Federal Register of Legislation - Australian Government

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R84/2004 Orders/Civil Aviation as made
Replacement of section 100.6 of the Civil Aviation Orders
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 02 Mar 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 23 Dec 2004
Date of repeal 19 Nov 2011
Repealed by Civil Aviation Order 100.6 Repeal Instrument 2011

 

 

 

 

Civil Aviation Amendment Order

(No. R84) 2004

 

 

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under regulations 35 and 36 of the Civil Aviation Regulations 1988.

 

 

 

[Signed Bruce Byron]

 

 

Bruce Byron

Director of Aviation Safety and

   Chief Executive Officer

 

12 December 2004

 

__________________

 

1         Name of Order

                     This Order is the Civil Aviation Amendment Order (No. R84) 2004.

2         Commencement

                     This Order commences on gazettal.

3         Replacement of section 100.6 of the Civil Aviation Orders

                     Section 100.6 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

 

Schedule 1        Substitution of section 100.6 of the Civil Aviation Orders

 

 

SECTION 100.6

 

ADMINISTRATION AND PROCEDURE — DESIGN APPROVAL OF MODIFICATIONS, REPAIRS AND REPLACEMENT COMPONENTS

1           APPLICATION

This section of the Civil Aviation Orders specifies the procedures to be followed and the means of establishing compliance with the requirements of regulations 35 and 36 of the Civil Aviation Regulations 1988 (CAR 1988) to obtain approval of:

              (a)  the design of a modification or repair of an aircraft or aircraft component; and

              (b)  an aircraft component as a replacement for another aircraft component.

2           DEFINITIONS

Unless the contrary intention appears, terms used in this section shall have the following meanings:

Contracting State means a country, other than Australia, that is a party to the Chicago Convention on International Civil Aviation.

authorised person means a person appointed by CASA for the purposes of regulation 35 or 36 of CAR 1988.

type data means drawings, specifications and other documents the combined effect of which is to describe the essential details of a type of aircraft or aircraft component and to provide essential information and limitations relating to its airworthiness, operation and maintenance.

equivalent safety determination means a determination by CASA that airworthiness provisions not complied with are compensated for by features that provide an equivalent level of safety.

3           APPLICATION FOR APPROVAL

3.1        Application for approval of the design of a modification or repair, or of the replacement of an aircraft component, shall be made either:

              (a)  to CASA by completing and submitting form DoT 2350 (in duplicate) through the Engineering Support section of CASA; or

              (b)  to an authorised person in the manner required by that authorised person.

3.2        An application to CASA in respect of a design, other than one covered by paragraph 3.3, shall be accompanied by:

              (a)  2 copies of such drawings, specifications and other data as are necessary to define the design or replacement; and

              (b)  1 copy of such engineering reports as are necessary to establish proof of compliance with the applicable design standards or such other data acceptable to CASA.

3.3        Where the design or the replacement has been the subject of an approval by a Contracting State (other than a Supplemental Type Certificate issued by or for the NAA of a recognised country), the application to CASA shall be accompanied by:

              (a)  a copy of each drawing, specification and other document which describes the design or replacement; and

              (b)  a copy of all documents and design data relative to the design or replacement as would be required by the relevant section of the Civil Aviation Orders Part 101 if the design or replacement had been embodied in an imported aircraft of the same type as that now specified.

Note 1: Where CASA finds that incorporation of a design or replacement will invalidate, or necessitate amendment of, any essential specifications or limitations (contained in operational and maintenance documents) of an affected aircraft or aircraft component, CASA will require the submission of suitably amended documentation as appropriate.

Note 2: Where the design or replacement is such as will necessitate a change or addition to the type data sheet or equivalent document for the subject aircraft or aircraft component but has not been the subject of an approval by a Contracting State, CASA will, if satisfied with the other evidence submitted as required by this section and with the conformity established with the relevant design standards, issue to the applicant, where the applicant is not the holder of the Certificate of Type Approval for the aircraft or component, a Supplemental Type Certificate in respect of the design or replacement.

Note 3: CASA may, for the purposes of design definition and future reference, issue a Supplemental Type Certificate for a design or replacement in conjunction with its approval of that design or replacement.

Note 4: When approving a design or replacement, CASA will stamp and sign the relevant drawings and other documents as appropriate, and return 1 copy of each to the applicant.

Note 5: When issuing a Supplemental Type Certificate, CASA may endorse the type data with the requirement that the flight manual and relevant maintenance documents of an aircraft in which the design or replacement is installed, shall be suitably amended upon that installation being made.

Note 6: An authorised person does not have an authority to issue a Supplemental Type Certificate or to make an equivalent safety determination.

4           DESIGN STANDARDS

4.1        A design of a modification or repair shall be such that the modified or repaired aircraft complies with either:

              (a)  the design standards that were applied to the aircraft by CASA when it was issued with its first Australian certificate of airworthiness plus such additional design standards (being relevant design standards current at the time of ‘Application for Approval’ of the design) in respect of the design as CASA considers necessary to ensure safe operations in accordance with CAR 1988 and the Civil Aviation Safety Regulations 1998 (CASR 1998); or

              (b)  the design standards appropriate to the aircraft that are contained in CASR 1998 current at the date of application for approval of the design.

4.2        The design of a modification or repair relating to an aircraft component shall, unless otherwise directed or approved by CASA, comply with either:

              (a)  the design standards which were applied to the aircraft component when it was approved; or

              (b)  the design standards appropriate to the aircraft component which are contained in CASR 1998 current at the date of application for approval of the design.

4.3        Unless otherwise directed by CASA, a replacement aircraft component shall conform with the design standards specified in paragraph 4.2 as if the aircraft component it is to replace were to be modified or repaired.

Note 1: Upon request, CASA will advise of the Australian certification basis for an aircraft, being the design standards that were applied to it when it was issued with its first Australian certificate of airworthiness.

Note 2: For the purposes of safety, CASA from time to time issues Airworthiness Directives under CASR 1998 which must be complied with over and above the requirements of the design standards.

Note 3: Where an applicant is unable to establish proof of compliance with a particular design standard or portion of a design standard, but is able to establish to the satisfaction of CASA that a design or replacement provides a level of safety at least equivalent to that implicit in the design standard or portion thereof, CASA may approve an application for an equivalent safety determination. Application for an equivalent safety determination should be accompanied by such information as is necessary to substantiate the application.

Note 4: An aircraft component may have been approved under:

                           (a)  a Certificate of Type Approval or by a letter of approval issued by CASA in respect of a type of component; or

                           (b)  a Type Certificate or U.S. Technical Standard Order; or

                           (c)  a component approval issued by the Airworthiness Authority of a Contracting State in respect of a type of aircraft component; or

                           (d)  the approval given by CASA to the aircraft type to which the component is fitted; or

                           (e)  an approval given by an authorised person.

5           PROOF OF COMPLIANCE

5.1        Unless it can be shown to the satisfaction of CASA or appropriate authorised person that an aircraft or aircraft component that may be affected by a design or replacement will continue to meet any relevant design requirements, compliance with those design requirements shall be re-established to the satisfaction of CASA or the authorised person.

Note: It is not intended that investigation of compliance with design standards need extend beyond the influence of the design or replacement immediately under consideration.

5.2        Unless it can be shown to the satisfaction of CASA or authorised person that the design of a modification or repair which involves primary structural components is not inferior to the original from a fatigue point of view, a fatigue substantiation shall be made and submitted to CASA.

Note: Primary structural components are those parts of the structure which contribute significantly to carrying flight, ground and pressurisation loads and whose failure could result in catastrophic failure of the aircraft.

5.3        Materials used in components which are subject to strength requirements shall comply with specifications acceptable to CASA or to an authorised person where the authorised person’s scope of approval so provides.

Note: Specifications acceptable to CASA include the following:

               (a)  United States of America Federal Specifications;

               (b)  United States of America Military Specifications;

               (c)  United States of America Society of Automotive Engineers Aerospace Material Specifications;

               (d)  British Standards Institution, British Standard Specifications (Aircraft Series);

               (e)  United Kingdom D.T.D. Specifications;

               (f)  Standards Association of Australia Aircraft Specifications;

               (g)  I.S.O. International Standards.

6           INSPECTION AND TEST

6.1        CASA may make, or require to be made in the presence of a representative authorised by CASA, such inspections and tests in relation to a design or replacement as CASA may consider necessary to establish compliance with the appropriate design standards and to satisfy CASA of the safety of the aircraft or aircraft component, as the case may be.

6.2        Before any of the inspections or tests referred to in paragraph 6.1 are made, the applicant shall verify to the satisfaction of CASA that the installation of the test article concerned complies with the relevant design as submitted for approval.

6.3        An applicant for CASA approval of a design shall advise CASA of his or her intentions to conduct any test that forms part of the applicant’s demonstration of compliance with design standards or is otherwise required under paragraph 6.1, and the applicant shall afford CASA’s representative the opportunity to witness the test.

6.4        Any costs incurred by the applicant in connection with the required inspections and tests shall be met by the applicant.

7           DESIGN ADVICE

7.1        A Design Advice shall be submitted to CASA by an authorised person in accordance with the conditions associated with their instrument of appointment.

7.2        A Design Advice may be submitted to CASA for the following purposes:

              (a)  to seek advice in regard to design standards, their interpretation or compliance proposals;

              (b)  to advise intentions for strength, functional or flight testing;

              (c)  to apply for a Type Certificate or Supplemental Type Certificate.