ad No 135, 2014 r 175.010................................ ad No 135, 2014 r 175.015................................ ad No 135, 2014 r 175.020................................ ad No 135, 2014 r 175.025................................ ad No 135, 2014 Subpart 175.B Division 175.B.1 r 175.030................................ ad No 135, 2014 r 175.035................................ ad No 135, 2014 Division 175.B.2 r 175.040................................ ad No 135, 2014 r 175.045................................ ad No 135, 2014 r 175.050................................ ad No 135, 2014 r 175.055................................ ad No 135, 2014 r 175.060................................ ad No 135, 2014 r 175.065................................ ad No 135, 2014 r 175.067................................ ad No 135, 2014 Division 175.B.3 r 175.070................................ ad No 135, 2014 r 175.075................................ ad No 135, 2014 r 175.080................................ ad No 135, 2014 r 175.085................................ ad No 135, 2014 Division 175.B.4 r 175.090................................ ad No 135, 2014 r 175.095................................ ad No 135, 2014 r 175.100................................ ad No 135, 2014 r 175.105................................ ad No 135, 2014 r 175.110................................ ad No 135, 2014 r 175.115................................ ad No 135, 2014 r 175.120................................ ad No 135, 2014 r 175.125................................ ad No 135, 2014 r 175.130................................ ad No 135, 2014 r 175.135................................ ad No 135, 2014 r 175.140................................ ad No 135, 2014 r 175.145................................ ad No 135, 2014 Division 175.B.5 r 175.150................................ ad No 135, 2014 r 175.155................................ ad No 135, 2014 r 175.160................................ ad No 135, 2014 r 175.165................................ ad No 135, 2014 r 175.170................................ ad No 135, 2014 r 175.175................................ ad No 135, 2014 r 175.180................................ ad No 135, 2014 r 175.185................................ ad No 135, 2014 r 175.190................................ ad No 135, 2014 r 175.195................................ ad No 135, 2014 Division 175.B.6 r 175.200................................ ad No 135, 2014 r 175.205................................ ad No 135, 2014 r 175.210................................ ad No 135, 2014 r 175.215................................ ad No 135, 2014 r 175.220................................ ad No 135, 2014 r 175.225................................ ad No 135, 2014 r 175.230................................ ad No 135, 2014 r 175.235................................ ad No 135, 2014 r 175.240................................ ad No 135, 2014 r 175.245................................ ad No 135, 2014 r 175.250................................ ad No 135, 2014 r 175.255................................ ad No 135, 2014 r 175.260................................ ad No 135, 2014 Subpart 175.C Division 175.C.1 r 175.265................................ ad No 135, 2014 r 175.270................................ ad No 135, 2014 r 175.275................................ ad No 135, 2014 Division 175.C.2 r 175.280................................ ad No 135, 2014 r 175.285................................ ad No 135, 2014 r 175.290................................ ad No 135, 2014 r 175.295................................ ad No 135, 2014 r 175.300................................ ad No 135, 2014 r 175.305................................ ad No 135, 2014 Division 175.C.3 r 175.310................................ ad No 135, 2014 r 175.315................................ ad No 135, 2014 r 175.320................................ ad No 135, 2014 r 175.325................................ ad No 135, 2014 r 175.330................................ ad No 135, 2014 Division 175.C.4 r 175.335................................ ad No 135, 2014 r 175.340................................ ad No 135, 2014 r 175.345................................ ad No 135, 2014 Division 175.C.5 r 175.350................................ ad No 135, 2014 r 175.355................................ ad No 135, 2014 r 175.360................................ ad No 135, 2014 r 175.365................................ ad No 135, 2014 r 175.370................................ ad No 135, 2014 r 175.375................................ ad No 135, 2014 Division 175.C.6 r 175.380................................ ad No 135, 2014 r 175.385................................ ad No 135, 2014 r 175.390................................ ad No 135, 2014 r 175.395................................ ad No 135, 2014 r 175.400................................ ad No 135, 2014 r 175.405................................ ad No 135, 2014 r 175.410................................ ad No 135, 2014 r 175.415................................ ad No 135, 2014 r 175.420................................ ad No 135, 2014 r 175.425................................ ad No 135, 2014 r 175.430................................ ad No 135, 2014 r 175.435................................ ad No 135, 2014 r 175.440................................ ad No 135, 2014 Subpart 175.D Division 175.D.1 r 175.445................................ ad No 135, 2014 r 175.450................................ ad No 135, 2014 r 175.455................................ ad No 135, 2014 r 175.460................................ ad No 135, 2014 r 175.465................................ ad No 135, 2014 r 175.470................................ ad No 135, 2014 Division 175.D.2 r 175.475................................ ad No 135, 2014 Subpart 175.E r 175.480................................ ad No 135, 2014 r 175.485................................ ad No 135, 2014 r 175.490................................ ad No 135, 2014 r 175.495................................ ad No 135, 2014 r 175.500................................ ad No 135, 2014 Part 183.................................. ad No 204, 2000 rep No 77, 2011 Part 200 Part 200 heading..................... rs No 345, 2004 am No 345, 2004; No 80, 2013; No 274, 2013 Subpart A................................ ad No 204, 2000 Subpart 200.A (prev............... Subpart A) renum No 350, 2002 rep No 345, 2004 r 200.0.................................... ad No 204, 2000 r 200.000 (prev r 200.0)......... renum No 350, 2002 rep No 345, 2004 Subpart 200.B Division 1 heading.................. rep No 204, 2000 Subpart B heading................... ad No 204, 2000 Subpart 200.B (prev................ Subpart B) renum No 350, 2002 r 200.1.................................... am No 227, 2000; No 350, 2002 r 200.001 (prev r 200.1)......... renum No 350, 2002 r 200.2.................................... am No 227, 2000; No 350, 2002 r 200.002 (prev r 200.2)......... renum No 350, 2002 am No 216, 2004 r 200.3.................................... am No 227, 2000; No 350, 2002 r 200.003 (prev r 200.3)......... renum No 350, 2002 rs No 226, 2007 r 200.4.................................... am No 227, 2000; No 350, 2002 r 200.004 (prev r 200.4)......... renum No 350, 2002 rs No 321, 2005 r 200.5.................................... am No 227, 2000 rs No 349, 2001 r 200.005 (prev r 200.5)......... renum No 350, 2002 am No 350, 2002 r 200.6.................................... am No 227, 2000 rep No 349, 2001 r 200.7.................................... rep No 7, 2000 r 200.8.................................... am No 227, 2000; No 350, 2002 r 200.008 (prev r 200.8)......... renum No 350, 2002 r 200.9.................................... am No 227, 2000 rep No 349, 2001 r 200.10.................................. rs No 7, 2000 am No 350, 2002 r 200.010 (prev r 200.10)....... renum No 350, 2002 r 200.11.................................. rep No 7, 2000 r 200.12.................................. rep No 7, 2000 r 200.13.................................. am No 166, 1999; No 227, 2000; No 350, 2002 r 200.013 (prev r 200.13)....... renum No 350, 2002 am No 216, 2004 rs No 321, 2005 r 200.14.................................. am No 227, 2000; No 350, 2002 r 200.014 (prev r 200.14)....... renum No 350, 2002 rs No 321, 2005 Subpart 200.C Division 2 heading.................. rep No 204, 2000 Subpart C heading................... ad No 204, 2000 Subpart 200.C (prev................ Subpart C) renum No 350, 2002 r 200.20.................................. am No 227, 2000; No 350, 2002 r 200.020 (prev r 200.20)....... renum No 350, 2002 r 200.025................................ ad No 5, 2013 am No 274, 2013 r 200.030................................ ad No 274, 2013 Part 201 Part 201.................................. am No 345, 2004; No 80, 2013; No 274, 2013 r 201.0.................................... ad No 204, 2000 r 201.000 (prev r 201.0)......... renum No 350, 2002 rep No 345, 2004 r 201.1.................................... am No 227, 2000; No 350, 2002 r 201.001 (prev r 201.1)......... renum No 350, 2002 r 201.2.................................... am No 227, 2000; No 350, 2002 r 201.002 (prev r 201.2)......... renum No 350, 2002 rep No 345, 2004 r 201.003 (prev r 201.3)......... renum No 350, 2002 r 201.4.................................... am No 166, 1999; No 262, 1999; No 204, 2000; No 227, 2000; No 350, 2002 r 201.004 (prev r 201.4)......... renum No 350, 2002 am No 345, 2004; No 41, 2007; No 64, 2009; No 277, 2010; No 328, 2010; No 77, 2011; No 265, 2011 rs No 80, 2013 am No 274, 2013; No 275, 2013; No 204, 2014; No 245, 2015; No 246, 2015 r 201.005................................ ad No 345, 2004 rep No 80, 2013 r 201.010................................ ad No 345, 2004 rep No 80, 2013 r 201.015................................ ad No 345, 2004 rep No 77, 2011 r 201.016................................ ad No 258, 2005 am No 192, 2008 r 201.020................................ ad No 345, 2004 rs No 77, 2011 r 201.025................................ ad No 274, 2013 Part 202 Part 202.................................. ad No 262, 1999 am No 345, 2004; No 80, 2013; No 188, 2013; No 274, 2013; No 275, 2013; No 40, 2014; No 125, 2014; No 135, 2014 Subpart 202.AA heading......... ad No 321, 2002 rep No 345, 2004 Subpart 202.AA...................... rep No 345, 2004 r 202.0.................................... ad No 204, 2000 rep No 321, 2002 r 202.000................................ ad No 321, 2002 am No 58, 2003; No 75, 2003; No 240, 2003 rep No 345, 2004 Subpart 202.AB Subpart 202.AB...................... ad No 321, 2002 rs No 77, 2011 Subpart 202.AD Subpart 202.AD...................... ad No 321, 2002 rs No 345, 2004 r 202.010................................ ad No 345, 2004 am No 77, 2011 r 202.011................................ ad No 345, 2004 am No 77, 2011; No 80, 2013 r 202.011A............................. ad No 77, 2011 r 202.011B.............................. ad No 77, 2011 r 202.011C.............................. ad No 77, 2011 r 202.011D............................. ad No 77, 2011 r 202.011E.............................. ad No 77, 2011 am No 80, 2013 r 202.011F.............................. ad No 77, 2011 am No 80, 2013 r 202.011G............................. ad No 77, 2011 r 202.012................................ ad No 345, 2004 r 202.013................................ ad No 77, 2011 Subpart 202.AF Subpart 202.AF....................... ad No 321, 2002 Subpart 202.AJ Subpart 202.AJ heading.......... ad No 321, 2002 Division 202.AJ.1 Division 202.AJ.1 heading...... ad No 76, 2011 Subdivision 202.AJ.1.A Subdivision 202.AJ.1.A.......... heading ad No 188, 2013 r 202.049A............................. ad No 76, 2011 Subdivision 202.AJ.1.B Subdivision 202.AJ.1.B.......... heading ad No 188, 2013 r 202.1.................................... ad No 262, 1999 r 202.050 (prev r 202.1)......... renum No 321, 2002 am No 350, 2002 (md not incorp) r 202.2.................................... ad No 262, 1999 r 202.051 (prev r 202.2)......... renum No 321, 2002 am No 350, 2002 (md not incorp) r 202.3.................................... ad No 262, 1999 r 202.052 (prev r 202.3)......... renum No 321, 2002 am No 350, 2002 (md not incorp) Subdivision 202.AJ.1.C Subdivision 202.AJ.1.C.......... ad No 188, 2013 r 202.052A............................. ad No 188, 2013 exp 1 Mar 2017 (r 202.052A(5)) Division 202.AJ.2 Division 202.AJ.2................... ad No 76, 2011 Subdivision 202.AJ.2.A Subdivision 202.AJ.2.A.......... heading ad No 40, 2014 r 202.053................................ ad No 76, 2011 r 202.054................................ ad No 76, 2011 r 202.055................................ ad No 76, 2011 r 202.056................................ ad No 76, 2011 r 202.057................................ ad No 76, 2011 rep No 40, 2014 r 202.058................................ ad No 76, 2011 Subdivision 202.AJ.2.B Subdivision 202.AJ.2.B.......... ad No 40, 2014 r 202.058A............................. ad No 40, 2014 Division 202.AJ.3 Division 202.AJ.3................... ad No 76, 2011 Subdivision 202.AJ.3.A Subdivision 202.AJ.3.A.......... heading ad No 40, 2014 r 202.059................................ ad No 76, 2011 Subpart 202.AK Subpart 202.AK...................... ad No 321, 2002 rs No 147, 2009 r 202.060................................ ad No 147, 2009 Subpart 202.AL Subpart 202.AL...................... ad No 321, 2002 rs No 147, 2009 r 202.070................................ ad No 147, 2009 Subpart 202.AM..................... ad No 321, 2002 rep No 345, 2004 Subpart 202.AN Subpart 202.AN...................... ad No 321, 2002 rs No 147, 2009 r 202.090................................ ad No 147, 2009 Subpart 202.AO Subpart 202.AO...................... ad No 321, 2002 Subpart 202.AP Subpart 202.AP....................... ad No 321, 2002 Subpart 202.AR Subpart 202.AR...................... ad No 321, 2002 Subpart 202.AT Subpart 202.AT...................... ad No 321, 2002 Subpart 202.AU Subpart 202.AU...................... ad No 321, 2002 rs No 147, 2009 r 202.140................................ ad No 147, 2009 Subpart 202.AV Subpart 202.AV...................... ad No 321, 2002 Subpart 202.AX Subpart 202.AX...................... ad No 321, 2002 Subpart 202.AZ Subpart 202.AZ heading......... ad No 321, 2002 rs No 345, 2004 Subpart 202.AZ...................... rs No 345, 2004 r 202.4.................................... ad No 262, 1999 r 202.170 (prev r 202.4)......... renum No 321, 2002 am No 350, 2002 (md not incorp) rs No 345, 2004 r 202.5.................................... ad No 262, 1999 r 202.171 (prev r 202.5)......... renum No 321, 2002 am No 350, 2002 (md not incorp) rs No 345, 2004 r 202.6.................................... ad No 262, 1999 r 202.172 (prev r 202.6)......... renum No 321, 2002 am No 350, 2002 (md not incorp) rs No 345, 2004 Subpart 202.BA Subpart 202.BA...................... ad No 328, 2010 r 202.180................................ ad No 328, 2010 rs No 275, 2013 r 202.181................................ ad No 328, 2010 rs No 275, 2013 r 202.182................................ ad No 328, 2010 rep No 275, 2013 r 202.183................................ ad No 328, 2010 r 202.184................................ ad No 328, 2010 am No 107, 2012 rep No 275, 2013 r 202.185................................ ad No 328, 2010 r 202.186................................ ad No 328, 2010 r 202.187................................ ad No 328, 2010 am No 275, 2013 r 202.188................................ ad No 328, 2010 rs No 80, 2013 r 202.189................................ ad No 328, 2010 rep No 275, 2013 r 202.190................................ ad No 328, 2010 rep No 275, 2013 r 202.191................................ ad No 328, 2010 am No 80, 2013 r 202.192................................ ad No 328, 2010 rep No 275, 2013 r 202.193................................ ad No 328, 2010 am No 80, 2013 r 202.194................................ ad No 328, 2010 Subpart 202.BB....................... ad No 321, 2002 rep No 328, 2010 Subpart 202.BD Subpart 202.BD...................... ad No 321, 2002 rs No 345, 2004 Division 202.BD.1 Division 202.BD.1 heading..... ad No 245, 2015 r 202.200................................ ad No 345, 2004 Division 202.BD.2 Division 202.BD.2.................. ad No 245, 2015 r 202.205................................ ad No 245, 2015 r 202.210................................ ad No 245, 2015 r 202.215................................ ad No 245, 2015 r 202.220................................ ad No 245, 2015 Subpart 202.BF Subpart 202.BF....................... ad No 321, 2002 rs No 134, 2004 Division 202.BF.1 Division 202.BF.1 heading...... ad No 204, 2014 r 202.220................................ ad No 134, 2004 am No 204, 2014 r 202.221................................ ad No 134, 2004 r 202.222................................ ad No 134, 2004 r 202.223................................ ad No 134, 2004 am No 345, 2004; No 242, 2005 r 202.224................................ ad No 134, 2004 r 202.225................................ ad No 134, 2004 am No 242, 2005 Division 202.BF.2 Division 202.BF.2................... ad No 204, 2014 r 202.226................................ ad No 134, 2004 rep No 242, 2005 ad No 204, 2014 r 202.227................................ ad No 204, 2014 r 202.228................................ ad No 204, 2014 Subpart 202.CA Subpart 202.CA...................... ad No 321, 2002 rs No 240, 2003 r 202.240................................ ad No 240, 2003 am No 345, 2004 r 202.241................................ ad No 240, 2003 am No 345, 2004 Subpart 202.CB Subpart 202.CB....................... ad No 321, 2002 rs No 5, 2013 Division 202.CB.1 Division 202.CB.1 heading..... rs No 274, 2013; No 125, 2014 exp 31 Aug 2025 (r 202.281) Division 202.CB.1.................. exp 31 Aug 2025 (r 202.281) Subdivision 202.CB.1.1 Subdivision 202.CB.1.1.......... heading ad No 274, 2013 exp 31 Aug 2025 (r 202.281) r 202.260................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2025 (r 202.281) r 202.261................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2025 (r 202.281) r 202.262................................ ad No 274, 2013 exp 31 Aug 2025 (r 202.281) Subdivision 202.CB.1.2 Division 202.CB.2 heading..... rep No 274, 2013 Subdivision 202.CB.1.2.......... heading ad No 274, 2013 exp 31 Aug 2018 (r 202.271) Subdivision 202.CB.1.2.......... exp 31 Aug 2018 (r 202.271) r 202.263................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.271) r 202.264................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.271) r 202.265................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.271) r 202.266................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.271) r 202.267................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.271) r 202.268................................ ad No 5, 2013 rs No 274, 2013 am No 125, 2014 exp 31 Aug 2018 (r 202.271) r 202.268A............................. ad No 274, 2013 exp 31 Aug 2018 (r 202.271) r 202.269................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.271) r 202.270................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.271) r 202.271................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2018 (r 202.271) Subdivision 202.CB.1.3 Division 202.CB.3 heading..... rep No 274, 2013 Subdivision 202.CB.1.3.......... heading ad No 274, 2013 exp 31 Aug 2018 (r 202.273) Subdivision 202.CB.1.3.......... exp 31 Aug 2018 (r 202.273) r 202.272................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.273) r 202.273................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2018 (r 202.273) Subdivision 202.CB.1.4 Division 202.CB.4 heading..... rep No 274, 2013 Subdivision 202.CB.1.4.......... heading ad No 274, 2013 exp 31 Aug 2025 (r 202.281) r 202.274................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.274(3)) r 202.275................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.275(4)) r 202.276................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.276(5)) r 202.277................................ ad No 5, 2013 exp 31 Aug 2025 (r 202.281) r 202.277A............................. ad No 274, 2013 exp 31 Aug 2017 (r 202.277A(3)) r 202.277B.............................. ad No 274, 2013 exp 31 Aug 2017 (r 202.277B(3)) r 202.277C.............................. ad No 274, 2013 exp 31 Aug 2025 (r 202.281) r 202.277D............................. ad No 274, 2013 rep No 125, 2014 r 202.278................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2018 (r 202.278(2)) r 202.279................................ ad No 274, 2013 exp 31 Aug 2018 (r 202.279(3)) r 202.280................................ ad No 274, 2013 rep 31 May 2015 (r 202.280(4)) r 202.281................................ ad No 274, 2013 exp 31 Aug 2025 (r 202.281) Subpart 202.CD...................... ad No 321, 2002 rep No 5, 2013 Subpart 202.CE Subpart 202.CE....................... ad No 321, 2002 rs No 5, 2013 Division 202.CE.1 Division 202.CE.1 heading..... rs No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.312) Division 202.CE.1.................. exp 31 Aug 2018 (r 202.312) Subdivision 202.CE.1.1 Subdivision 202.CE.1.1.......... heading ad No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.300................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.312) r 202.301................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.302................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.303................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.312) r 202.304................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.305................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.312) Subdivision 202.CE.1.2 Division 202.CE.2 heading..... rep No 274, 2013 Subdivision 202.CE.1.2.......... heading ad No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.307................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.312) r 202.308................................ ad No 5, 2013 am No 125, 2014 exp 31 Aug 2018 (r 202.312) r 202.309................................ ad No 5, 2013 am No 125, 2014 exp 31 Aug 2018 (r 202.312) r 202.310................................ ad No 5, 2013 exp 31 Aug 2018 (r 202.312) r 202.311................................ ad No 5, 2013 am No 274, 2013; No 125, 2014 exp 31 Aug 2018 (r 202.312) Subdivision 202.CE.1.3 Subdivision 202.CE.1.3.......... ad No 274, 2013 exp 31 Aug 2018 (r 202.312) r 202.312................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2018 (r 202.312) Subpart 202.CF Subpart 202.CF....................... ad No 321, 2002 rs No 75, 2003 r 202.320................................ ad No 75, 2003 am No 345, 2004 r 202.321................................ ad No 345, 2004 Subpart 202.CG Subpart 202.CG...................... ad No 321, 2002 rs No 328, 2010 r 202.340................................ ad No 328, 2010 rs No 246, 2015 r 202.341................................ ad No 328, 2010 rs No 246, 2015 r 202.342................................ ad No 328, 2010 rs No 246, 2015 r 202.343................................ ad No 328, 2010 rs No 246, 2015 r 202.344................................ ad No 328, 2010 am No 107, 2012; No 80, 2013; No 275, 2013 exp 26 June 2015 (r 202.344(5)) rep 26 June 2015 (r 202.344(6)) r 202.345................................ ad No 328, 2010 rep No 246, 2015 ad No 246, 2015 rep 3 July 2020 (r 202.345(3)) r 202.345A............................. ad No 80, 2013 am No 275, 2013 exp 26 June 2015 (r 202.345A(5)) rep 26 June 2015 (r 202.345A(6)) r 202.345B.............................. ad No 80, 2013 am No 275, 2013 exp 26 June 2015 (r 202.345B(5)) rep 26 June 2015 (r 202.345B(6)) r 202.345C.............................. ad No 80, 2013 am No 275, 2013 exp 26 June 2015 (r 202.345C(5)) rep 26 June 2015 (r 202.345C(6)) r 202.346................................ ad No 328, 2010 rs No 80, 2013 rep No 246, 2015 r 202.347................................ ad No 328, 2010 rep No 246, 2015 r 202.348................................ ad No 80, 2013 rep No 246, 2015 r 202.350................................ ad No 246, 2015 rep 1 Jan 2017 (r 202.350(3)) Subpart 202.CH Subpart 202.CH...................... ad No 321, 2002 rs No 232, 2003 r 202.360................................ ad No 232, 2003 am No 345, 2004 r 202.361................................ ad No 232, 2003 am No 345, 2004 r 202.362................................ ad No 232, 2003 am No 345, 2004 r 202.363................................ ad No 232, 2003 rs No 345, 2004 Subpart 202.DA Subpart 202.DA...................... ad No 321, 2002 Subpart 202.EA Subpart 202.EA...................... ad No 321, 2002 Subpart 202.EB Subpart 202.EB....................... ad No 321, 2002 Subpart 202.EC Subpart 202.EC....................... ad No 321, 2002 rs No 365, 2003 r 202.440................................ ad No 365, 2003 am No 365, 2003; No 345, 2004; No 275, 2013 Subpart 202.FA Subpart 202.FA....................... ad No 321, 2002 rs No 345, 2004 Division 202.FA.1 Division 202.FA.1.................. ad F2016L00400 r 202.455................................ ad F2016L00400 r 202.460................................ ad No 345, 2004 rs F2016L00400 r 202.461................................ ad F2016L00400 r 202.462................................ ad F2016L00400 Subpart 202.FC Subpart 202.FC....................... ad No 321, 2002 Subpart 202.FE Subpart 202.FE....................... ad No 321, 2002 Subpart 202.FJ Subpart 202.FJ........................ ad No 321, 2002 Subpart 202.FL Subpart 202.FL....................... ad No 321, 2002 Subpart 202.FN Subpart 202.FN....................... ad No 321, 2002 Subpart 202.FO Subpart 202.FO....................... ad No 321, 2002 Subpart 202.FR Subpart 202.FR....................... ad No 321, 2002 rs No 247, 2015 Division 202.FR.1 Division 202.FR.1................... rep 20 Apr 2018 (r 202.603) r 202.600................................ ad No 247, 2015 rep 20 Apr 2018 (r 202.603) r 202.601................................ ad No 247, 2015 rep 20 Apr 2018 (r 202.603) r 202.602................................ ad No 247, 2015 rep 20 Apr 2018 (r 202.603) r 202.603................................ ad No 247, 2015 rep 20 Apr 2018 (r 202.603) Subpart 202.FT Subpart 202.FT....................... ad No 321, 2002 Subpart 202.FV Subpart 202.FV....................... ad No 321, 2002 Subpart 202.FW Subpart 202.FW...................... ad No 321, 2002 Subpart 202.FX Subpart 202.FX....................... ad No 321, 2002 Subpart 202.FY Subpart 202.FY....................... ad No 321, 2002 rs No 58, 2003 r 202.700................................ ad No 58, 2003 am No 345, 2004 r 202.701................................ ad No 58, 2003 rs No 345, 2004 r 202.702................................ ad No 58, 2003 am No 345, 2004 r 202.703................................ ad No 58, 2003 am No 345, 2004 r 202.704................................ ad No 58, 2003 am No 345, 2004 r 202.705................................ ad No 58, 2003 rs No 345, 2004 Subpart 202.FYH Subpart 202.FYH.................... ad No 75, 2003 r 202.710................................ ad No 75, 2003 am No 345, 2004 Subpart 202.GA Subpart 202.GA heading......... rs No 274, 2013 Subpart 202.GA...................... ad No 321, 2002 rs No 5, 2013 Division 202.GA.1 Division 202.GA.1 heading..... ad No 274, 2013 rs No 125, 2014 exp 31 Aug 2017 (r 202.729) Division 202.GA.1.................. exp 31 Aug 2017 (r 202.729) r 202.720................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.729) r 202.721................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.729) r 202.722................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.729) r 202.723................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.729) r 202.724................................ ad No 5, 2013 am No 125, 2014 exp 31 Aug 2017 (r 202.729) r 202.725................................ ad No 5, 2013 exp No 125, 2014 r 202.726................................ ad No 5, 2013 am No 125, 2014 exp 31 Aug 2017 (r 202.729) r 202.727................................ ad No 5, 2013 am No 125, 2014 exp 31 Aug 2017 (r 202.729) r 202.727A............................. ad No 125, 2014 exp 31 Aug 2017 (r 202.729) r 202.728................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.729) r 202.729................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.729) Subpart 202.GB Subpart 202.GB heading......... rs No 274, 2013 Subpart 202.GB...................... ad No 321, 2002 rs No 5, 2013 Division 202.GB.1 Division 202.GB.1 heading..... ad No 274, 2013 rs No 125, 2014 exp 31 Aug 2017 (r 202.752) Division 202.GB.1.................. exp 31 Aug 2017 (r 202.752) r 202.740................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.741................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.742................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.743................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.744................................ ad No 5, 2013 exp 31 Aug 2017 (r 202.752) r 202.745................................ ad No 5, 2013 exp 31 Aug 2017 (r 202.752) r 202.746................................ ad No 5, 2013 exp 31 Aug 2017 (r 202.752) r 202.747................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.748................................ ad No 5, 2013 exp 31 Aug 2017 (r 202.752) r 202.749................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.750................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.751................................ ad No 5, 2013 am No 274, 2013 exp 31 Aug 2017 (r 202.752) r 202.752................................ ad No 5, 2013 rs No 274, 2013 exp 31 Aug 2017 (r 202.752) Subpart 202.GC Subpart 202.GC heading......... rs No 345, 2004 Subpart 202.GC...................... ad No 321, 2002 rs No 75, 2003 r 202.760................................ ad No 75, 2003 am No 345, 2004 Subpart 202.GD Subpart 202.GD...................... ad No 321, 2002 Subpart 202.GE Subpart 202.GE...................... ad No 321, 2002 rs No 328, 2010 Division 202.GE.1 Division 202.GE.1 heading..... ad No 275, 2013 r 202.800................................ ad No 328, 2010 Division 202.GE.2 Division 202.GE.2.................. ad No 275, 2013 Subdivision 202.GE.2.1 r 202.801................................ ad No 275, 2013 r 202.802................................ ad No 275, 2013 r 202.803................................ ad No 275, 2013 r 202.804................................ ad No 275, 2013 Subdivision 202.GE.2.2 r 202.805................................ ad No 275, 2013 r 202.806................................ ad No 275, 2013 r 202.807................................ ad No 275, 2013 r 202.808................................ ad No 275, 2013 r 202.809................................ ad No 275, 2013 Subdivision 202.GE.2.3 r 202.810................................ ad No 275, 2013 Subpart 202.GF....................... ad No 321, 2002 rep No 328, 2010 Subpart 202.GG Subpart 202.GG...................... ad No 321, 2002 rs No 328, 2010 r 202.840................................ ad No 328, 2010 r 202.841................................ ad No 328, 2010 r 202.842................................ ad No 328, 2010 Subpart 202.GI Subpart 202.GI....................... ad No 321, 2002 Subpart 202.HA Subpart 202.HA...................... ad No 321, 2002 rs No 75, 2003 r 202.880................................ ad No 75, 2003 am No 345, 2004 Subpart 202.HB Subpart 202.HB heading......... rs No 345, 2004 Subpart 202.HB...................... ad No 321, 2002 rs No 75, 2003 r 202.900................................ ad No 75, 2003 am No 345, 2004 Subpart 202.HC Subpart 202.HC...................... ad No 321, 2002 Subpart 202.HD Subpart 202.HD...................... ad No 321, 2002 Subpart 202.HE Subpart 202.HE...................... ad No 135, 2014 Division 202.HE.1.................. rep 4 Mar 2016 (r 202.964(1)) r 202.960................................ ad No 135, 2014 exp (r 202.960(3)) rep 4 Mar 2016 (r 202.964(1)) r 202.961................................ ad No 135, 2014 rep 4 Mar 2016 (r 202.964(1)) r 202.962................................ ad No 135, 2014 rep 4 Mar 2016 (r 202.964(1)) r 202.963................................ ad No 135, 2014 exp (r 202.963(3)) rep 4 Mar 2016 (r 202.964(1)) r 202.964................................ ad No 135, 2014 rep 4 Mar 2016 (r 202.964(1)) Subpart 202.HJ....................... ad No 321, 2002 rep No 77, 2011 Subpart 202.HL Subpart 202.HL...................... ad No 321, 2002 Subpart 202.HM Subpart 202.HM..................... ad No 321, 2002 Dictionary Dictionary............................... am No 166, 1999; No 262, 1999; F2016L00400 Part 1 Part 1 heading......................... ad No 204, 2000 Part 1...................................... am No 204, 2000; No 227, 2000; No 34, 2001; No 242, 2001; No 349, 2001; No 167, 2002; No 268, 2002; No 321, 2002; No 350, 2002; No 58, 2003; No 189, 2003; No 232, 2003; No 240, 2003; No 365, 2003; No 134, 2004; No 222, 2004; No 230, 2004; No 345, 2004; No 321, 2005; No 323, 2005; No 172, 2007; No 192, 2008; No 274, 2008; No 64, 2009; No 147, 2009; No 277, 2010; No 328, 2010; No 76, 2011; No 77, 2011; No 265, 2011; No 107, 2012; No 5, 2013; No 80, 2013; No 188, 2013; No 274, 2013; No 125, 2014; No 135, 2014; No 166, 2014; No 245, 2015; No 247, 2015 Part 2 Part 2...................................... ad No 204, 2000 rs No 345, 2004 c 1........................................... ad No 204, 2000 rs No 345, 2004; No 328, 2010 c 3........................................... ad No 247, 2015 c 5........................................... ad No 204, 2000 rs No 345, 2004 c 10......................................... ad No 349, 2001 rs No 345, 2004 rep No 277, 2010 c 12......................................... ad No 230, 2004 rep No 345, 2004 c 15......................................... ad No 75, 2003 rs No 345, 2004 c 18......................................... ad No 328, 2010 am No 275, 2013 c 20......................................... ad No 345, 2004 rep No 77, 2011 c 25......................................... ad No 345, 2004 c 30......................................... ad No 345, 2004 rep No 274, 2013 c 35......................................... ad No 345, 2004 c 36......................................... ad No 5, 2013 c 37......................................... ad No 76, 2011 am No 274, 2013; No 166, 2014 c 40......................................... ad No 345, 2004 c 45......................................... ad No 345, 2004 rs No 147, 2009 c 50......................................... ad No 345, 2004 c 55......................................... ad No 345, 2004 c 60......................................... ad No 345, 2004 c 65......................................... ad No 345, 2004 Part 3 Part 3...................................... ad No 328, 2010 c 1........................................... ad No 328, 2010 am No 80, 2013; No 275, 2013; No 246, 2015 c 5........................................... ad No 328, 2010 c 10......................................... ad No 328, 2010 am No 76, 2011; No 245, 2015 c 15......................................... ad No 328, 2010 c 20......................................... ad No 328, 2010 am No 275, 2013 c 21......................................... ad No 275, 2013 c 25......................................... ad No 328, 2010 c 30......................................... ad No 328, 2010