I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 200.010 of the Civil Aviation Safety Regulations 1998.
[Signed Bruce Byron]
Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer
12 November 2007
Civil Aviation Order 95.34 Instrument 2007
1          Name of instrument
            This instrument is the Civil Aviation Order 95.34 Instrument 2007.
2          Commencement
            This instrument commences on 12 November 2007.
3          Civil Aviation Order 95.34
             Schedule 1 makes Civil Aviation Order 95.34.
Schedule 1          Civil Aviation Order 95.34
NHIndustries NH90 Tactical Transport Helicopter
1          Application
   1.1     This section applies to NHIndustries NH90 Tactical Transport Helicopter undergoing production flight testing or acceptance flight testing in Australia.
   1.2     For regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998), this Order sets out the conditions with which the aircraft to which this Order applies must comply in order to be exempt from compliance with the Civil Aviation Regulations 1988 and CASR 1998.
2          Definitions
             In this Order:
production flight testing means production flight testing as defined in regulation 200.010 of CASR 1998.
acceptance flight testing means acceptance flight testing as defined in regulation 200.010 of CASR 1998.
flight testing means production flight testing or acceptance flight testing.
ADF means the Australian Defence Force.
Australian Aerospace means Australian Aerospace Limited.
3          Conditions
   3.1     Australian Aerospace must exercise authorisation and control of flight testing of the NHIndustries NH90 Tactical Transport Helicopter to the extent necessary to ensure that the aircraft are airworthy.
   3.2     The ADF must exercise the authorisation and control of the flight testing necessary to ensure that the aircrew of the NHIndustries NH90 Tactical Transport Helicopter have appropriate ratings, medical classification and flying experience to the extent necessary and in accordance with military standards.
   3.3     Before beginning flight testing, Australian Aerospace personnel must conduct an inspection of the aircraft to determine whether:
(a)   it complies with the design standard; and
(b)   it is suitable for flight testing.
   3.4     Before beginning flight testing, the ADF must ensure that all ADF pilots conducting tests are properly authorised to do so.
   3.5     Production flight testing must be conducted in accordance with the applicable publication issued by Australian Aerospace or NHIndustries.
   3.6     Acceptance flight testing must be conducted in accordance with:
(a)    the applicable publications issued by Australian Aerospace or NHIndustries; and
(b)    the aircraft operating limitations issued from time to time by Australian Aerospace or NHIndustries; and
(c)    the applicable flight manual and airworthiness directives issued by the ADF.