CASA EX51/15 - Exemption — maintenance on limited category and experimental aircraft

Link to law: https://www.comlaw.gov.au/Details/F2015L00340

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Instrument number CASA EX51/15
I, Peter William Boyd, Executive Manager, Standards Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed P. Boyd]
Peter Boyd
Executive Manager
Standards Division
25 March 2015
Exemption — maintenance on limited category and experimental aircraft
1          Duration
                 This instrument:
(a)   commences on 1 April 2015; and
(b)   expires at the end of March 2017, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA EX180/12 is repealed.
3          Definition
                 In this instrument:
major design change means a design change that has a significant effect on:
(a)   the weight and balance of the aircraft; or
(b)   the structural strength of the aircraft; or
(c)   the performance of the aircraft; or
(d)   the operational characteristics of the aircraft; or
(e)   other characteristics that may affect the validity of the special certificate of airworthiness or the experimental certificate for the aircraft.
4          Application
                 Subject to Schedule 1, this instrument applies to:
(a)   each person carrying out maintenance on a limited category or experimental aircraft; and
(b)   the registered operator of the aircraft.
5          Exemptions
                 The person or registered operator is exempt from compliance with the following provisions of the Civil Aviation Regulations 1988 (CAR 1988):
(a)   regulation 42U;
(b)   paragraphs 42W (2) (b) and 42W (4) (a) and (c).
6          Conditions
            The exemptions are subject to the conditions mentioned in Schedule 2.
Schedule 1          Scope of application
     1      This instrument does not apply to:
(a)   maintenance of aircraft instruments and equipment specifically required by CASR 1998, CAR 1988 or the Civil Aviation Orders; or
(b)   maintenance related to a condition of the special certificate of airworthiness or experimental certificate for the aircraft; or
(c)   maintenance specified in an Airworthiness Directive or a direction issued by CASA applicable to the aircraft; or
(d)   maintenance related to an instruction specified in the aircraft’s approved maintenance data.
     2      In relation to replacement of aircraft components, the exemption only has application if no replacement component is available to the registered operator.
Schedule 2          Conditions
        1     Subject to Schedule 1, if the maintenance is a modification or repair that is a major design change to the aircraft, the registered operator for the aircraft must not operate or allow the aircraft to be operated for flight after the modification or repair to the aircraft until all of the following have occurred:
(a)   the registered operator has provided the following information in writing to CASA’s Airworthiness and Engineering Branch, or an authorised person who holds power to make decisions under regulations 21.006A and 21.009 and the provisions of Subpart 21.M of CASR 1998, or a person who is authorised to issue a certificate of airworthiness in the category of the aircraft:
             (i)   a description of the repair or modification (and if the change or repair has been made, photographs of it);
            (ii)  the reasons for making the repair or modification;
           (iii)  how the repair or modification may affect any of the matters specified in the definition of major design change (for example, weight and balance);
           (iv)  why the repair or modification will not affect the safety of the aircraft;
(b)   CASA, or the authorised person, after assessing the information provided:
             (i)  is satisfied that the aircraft can reasonably be expected to be safe when it is operated under the conditions limiting its intended use in its repaired or modified condition and the aircraft’s maintenance schedule adequately takes into account the proposed repair or modification; and
            (ii)  is satisfied the aircraft is not required to be the subject of further flight testing; and
           (iii)  informs the registered operator in writing that the modification or repair is acceptable.
        2     CASA, or the authorised person, may issue a new special certificate of airworthiness with appropriate conditions attached, if CASA or the authorised person considers that:
(a)   the conditions limiting the aircraft’s intended use in its repaired or modified condition are not adequate or appropriate; or
(b)   the aircraft’s maintenance schedule does not take into account the proposed repair or modification.
      3     If CASA, or the authorised person, considers flight testing to be necessary, CASA, or the authorised person, must issue an experimental certificate for the purpose under paragraph 21.191 (b) of CASR 1998, and the test flights must be conducted in accordance with any procedures or conditions specified on the certificate.