Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998

made under the

Civil Aviation Act 1988

Compilation No. 79

Compilation date:   31 August 2018

Includes amendments up to: F2018L01131

Registered:    20 September 2018

This compilation is in 5 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 139.005–175.500

Volume 5: regulations 200.001–202.900

 Dictionary and Endnotes

Each volume has its own contents

This compilation includes commenced amendments made by F2018L01131. Amendments made by F2018L01131 commenced immediately before the end of 31 August 2018.

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 31 August 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 200—Aircraft to which CASR do not apply

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

Part 201—Miscellaneous

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

Part 202—Transitional

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

Subdivision 202.AJ.1.A—Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

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 (No. 5)

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 (Subpart 21.J) Regulation 2013

202.052A Transitional—certificates of approval for design activities

Subdivision 202.AJ.1.D—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA Definitions for Subdivision 202.AJ.1.D

202.052B Applications for certain limited category certificates made but not finally determined before commencement time

202.052C Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

202.052D Certain special purpose operations for limited category aircraft

202.052E Certain experimental certificates for certain ex‑armed forces aircraft expire no later than 6 months after the commencement time

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 (No. 1)

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 (Part 21) Regulation 2014

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 (No. 1)

202.059 Authorised persons for regulations 35, 36 and 36A of CAR

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.CB—Transitional provisions for Part 61 (Flight crew licensing)

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 old authorisations

202.272 Grant of equivalent new authorisations for certain holders of old authorisations

202.273 References to authorisations granted on the basis of regulation 202.272

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 logbooks—obligations for holders of old authorisations etc.

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

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 aeronautical radio operator certificates for certain holders of old authorisations

202.304A References to aeronautical radio operator certificates granted on the basis of regulation 202.304

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.CE.1

202.312 Expiry of Division 202.CE.1

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

202.355 Validation of certain licences and ratings granted subject to exclusions during relevant period

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)

202.400 Transitional provision—Part 90 Manual of Standards

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 rockets)

Division 202.FA.1—Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016

202.455 Definition of commencement date for Division 202.FA.1

202.460 Transitional—approved areas for UAVs

202.461 Transitional—UAV controllers

202.462 Transitional—UAV operators

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)

Subpart 202.FS—Transitional provisions for Part 132 (Limited category aircraft)

Division 202.FS.1—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.609 Definitions for Division 202.FS.1

202.610 Warning placards

202.611 Permit indexes assigned by CASA or Australian Warbirds Association Limited

202.612 Limited category aircraft without permit index

202.613 Approval of major modifications and repairs

202.614 Approval to carry more than 6 passengers

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 Repeal of this Division at end of 31 August 2018

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 Repeal of this Division at end of 31 August 2018

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

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

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)

Dictionary

Part 1—Definitions

Part 2—Interpretation of certain expressions not defined in Part 1

1 Parts and materials excluded from the definition of aeronautical product

3 Definition of air transport operation

5 When an aircraft is airworthy

15 Reference to Annexes to Chicago Convention

18 Meaning of authorised release certificate

25 Extended meaning of charged with in relation to certain offences

35 Extended meaning of convicted

36 References to particular kinds of flight crew licences, ratings and endorsements

37 References to flight manual

40 References to operating an aircraft in an area

45 References to EASA certification specifications

50 References to pilot‑in‑command

60 Meaning of psychoactive substance

65 Recognised foreign training providers

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

5 Definitions relating to carrying out maintenance

10 Meaning of instructions for continuing airworthiness

15 Meaning of maintenance data

20 Meaning of maintenance services subcontractor

21 Meaning of CAR maintenance activities subcontractor

25 Meaning of provides

30 Meaning of supervising

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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;

 (e) a limited category organisation.

 (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;

 (e) under subregulation 21.176(5) or Division 132.D.2, a decision by a limited category organisation:

 (i) to assign a permit index number to a limited category aircraft; or

 (ii) to refuse to assign a new permit index number requested by the registered operator of a limited category aircraft.

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.

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.

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

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

Subdivision 202.AJ.1.A—Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

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 (No. 5)

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 (Subpart 21.J) Regulation 2013

202.052A Transitional—certificates of approval for design activities

Subdivision 202.AJ.1.D—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA Definitions for Subdivision 202.AJ.1.D

202.052B Applications for certain limited category certificates made but not finally determined before commencement time

202.052C Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

202.052D Certain special purpose operations for limited category aircraft

202.052E Certain experimental certificates for certain ex‑armed forces aircraft expire no later than 6 months after the commencement time

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 (No. 1)

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 (Part 21) Regulation 2014

202.058A Transitional—approval of damage as permissible unserviceability

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 (No. 1)

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.CB—Transitional provisions for Part 61 (Flight crew licensing)

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 old authorisations

202.272 Grant of equivalent new authorisations for certain holders of old authorisations

202.273 References to authorisations granted on the basis of regulation 202.272

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 logbooks—obligations for holders of old authorisations etc.

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

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 aeronautical radio operator certificates for certain holders of old authorisations

202.304A References to aeronautical radio operator certificates granted on the basis of regulation 202.304

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.CE.1

202.312 Expiry of Division 202.CE.1

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

202.355 Validation of certain licences and ratings granted subject to exclusions during relevant period

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)

202.400 Transitional provision—Part 90 Manual of Standards

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)

Division 202.FA.1—Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016

202.455 Definition of commencement date for Division 202.FA.1

202.460 Transitional—approved areas for UAVs

202.461 Transitional—UAV controllers

202.462 Transitional—UAV operators

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)

Subpart 202.FS—Transitional provisions for Part 132 (Limited category aircraft)

Division 202.FS.1—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.609 Definitions for Division 202.FS.1

202.610 Warning placards

202.611 Permit indexes assigned by CASA or Australian Warbirds Association Limited

202.612 Limited category aircraft without permit index

202.613 Approval of major modifications and repairs

202.614 Approval to carry more than 6 passengers

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 Repeal of this Division at end of 31 August 2018

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 Repeal of this Division at end of 31 August 2018

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

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

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)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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)

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 (No. 1)

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.

Subdivision 202.AJ.1.B—Amendments made by Civil Aviation Amendment Regulations 1999 (No. 5)

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 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 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.

202.051  Certificates of airworthiness

 (1) A certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 24 of CAR 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, a direction that was, immediately before 1 October 1998, in force under paragraph 25(1)(b) of CAR as then in force continues in force on and after that date according to its terms.

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 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.

Subdivision 202.AJ.1.C—Amendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

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.

Subdivision 202.AJ.1.D—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA  Definitions for Subdivision 202.AJ.1.D

  In this Subdivision:

commencement time means the commencement of the Civil Aviation Legislation Amendment (Part 132) Regulation 2016.

202.052B  Applications for certain limited category certificates made but not finally determined before commencement time

 (1) This regulation applies if, before the commencement time, an application for a limited category certificate for an aircraft was made but had not been finally determined.

 (2) The application must be determined in accordance with regulations 21.176 and 21.189 as in force before the commencement time.

202.052C  Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

  Subregulations 21.176(5) and (5A) apply to a limited category certificate for an aircraft issued on or after the commencement time.

202.052D  Certain special purpose operations for limited category aircraft

 (1) This regulation applies if, immediately before the commencement time, a person held a special certificate of airworthiness for operating an historic or ex‑military aircraft in adventure style operations.

 (2) The person is taken, on and after the commencement time, to hold a special certificate of airworthiness for conducting adventure flights in an historic or ex‑military aircraft.

202.052E  Certain experimental certificates for certain ex‑armed forces aircraft expire no later than 6 months after the commencement time

 (1) This regulation applies to an experimental certificate for an ex‑armed forces aircraft if:

 (a) it was in force or under suspension immediately before the commencement time; and

 (b) it was issued for a purpose mentioned in paragraph 21.191(d) (exhibition).

Note: A suspended certificate is taken not to be in force: see regulations 11.132, 21.002C and 21.195B.

 (2) The certificate expires at the earliest of the following times:

 (a) if a period for which the certificate is in force is specified in the certificate—the end of the period;

 (b) when a limited category certificate is issued for the aircraft;

 (c) when the certificate is cancelled;

 (d) when the aircraft ceases to be registered in Australia;

 (e) the day after the end of the period of 6 months beginning at the commencement time.

 (3) This regulation applies despite subregulation 21.195B(2).

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 (No. 1)

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.

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) an 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.

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) an 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.

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.

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.

Subdivision 202.AJ.2.B—Amendments made by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014

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.

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 (No. 1)

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)

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)

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)

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)

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)

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.

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.

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)

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).

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.

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.

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.

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.

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.

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.

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.

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).

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)

Division 202.BD.1—Amendments made by the Civil Aviation Amendment Regulation 2000 (No. 3)

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).

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

 (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.

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.

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.

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)

Division 202.BF.1—Transitional provisions relating to the commencement of Part 47

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.

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.

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.

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.

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.

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.

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

  In this Division:

amending regulation means the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014.

commencement means the commencement of the amending regulation.

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).

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.CB—Transitional provisions for Part 61 (Flight crew licensing)

Division 202.CB.1—Amendments made by regulations commencing 1 September 2014

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.

Subdivision 202.CB.1.1—General

202.260  Application of Division 202.CB.1—balloons excluded

  This Division does not apply in relation to an old authorisation for a balloon.

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 immediately before the commencement of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1):

 (i) Civil Aviation Order 29.6;

 (ii) Civil Aviation Order 29.10;

 (iii) Civil Aviation Order 29.11; and

 (c) the amendments of Civil Aviation Order 82.6 commencing on 1 September 2014.

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 29.6;

 (c) Civil Aviation Order 29.10;

 (d) Civil Aviation Order 29.11;