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CASA EX48/10 - Exemption - maintenance on limited category and experimental aircraft

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Instrument number CASA EX48/10
I, terence farquharson, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed T. Farquharson]
Terry Farquharson
Acting Director of Aviation Safety
27 October 2010
Exemption — maintenance on limited category and experimental aircraft
1          Duration
            This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of 31 August 2012.
2          Application
            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.
3          Exemption
            The person or registered operator is exempt from compliance with the following provisions of CAR 1988:
(a)   regulation 42U;
(b)   paragraphs 42W (2) (b) and 42W (4) (c).
4          Limitation
            The exemption is limited to the extent mentioned in Schedule 1.
5          Conditions
            The exemption is subject to the conditions mentioned in Schedule 2.
Schedule 1          Limitations
     1      The exemption does not apply to:
(a)   maintenance of aircraft instruments and equipment specifically required by 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     In this Schedule:
major design change means a design 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.
      2     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 has occurred:
(a)   the registered operator has provided the following in writing to CASA’s Airworthiness and Engineering Branch, or an authorised person who holds power to make decisions under regulation 35 of CAR 1988 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)  in relation to an aircraft that has a special certificate of airworthiness in force — 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)  in relation to an aircraft for which an experimental certificate is in force — is satisfied the aircraft is not required to be the subject of further flight testing; and
            (iii)  in relation to an aircraft for which an experimental certificate is in force — is satisfied that the nature of the repair or modification does not require the aircraft to be subject to any conditions or operational limitations necessary in the interests of the safety of other airspace users and persons on the ground or water; and
           (iv)  informs the registered operator in writing that the modification or repair is acceptable.
      3     If the maintenance is a modification or repair that invalidates the certificate of airworthiness or the experimental certificate of the aircraft, the registered operator for the aircraft may operate the aircraft only if he or she has obtained a new certificate of airworthiness or experimental certificate for the aircraft.