Federal Register of Legislation - Australian Government

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CASA EX32/22 Exemptions as made
This instrument allows operators of certain Cessna aircraft, persons carrying out maintenance on those aircraft, and persons with responsibility for certifying the completion of the maintenance, to not comply with provisions of the Civil Aviation Regulations 1988 requiring the aircraft to be maintained in accordance with supplemental instructions issued by Cessna Aircraft Company.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 03 May 2022
To be repealed 31 Mar 2025
Repealed by Self Repealing

Instrument number CASA EX32/22

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

30 April 2022

CASA EX32/22 — Cessna Aircraft (Cessna Supplemental Inspection Documents Requirements) Exemption 2022

1          Name

                 This instrument is CASA EX32/22 — Cessna Aircraft (Cessna Supplemental Inspection Documents Requirements) Exemption 2022.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 March 2025.

3          Repeal

                 Instrument CASA EX67/21 — Cessna Aircraft (Cessna Supplemental Inspection Documents Requirements) Exemption 2021 is repealed.

4          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aerial work certificate, air transport operation, carrying out maintenance, limited category aircraft, maintenance data, private operation, type certificated.

                 In this instrument:

aerial application operation has the meaning given by regulation 137.010 of CASR.

airworthiness directive has the meaning given by regulation 39.001A of CASR.

Part 141 flight training has the meaning given by regulation 141.015 of CASR.

Part 142 activity has the meaning given by regulation 142.015 of CASR.

relevant aircraft means any aeroplane manufactured by the Cessna Aircraft Company, or for which the type certificate was issued to the Cessna Aircraft Company:

(a)   to which a relevant document applies; and

(b)   for which the aircraft’s maintenance schedule is:

             (i)  under regulation 42A of CAR, the manufacturer’s maintenance schedule; or

            (ii)  under regulation 42B of CAR, the CASA maintenance schedule.

relevant document means:

(a)   for an aircraft mentioned in paragraph 5 (1) (a) or (b) — any SID; and

Note   SID is defined below.

(b)   for an aeroplane mentioned in paragraph 5 (1) (c) — any of the following documents issued by the Cessna Aircraft Company, as the document exists from time to time:

             (i)  Service Bulletin SEB03-1, Elevator Rivet Installation;

            (ii)  Service Bulletin SB02-55-01, Elevator Rivet Installation;

           (iii)  Service Bulletin SEB05-2, Fuselage Skin and Fuel Step Inspection and Modification;

           (iv)  Service Bulletin SE84-15, Shimmy Dampener Installation Improvement;

            (v)  each SID part that relates to the aircraft landing gear of a relevant Cessna aircraft and is identified with a supplemental inspection number beginning with “32-”.

Note   For aeroplanes mentioned in paragraph 5 (1) (c), the regulations require maintenance to be carried out in accordance with other Cessna documents that apply to the relevant aeroplanes, including the following documents, as existing from time to time:

(a)     SID Supplemental Inspection Number 55-10-01, Horizontal Stabilizer, Elevators and Attachments Inspection;

(b)     SID Supplemental Inspection Number 53-12-01, Fuselage Lower Doorpost and Strut Fitting.

SID means a Cessna Aircraft Company Supplemental Inspection Document, as it exists from time to time.

Note   Some SIDs were issued by the Cessna Aircraft Company as maintenance data in the form of separate instructions specifying how maintenance on the aircraft, aircraft components or aircraft materials are to be carried out, and others in the form of revisions to Cessna aircraft maintenance manuals for specific Cessna aircraft models where they are identified with the heading “Supplemental Inspection Document”. All SIDs are identified by a supplemental inspection number (e.g. “55-10-01”).

5          Application

        (1)     This instrument applies in relation to a relevant aircraft if:

(a)   the aircraft is used only for any of the following:

             (i)  to conduct a private operation;

            (ii)  Part 141 flight training;

           (iii)  a Part 142 activity;

           (iv)  to facilitate a parachute descent;

            (v)  to conduct an operation that is required to be conducted under the authority of an aerial work certificate under Part 138;

           (vi)  to conduct an aerial application operation; or

(b)   the aircraft is:

             (i)  a limited category aircraft; or

            (ii)  a Part 103 aircraft; or

(c)   the aircraft is a single-engine aeroplane used to conduct a non-scheduled air transport operation.

        (2)     An exemption set out in section 6, 7 or 8 applies to the person mentioned in the section, to the extent mentioned in the section, only if a current airworthiness directive does not require that the maintenance must be carried out in accordance with the relevant document.

Note   Under regulation 39.003 of CASR, it is an offence to operate an aircraft if the aircraft, or an aeronautical product fitted to the aircraft, is covered by an airworthiness directive and the operation is in breach of a requirement of the airworthiness directive.

6          Exemption — certificate of registration holder

                 The holder of a certificate of registration for a relevant aircraft is exempt from compliance with subregulation 41 (1) of CAR to the extent that the subregulation requires the holder to ensure the carrying out of all maintenance required by the aircraft’s maintenance schedule that is maintenance mentioned in a relevant document.

7          Exemption — person carrying out maintenance

            A person carrying out maintenance on a relevant aircraft is exempt from compliance with subregulation 42V (1) of CAR to the extent that the person must ensure that the maintenance is carried out in accordance with any applicable provisions of a relevant document.

8          Exemption — person certifying maintenance

                 A person certifying maintenance carried out on a relevant aircraft is exempt from compliance with subregulation 42ZP (1) of CAR to the extent that the subregulation requires that the person must not certify the completion of maintenance carried out on the relevant aircraft, or on an aircraft component or aircraft material of the relevant aircraft, if it was not carried out in accordance with a relevant document.

Note   It is an offence for an operator to permit a flight of an aircraft that is unsafe for the flight — see subsection 20AA (4) of the Civil Aviation Act 1988. Therefore, despite this instrument, the registered operator of a relevant aircraft may wish to continue to ensure its maintenance is carried out in accordance with some or all of the Cessna SIDs or Service Bulletins with which the maintenance does not need to comply under this instrument, to ensure the continued airworthiness of the aircraft. See CASA Airworthiness Bulletin AWB 02-048 Issue 8, Compliance with Cessna Supplemental Inspection Documents (SIDS) for further information.