Federal Register of Legislation - Australian Government

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Part 132 Manual of Standards Instrument 2016

Authoritative Version
Standards/Other as made
This instrument sets out standards relating to the operation, certification and airworthiness of limited category aircraft. It sets out requirements that apply to limited category organisations when performing administrative functions set out in Part 132 of the Civil Aviation Safety Regulations 1998.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 15 Nov 2016
Tabling HistoryDate
Tabled HR21-Nov-2016
Tabled Senate21-Nov-2016

I, SHANE PATRICK CARMODY, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 132.040 of the Civil Aviation Safety Regulations 1998 and section 4 of the Acts Interpretation Act 1901.

[Signed S. Carmody]

Shane Carmody
Acting Director of Aviation Safety

11 November 2016

Part A — Preliminary

1          Name of instrument

        (1)     This instrument is the Part 132 Manual of Standards for Part 132 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

        (2)     This instrument is the Part 132 Manual of Standards Instrument 2016.

        (3)     In this instrument, unless the contrary intention appears, a reference to “this MOS” or “the MOS” means the Part 132 Manual of Standards Instrument 2016.

2          Commencement

                 This instrument commences immediately after the commencement of Part 132 of CASR 1998.

Note   Part 132 of CASR 1998 is being made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016.

3          Scope

                 Under regulation 132.040 of CASR 1998, and for Part 132 of CASR 1998, this MOS sets out matters relating to:

(a)   the operations that are prescribed as authorised operations for limited category aircraft; and

(b)   the areas which are unsuitable for landing for a limited category aircraft that has a permit index number of 1 and for which a written approval has not been given under regulation 132.035 of CASR 1998; and

(c)   the qualifications and experience requirements for an individual to be authorised by a limited category organisation; and

(d)   the requirements for the giving of an approval, certificate or advice for the purposes of Part 132 of CASR 1998; and

(e)   the requirements for the assignment of a permit index number to a limited category aircraft; and

(f)    the prescription of historic aircraft.

4          Definitions

        (1)     In this MOS, unless a contrary intention appears, words and phrases have the same meaning as provided in Part 132 of CASR 1998 and in the Dictionary to CASR 1998.

        (2)     In this MOS:

design philosophy 1 for an aircraft means:

(a)   an aircraft that meets civil airworthiness design standards in any of the normal, commuter, utility or transport categories; or

(b)   an ex-armed forces aircraft with a piston engine that was used in an armed force only for pilot training; or

(c)   an ex-armed forces aircraft that was used in an armed force only to transport persons or cargo.

Note   Examples of aircraft that would satisfy design philosophy 1 include: Boeing Stearman; North American T-28 Trojan; Ryan STM; Beagle-Auster Bulldog; Auster AOP.9; Cessna Bird Dog; and North American P‑51 Mustang.

design philosophy 2 for an aircraft means an aircraft that does not meet civil airworthiness design standards and has special design features associated with military operations of bombing, ground attack or air combat. 

Note   Examples of aircraft with special design features that would satisfy design philosophy 2 include: Cessna A 37 (ejection seats, bomb racks, minigun); De Havilland Venom (plywood/balsa/aluminium construction, turbine powered); and Fairey Gannet (folding wings and contra-rotating propellers).

design philosophy 3 for an aircraft means:

(a)   an aircraft that does not meet civil airworthiness design standards and was designed for special military requirements which required compromises in matters of structure integrity, performance or reliability in order to achieve military objectives; or

(b)   any other aircraft that does not meet design philosophy 1 or design philosophy 2.

Note 1   For paragraph (a), an example of a special military requirement would be high speed and high altitude reconnaissance operations with compromises in engine reliability and aircraft handling characteristics.

Note 2   Examples of aircraft that would satisfy design philosophy 3 include: Lockheed Starfighter; General Dynamics F-111; and English Electric Lightning.

maintenance level 1 means a maintenance philosophy where the aircraft’s maintenance program is:

(a)   substantially based on a manufacturer’s maintenance program that has been approved for an equivalent civil aircraft; or

(b)   the program used by the military user or manufacturer of the aircraft; or

(c)   a system of maintenance approved by the administering authority.

maintenance level 2 means a maintenance philosophy for an aircraft that is not maintenance to maintenance level 1.

relevant engineering discipline means an engineering discipline that is described in a limited category organisation’s approved manual as a mandatory qualification prerequisite for an individual to be authorised by the limited category organisation to issue approvals, certificates or advice mentioned in subregulation 132.180 (4) of CASR 1998.

relevant limited category organisation means an organisation that is approved under regulation 262AN of the Civil Aviation Regulations 1988 to perform functions in relation to limited category aircraft.

Part B — General requirements

Operational requirement — display of placard

                 For paragraph 132.050 (2) (e) of CASR 1998, the following text is prescribed to be displayed in a placard on a limited category aircraft:

Warning:

Persons fly in this aircraft at their own risk.

This aircraft was not designed for air transport operations and is not required to be operated to the same safety standards as an aircraft used for air transport operations.

Authorised operations for limited category aircraft

                 For paragraph 132.055 (1) (h) of CASR 1998, this section is reserved for future use.

7   Flights over populous areas

                 For paragraph 132.075 (4) (b) of CASR 1998, the following aerodromes are prescribed to be unsuitable landing areas:

(a)   Adelaide aerodrome (YPAD);

(b)   Archerfield aerodrome (YBAF);

(c)   Bankstown aerodrome (YSBK);

(d)   Brisbane (Eagle Farm) aerodrome (YBBN);

(e)   Cairns aerodrome (YBCS);

(f)    Essendon aerodrome (YMEN);

(g)   Gold Coast aerodrome (YBCG);

(h)   Jandakot aerodrome (YPJT);

(i)    Melbourne (Tullamarine) aerodrome (YMML);

(j)    Moorabbin aerodrome (YMMB);

(k)   Parafield aerodrome (YPPF);

(l)    Perth aerodrome (YPPH);

(m)  Sydney (Kingsford Smith) aerodrome (YSSY);

(n)   Toowoomba aerodrome (YTWB).

Part C — Qualification and experience requirements

8          Authorised individuals — qualification and experience requirements

                 Part C of this MOS prescribes the qualifications and experience requirements for an individual before a limited category organisation may issue an authorisation to the individual to issue approvals, certificates or advice of a kind referred to in subregulation 132.180 (4) of CASR 1998.

9          Requirements to issue a limited category certificate under regulation 21.189 of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to issue limited category certificates in accordance with regulation 21.189 of CASR 1998, are prescribed:

(a)   the qualification requirements are successful completion of a certificate of airworthiness training course which has been approved by CASA, in writing, for the purposes of this provision and which is conducted by CASA or a person approved by CASA;

(b)   the experience requirements are at least 5 years of experience in:

             (i)  aircraft maintenance; or

            (ii)  continuing airworthiness management; or

           (iii)  the design of aircraft; or

           (iv)  any combination of subparagraphs (i), (ii) and (iii).

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a) and (b) if the individual holds, or has previously held, any of the following authorisations issued by CASA:

(a)   an instrument of appointment issued by CASA that authorises the person to issue certificates of airworthiness;

(b)   an instrument delegating the person with CASA’s powers to issue certificates of airworthiness.

10        Requirements to approve modifications or repairs under regulation 132.030 of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to approve a modification or repair to a limited category aircraft in accordance with regulation 132.030 of CASR 1998, are prescribed:

(a)   the qualification requirements are a tertiary qualification in a relevant engineering discipline;

(b)   the experience requirements are:

             (i)  at least 8 years of experience in a relevant engineering discipline, including at least 12 months working in a civil aviation environment; and

            (ii)  experience in certification processes for the design of aircraft or the modification and repair of aircraft.

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a) and (b) if the individual holds, or has previously held, any of the following authorisations issued by CASA in a relevant engineering discipline:

(a)   an approval under Subpart 21.J of CASR 1998;

(b)   an instrument of appointment authorising the person to approve design changes of aircraft;

(c)   an instrument delegating the person with CASA’s powers to approve design changes of aircraft.

11        Requirements to give a certificate for operation of a modified or repaired aircraft for adventure flights under regulation 132.105 of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to give a certificate to the effect that a modified or repaired aircraft may be operated for an adventure flight subject to limitations (however described) under subregulation 132.105 (3) of CASR 1998, are prescribed:

(a)   the qualification requirements are a tertiary qualification in a relevant engineering discipline;

(b)   the experience requirements are:

             (i)  at least 8 years of experience in a relevant engineering discipline, including at least 12 months working in a civil aviation environment; and

            (ii)  experience in certification processes for the design of aircraft or the modification and repair of aircraft.

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a) and (b) if the individual holds, or has previously held, any of the following authorisations issued by CASA:

(a)   an approval under Subpart 21.J of CASR 1998; or

(b)   an instrument of appointment authorising the person to approve design changes of aircraft; or

(c)   an instrument delegating the person with CASA’s powers to approve design changes of aircraft.

12        Requirements to give a certificate stating an airframe life for an aircraft airframe under paragraph 132.180 (4) (d) of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to give a certificate stating the airframe life for an aircraft airframe under paragraph 132.180 (4) (d) of CASR 1998, are prescribed:

(a)   the qualification requirements are a tertiary qualification in a relevant engineering discipline;

(b)   the experience requirements are:

             (i)  at least 8 years of experience in a relevant engineering discipline, including at least 12 months working in a civil aviation environment; and

            (ii)  experience in certification processes for the design of aircraft structures;

(c)   the joint qualification and experience requirements are:

             (i)  completion of a training course in ageing aircraft and aircraft structural analysis; or

            (ii)  an adequate combination of knowledge and experience, to the satisfaction of the limited category organisation, that the individual can competently assess airframe life for an aircraft airframe.

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a), (b) and (c) if the individual holds, or has previously held, any of the following authorisations issued by CASA:

(a)   an approval under Subpart 21.J of CASR 1998;

(b)   an instrument of appointment authorising the person to approve design changes of aircraft;

(c)   an instrument delegating the person with CASA’s powers to approve design changes of aircraft.

13        Requirements to give advice about damage or defects under regulation 132.175 of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to give advice, under paragraphs 132.175 (1) (b) and (c) of CASR 1998, on whether damage or a defect to a limited category aircraft is major damage or a major defect, are prescribed:

(a)   the qualification requirements are any of the following:

             (i)  the individual holds, or has previously held, an aircraft maintenance engineer licence issued under Part 66 of CASR 1998 (or foreign or military equivalent) in the relevant category;

            (ii)  the individual holds, or has previously held, an airworthiness authority to carry out maintenance on aircraft with relevant privileges as assessed by the limited category organisation in accordance with its approved manual;

           (iii)  a qualification at least at a diploma level in a relevant engineering discipline;

(b)   the experience requirements are at least 5 years of experience in aircraft maintenance, continuing airworthiness management or the design of aircraft.

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a) and (b) if the individual holds, or has previously held, any of the following authorisations issued by CASA:

(a)   an approval under Subpart 21.J of CASR 1998;

(b)   an instrument of appointment authorising the person to approve design changes of aircraft;

(c)   an instrument delegating the person with CASA’s powers to approve design changes of aircraft.

14        Requirements to give advice about modifications, repairs or safety‑critical aeronautical products under regulation 132.175 of CASR 1998

        (1)     For subregulation 132.185 (2) of CASR 1998, the following qualifications and experience, which must be held by an individual before a limited category organisation may issue an authorisation to the individual to give advice, under paragraphs 132.175 (1) (a) and (d) of CASR 1998, on modifications, repairs or safety-critical aeronautical products, are prescribed:

(a)   the qualification requirements are a tertiary qualification in a relevant engineering discipline;

(b)   the experience requirements are:

             (i)  at least 8 years of experience in a relevant engineering discipline, including at least 12 months working in a civil aviation environment; and

            (ii)  experience in certification processes for the design of aircraft or the modification and repair of aircraft.

        (2)     An individual is taken to meet the requirements of paragraphs (1) (a) and (b) if the individual holds, or has previously held, any of the following authorisations issued by CASA:

(a)   an approval under Subpart 21.J of CASR 1998;

(b)   an instrument of appointment authorising the person to approve design changes of aircraft;

(c)   an instrument delegating the person with CASA’s powers to approve design changes of aircraft.

15        Recognition of prior learning

        (1)     Notwithstanding the requirements specified in sections 9 to 14 for an individual to issue a particular approval, certificate or advice, if a limited category organisation has documented procedures that have been approved by CASA for recognition of prior learning (RPL procedures) — an individual is taken to have met the qualification and experience requirements prescribed for that approval, certificate or advice if the requirements of subsection (2) are met.

        (2)     The requirements are that the individual has been assessed in accordance with the limited category organisation’s RPL procedures as having a combination of engineering qualifications, training and experience that are equivalent to the requirements prescribed for the particular approval, certificate or advice.

Part D — Certification and airworthiness requirements

16        Requirements for giving approvals, certificates and advice — limited category organisations

                 For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for the giving of an approval, certificate or advice are prescribed:

(a)   the limited category organisation must have documented procedures, approved by CASA under regulation 262AN of the Civil Aviation Regulations 1988, that:

             (i)  identify each approval, certificate or advice the organisation is authorised to give; and

            (ii)  describe the process that the organisation must comply with in order to give an approval, certificate or advice;

(b)   the limited category organisation must ensure that approvals, certificates and advice are only given by an individual who:

             (i)  has been authorised, in writing, by the limited category organisation to give that kind of approval, certificate or advice; and

            (ii)  meets the qualification and experience requirements for that kind of approval, certificate or advice.

17        Requirements for giving a special certificate of airworthiness under regulation 21.189 of CASR 1998

                 For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for the giving of a special certificate of airworthiness under regulation 21.189 of CASR 1998 are prescribed:

(a)   the limited category organisation must ensure the limited category aircraft complies with either:

             (i)  subparagraph 21.189 (1) (a) (i) of CASR 1998; or

            (ii)  subparagraph 21.189 (1) (a) (ii) of CASR 1998;

(b)   for limited category aircraft qualifying under subparagraph 21.189 (1) (a) (i), if the aircraft does not meet any airworthiness requirements for the issue of a standard certificate of airworthiness, the limited category organisation must have written procedures approved by CASA which it is to use to determine:

             (i)  whether the airworthiness requirement would be inappropriate for the relevant special purpose operation and, if so, why; and

            (ii)  whether the aircraft can reasonably be expected to be safe when it is carrying out the special purpose operation; and

           (iii)  any limitations that must be applied in order that the aircraft can reasonably be expected to be safe when it is carrying out the special purpose operation;

(c)   for limited category aircraft qualifying under subparagraph 21.189 (1) (a) (ii), the limited category organisation must have written procedures approved by CASA that cover:

             (i)  assessment of the applicant’s demonstration that the aircraft has a satisfactory history of operation in relation to the special purpose operation for which the aircraft is to be used; and

            (ii)  determining whether the aircraft can reasonably be expected to be safe when it is carrying out those special purpose operations; and

           (iii)  determining any limitations that must be applied in order that the aircraft can reasonably be expected to be safe when it is carrying out those special purpose operations;

(d)   the limited category organisation must have written procedures approved by CASA for conducting inspections and flight checks of a limited category aircraft to determine whether the aircraft is in a good state of preservation and repair and whether the aircraft is in a condition for safe operation. The procedures must:

             (i)  enable the organisation to determine when an inspection or flight check is required; and

            (ii)  enable the organisation to determine the specific inspections and flight checks that are required;

(e)   the limited category organisation must give the certificate of airworthiness to the applicant, in writing, on the form approved by CASA for the purpose;

(f)    the limited category organisation must keep a copy of the certificate of airworthiness and the assessment of the application.

18        Procedures for giving an approval mentioned in regulation 132.030 of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for the giving of an approval mentioned in regulation 132.030 of CASR 1998 are prescribed:

(a)   the limited category organisation must have written procedures, approved by CASA, that will ensure that an approval is not given under regulation 132.030 of CASR 1998 if the giving of such an approval would:

             (i)  result in an unsafe condition for a limited category aircraft; or

            (ii)  introduce an unsafe feature or characteristic into a limited category aircraft;

(b)   a modification or repair must not be approved if the modification or repair would have a significant adverse effect on any of the weight, balance, structural strength, reliability, performance, operational characteristics or other characteristics affecting the airworthiness of the limited category aircraft;

(c)   the limited category organisation must obtain the following information before granting any approval:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the limited category aircraft;

           (iii)  a detailed description of the proposed modification or repair;

(d)   an individual, who has been authorised by the limited category organisation to approve modifications and repairs under regulation 132.030 of CASR 1998, must assess the proposed modification or repair;

(e)   if the approval is for a major modification or repair for an aircraft that is permitted to carry out adventure flights, the approval must be checked by another independent individual who meets the competency criteria set by the limited category organisation for independent checking;

(f)    the approval must be provided to the applicant in writing;

(g)   the approval must include the following:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  a description of the modification or repair;

           (iv)  the regulation under which the approval is being given;

            (v)  whether the modified/repaired aircraft may be used to carry out adventure flights;

           (vi)  any conditions associated with the approval;

          (vii)  any instructions for continued airworthiness in respect of the modification or repair that are necessary to ensure that the modified or repaired aircraft remains safe throughout its lifetime;

         (viii)  the name of the individual who issued the approval;

           (ix)  the signature of the individual who issued the approval;

            (x)  the name of the limited category organisation under whose authority the individual issued the approval;

           (xi)  the regulation under which the approval was issued;

          (xii)  the date on which the approval was issued.

        (2)     For paragraph (1) (b), an adverse effect is assessed in relation to:

(a)   the airworthiness standards (if any) that applied in relation to the issue of the aircraft’s limited category certificate and the airworthiness standards (if any) that applied in relation to the approval of any associated modifications or repairs; or

(b)   a system safety assessment carried out in accordance with a standard for assessing systems safety that is published by a recognised civil or military standards authority.

Note   Refer to CASA guidance on system safety standards.

        (3)     For paragraphs (1) (d) and (f), the limited category organisation must keep a copy of the approval and the assessment of the application.

19        Procedures for giving a certificate mentioned in subregulation 132.105 (3) of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for the giving of a certificate mentioned in subregulation 132.105 (3) of CASR 1998 are prescribed:

(a)   the limited category organisation must have written procedures approved by CASA that explain how the organisation will determine whether a limited category aircraft that has a major modification or repair meets an adequate level of safety to be operated for an adventure flight;

(b)   for an aircraft that is permitted to carry out adventure flights in its unmodified condition — the aircraft may not be operated for an adventure flight if the modification or repair has a significant adverse effect on any of the weight, balance, structural strength, reliability, performance, operational characteristics or other characteristics affecting the airworthiness of the aircraft;

(c)   for an aircraft that is not permitted to carry out adventure flights in its unmodified condition — the aircraft may not be operated for an adventure flight unless the modification is demonstrated to have improved the safety of the aircraft to an adequate level for adventure flights;

(d)   an individual who has been authorised by the limited category organisation to grant certificates under regulation 132.105 of CASR 1998 must assess the modification or repair;

(e)   the certificate must be provided to the applicant in writing;

(f)    the certificate must include the following:

             (i)  the make, model and registration of the aircraft;

            (ii)  a description or identification of the modification or repair;

           (iii)  the approval to carry out adventure flights;

           (iv)  any limitations associated with the approval;

            (v)  the name of the individual who issued the certificate;

           (vi)  the signature of the individual who issued the certificate;

          (vii)  the name of the limited category organisation under whose authority the individual issued the certificate;

         (viii)  the provision under which the certificate was issued;

           (ix)  the date on which the certificate was issued.

        (2)     For paragraph (1) (a), the procedures must include consideration of the following:

(a)   whether the modification or repair approval permits the aircraft to be used to carry out adventure flights;

(b)   for an aircraft that is to be used to carry out adventure flights — whether the approval was issued by any of the following:

             (i)  the aircraft’s manufacturer;

            (ii)  an approved design organisation;

           (iii)  CASA;

           (iv)  the national aviation authority of a foreign country under a law of the foreign country;

(c)   whether the unmodified aircraft is permitted to carry out adventure flights;

(d)   whether the modification or repair has an adverse effect on the balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of the aircraft.

        (3)     For paragraph (1) (b), an adverse effect is assessed in relation to:

(a)   the airworthiness standards (if any) that applied in relation to the issue of the aircraft’s limited category certificate, and the airworthiness standards (if any) that applied in relation to the approval of any associated modifications or repairs; or

(b)   a system safety assessment carried out in accordance with a standard for assessing systems safety that is published by a recognised civil or military standards authority.

        (4)     For paragraph (1) (c), the demonstration must include:

(a)   documented engineering and system safety analysis of the design of the modification; and

(b)   documented quantitative flight test data from the engineering inspection associated with the flight test.

        (5)     For paragraphs (1) (d) and (e), the limited category organisation must keep a copy of the certificate and the associated assessment.

20        Procedures for giving advice about modifications or repairs under regulation 132.175 of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for giving advice about modifications or repairs under paragraph 132.175 (1) (a) of CASR 1998 are prescribed:

(a)   the limited category organisation must have documented procedures to determine whether a modification or repair to a limited category aircraft is a major modification or repair;

(b)   the limited category organisation must obtain the following information:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  a detailed description of the modification or repair;

(c)   an individual who has been authorised by the limited category organisation to provide the advice under regulation 132.175 of CASR 1998 must:

             (i)  decide whether the modification or repair is a major modification or repair; and

            (ii)  document reasons for the decision;

(d)   the advice must be provided to the applicant in writing;

(e)   the advice must include the following:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  a description of the modification or repair;

           (iv)  the regulation under which the advice is being given;

            (v)  the name of the individual who issued the advice;

           (vi)  the signature of the individual who issued the advice;

          (vii)  the name of the limited category organisation under whose authority the individual issued the advice;

         (viii)  the provision under which the advice was issued;

           (ix)  the date on which the advice was issued.

        (2)     For paragraph (1) (a), a modification or repair is a major modification or repair if it has a significant effect on any of the weight, balance, structural strength, reliability, operational characteristics or other characteristics affecting the airworthiness of the aircraft.

        (3)     For paragraph (1) (a), the procedures must include consideration of the following:

(a)   the airworthiness standards (if any) that applied for the issue of the aircraft’s limited category certificate;

(b)   if the aircraft has another modification or repair that is affected by the modification or repair, the airworthiness standards (if any) that applied for the approval of the other modification or repair.

        (4)     For paragraphs (1) (c) and (d), the limited category organisation must keep a copy of the advice and the reasons for the decision.

21        Procedures for giving advice about damage or defects under regulation 132.175 of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for giving advice about damage or defects under paragraphs 132.175 (1) (b) and (c) of CASR 1998 are prescribed:

(a)   the limited category organisation must have documented procedures to determine whether damage or a defect to a limited category aircraft may affect the safety of the aircraft or cause the aircraft to become a danger to people or property;

(b)   the limited category organisation must obtain the following information:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  a detailed description of the damage or defect;

(c)   an individual who has been authorised by the limited category organisation to provide the advice under regulation 132.170 of CASR 1998 must:

             (i)  decide whether the damage or defect may affect the safety of the aircraft or cause the aircraft to become a danger to people or property; and

            (ii)  document reasons for the decision;

(d)   the advice must be provided to the applicant in writing;

(e)   the advice must include the following:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  a description of the damage or defect;

           (iv)  whether:

(A)  a modification or repair is a major modification or repair; and

(B)   damage is major damage; and

(C)   a defect is a major defect; and

(D)  a life-limited aeronautical product for the aircraft is a safety-critical aeronautical product for the aircraft;

            (v)  the name of the individual who issued the advice;

           (vi)  the signature of the individual who issued the advice;

          (vii)  the name of the limited category organisation under whose authority the individual issued the advice;

         (viii)  the provision under which the advice was issued;

           (ix)  the date on which the advice was issued.

        (2)     For paragraph (1) (a), the procedures must include consideration of the following:

(a)   the airworthiness standards (if any) that applied for the issue of the aircraft’s limited category certificate;

(b)   if the aircraft has a modification or repair that is affected by the damage or defect, the airworthiness standards (if any) that applied for the approval of the modification or repair;

(c)   whether the damage or defect has a significant adverse effect on the weight, balance, structural strength, reliability, performance, operational characteristics or other characteristics affecting the airworthiness of the aircraft.

        (3)     For paragraphs (1) (c) and (d), the limited category organisation must keep a copy of the advice and the reasons for the decision.

22        Procedures for giving advice about safety-critical aeronautical products under regulation 132.175 of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for giving advice about safety-critical aeronautical products under paragraph 132.175 (1) (d) of CASR 1998 are prescribed:

(a)   the limited category organisation must have documented procedures to determine whether an aeronautical product is a safety-critical aeronautical product;

(b)   the limited category organisation must obtain the following information:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  the details of the aeronautical product and its function in the aircraft;

(c)   an individual who has been authorised by the limited category organisation to provide the advice under regulation 132.175 of CASR 1998 must:

             (i)  decide whether the aeronautical product is a safety-critical aeronautical product; and

            (ii)  document reasons for the decision;

(d)   the advice must be provided to the applicant in writing;

(e)   the advice must include the following:

             (i)  the name of the applicant or registered operator;

            (ii)  the make, model and registration of the aircraft;

           (iii)  the details of the aeronautical product;

           (iv)  whether the aeronautical product is a safety-critical aeronautical product for the aircraft;

            (v)  the name of the individual who issued the advice;

           (vi)  the signature of the individual who issued the advice;

          (vii)  the name of the limited category organisation under whose authority the individual issued the advice;

         (viii)  the provision under which the advice was issued;

           (ix)  the date on which the advice was issued.

        (2)     For paragraph (1) (a), the procedures must ensure that the aeronautical product is determined in accordance with:

(a)   the airworthiness standards (if any) that applied in relation to the issue of the aircraft’s limited category certificate, and the airworthiness standards (if any) that applied in relation to the approval of any associated modifications or repairs; or

(b)   a system safety assessment carried out in accordance with a standard for assessing systems safety that is published by a recognised civil or military standards authority.

        (3)     For paragraphs (1) (c) and (d), the limited category organisation must keep a copy of the advice and the reasons for the decision.

23        Procedures for giving a certificate stating airframe life for an aircraft under paragraph 132.180 (4) (d) of CASR 1998

        (1)     For paragraph 132.190 (2) (b) of CASR 1998, the following requirements for the giving of a certificate stating airframe life mentioned in paragraph 132.180 (4) (d) of CASR 1998 are prescribed:

(a)   the limited category organisation must have documented procedures that enable the organisation to ensure that the issue of a certificate stating an approved airframe life for an aircraft maintains an adequate level of safety;

(b)   an approval must be issued with instructions for continued airworthiness that are necessary to ensure that the limited category aircraft remains safe throughout the period of the approval;

(c)   an individual who has been authorised by the limited category organisation to issue certificates stating an airframe life for a limited category aircraft must carry out an assessment for each aircraft;

(d)   the certificate must be provided to the applicant in writing;

(e)   the certificate must include the following:

             (i)  the make, model and registration of the aircraft;

            (ii)  the approved airframe life;

           (iii)  whether the aircraft may be used to carry out adventure flights;

           (iv)  any limitations associated with the approval;

            (v)  the name of the individual who issued the certificate;

           (vi)  the signature of the individual who issued the certificate;

          (vii)  the name of the limited category organisation under whose authority the individual issued the certificate;

         (viii)  the provision under which the certificate was issued;

           (ix)  the date on which the certificate was issued.

        (2)     For paragraph (1) (a), the procedures must include the following:

(a)   consideration of the existing approved airframe life and the factors and assumptions on which it is based;

(b)   consideration of the intended future operations of the aircraft;

(c)   consideration of the operational and airworthiness history of the aircraft;

(d)   consideration of the service history of:

             (i)  other aircraft of the same type and model; and

            (ii)  other aircraft and structures of similar design;

(e)   an assessment of inspection program findings;

(f)    an assessment of the structure of the aircraft.

        (3)     For paragraphs (1) (c) and (d), the limited category organisation must keep a copy of the certificate and the associated assessment.

Part E — Issuing permit index numbers

24        Limited category aircraft — assignment of permit index numbers

        (1)     For paragraph 132.195 (1) (a) of CASR 1998, the following requirements for the assignment of a permit index number are prescribed:

(a)   CASA, or a relevant limited category organisation, must assign a permit index number for a limited category aircraft by performing each of the following tasks:

             (i)  assess the aircraft against each risk category specified in column 1 of Table 1, by finding the associated risk element in column 2 of Table 1, which most closely describes that aspect of the aircraft being assessed. If an aircraft falls between 2 risk elements in any category, use the lower scoring element;

            (ii)  select only 1 risk element in column 2 of Table 1 from each risk category in column 1 of Table 1;

           (iii)  as each category and element is assessed, add the adjacent points score in column 3 of Table 1 to the aircraft score in column 4 of Table 1;

           (iv)  when all risk categories and elements have been scored and a final total has been tallied, use the aircraft’s total risk element score as determined under Table 1, to locate the applicable risk element score range in column 1 of Table 2;

            (v)  subject to paragraph (b), assign the corresponding permit index number in column 2 of Table 2;

(b)   if an aircraft’s risk element score range as determined under Table 1 is within 5 points or less of the next lowest risk element score range shown in column 1 of Table 2 (the lower risk score) then the aircraft may be reassessed for a permit index number corresponding with the lower risk score if:

             (i)  a written safety case is supplied which demonstrates how additional safety mitigations will be applied to the operation of the aircraft; and

            (ii)  the safety case demonstrates how those mitigations will adequately manage risk to ensure a level of public safety that is commensurate to the lower permit index number being sought; and

           (iii)  the safety case is acceptable to CASA or the relevant limited category organisation.

Note   For example, an aircraft’s points score of 37 would be assigned a permit index number of 2, but may be upgraded to a permit index number of 1 if an acceptable safety case has been provided.

        (2)     For subparagraph (1) (b) (ii), a safety case may demonstrate the effectiveness of proposed risk mitigations by means that include, but are not limited to, the provision of maps showing tracks and altitudes to be flown and evidence of emergency landing areas that can be accessed at any stage of the flight without placing public safety at risk.

        (3)     For subparagraph (1) (b) (iii), a safety case must not be regarded as acceptable if it does nothing more than restate or alter risk factors which were assessed in determining the aircraft’s total risk element score under Table 1.


Table 1 — Risk categories and elements worksheet

Risk Category

(Column 1)

Risk element

(Column 2)

Points

(Column 3)

Total

(Column 4)

Certification basis

Direct civil certificated equivalent aircraft

60

 

Partial civil certificated equivalent – Engine or as determined by the limited category organisation in accordance with an assessment procedure in the limited category organisation’s exposition that has been approved by CASA.

30

 

No civil certification

0

 

Approved MTOW or MOW

Up to – 2 000 kg

10

 

2 001 – 4 000 kg

6

 

4 001 – 5 700 kg

4

 

5 701 – 10 000 kg

0

 

Greater than 10 000 kg

-30

 

Multi-engine aircraft

Aircraft that can continue to climb to a safe altitude while avoiding obstacles in the event of a single engine failure after take-off

130

 

Aircraft that cannot safely continue to climb away in the event of a single engine failure after take-off

-20

 

Stall speed (or helicopter autorotation speed) at MOW

 

Subtract 1 point for each 2 kts CAS increase in stall speed between 30 kts and 100 kts. Above 100 kts CAS, subtract 1 point per 1 kt increase.

Vso Less than 61 kts Indicated air speed (IAS)

30

 

Vso 61 to 80 kts IAS

29 – 20

 

Vso 81 to 100 kts IAS

19 – 10

 

Vso 101 -120 kts IAS

9 – 0

 

Vso greater than 120 kts IAS

-20

 

Glide capability

High (Lift to drag ratio (L/D) greater than 14:1)

10

 

Medium (L/D 6:1 to 14:1)

6

 

Low (L/D less than 6:1)

4

 

Not known

0

 

Helicopters

0

 

Fatigue history

History not known

-130

 

Airframe life exceeded

-130

 

Not applicable or airframe life within limits

0

 

Maintenance history and documentation

Full history and maintenance records

10

 

Aircraft restored and documented to the satisfaction of the limited category organisation

5 – 10

 

Partial documentation

0 – 5

 

No records or data

-80

 

Life-limited safety-critical components time expired

-130

 

Maintenance philosophy

Maintenance level 1

0

 

Maintenance level 2

-100

 

Repairs and modifications

Major repairs and modifications approved in accordance with regulation 132.030 of CASR 1998

0

 

Major repairs and modifications not approved in accordance with regulation 132.030 of CASR 1998

-130

 

Engine type and configuration

Turbocharged piston engines

-5

 

Turbo compound (piston) engines

-5

 

Non-turbocharged piston engines

0

 

Turbo-prop, turbo-shaft

10

 

Turbo fan

10

 

Turbojet

2

 

Design philosophy

Design philosophy 1

0

 

Design philosophy 2

-10

 

Design philosophy 3

-30

 

Fuel type

Turbine/diesel

3

 

Avgas/mogas

0

 

Fuel tankage

Internal only

0

 

External-fixed (if usable)

-10

 

External jettisonable

-130

 

Fuel capacity

Less than 250 litres

0

 

250 to 500 litres

-2

 

501 to 1 000 litres

-4

 

More than 1 000 litres

-5

 

On-board explosives

Ejection seats

-2

 

Explosive bolts

-2

 

Flammable gas containers (LPG/Propane)

-2

 

Rocket deployed parachute/BRS

-2

 

Smoke generator

-1

 

Oxygen cylinders (if operational)

-2

 

Detonator cord or other canopy jettison explosive

-2

 

Total risk element score

 


Table 2 — Permit index assignment

Risk element score

(Column 1)

Permit Index

(Column 2)

Comments

(Column 3)

100

 

 

 


76

0

 

71 to 75

1

May be upgraded to 0 with approved safety case

70

 

 

 


41

No upgrading permitted

36 to 40

2

May be upgraded to 1 with approved safety case

35

 

 

 


01

No upgrading permitted

0 to -5

3

May be upgraded to 2 with approved safety case

-6

 

 

 


-100

No upgrading permitted

Part F — Historic aircraft

25        Prescription of historic aircraft

                 For the definition of historic aircraft in paragraph 132.010 (d) of CASR 1998, the Yakovlev Yak-18T is a prescribed aircraft.