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Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
NOTE Pages 39 to 50 have been omitted following the
repeal of Part 3
Replacement Page Amdt No. 8
December 2004
52 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
PART 4 AIRWORTHINESS REQUIREMENTS
Division 1 Design standards
21 Design standards for aircraft
(1) CASA may issue a design standard for an aircraft for which no
appropriate design standard is in force.
(2) However, CASA must issue a design standard for an aircraft for which
no appropriate design standard is in force if a person applies under
regulation 35 for approval of the design of a modification or repair of
the aircraft.
(3) A design standard must state the specifications with which CASA
considers the aircraft should comply to ensure that it is capable of
being flown safely in normal operations in accordance with these
regulations.
21A Design standards for aircraft components
(1) CASA may issue a design standard for an aircraft component for
which no appropriate design standard is in force.
(2) However, CASA must issue a design standard for an aircraft
component for which no appropriate design standard is in force if:
(a) the person applies under regulation 35 for approval of the design
of a modification or repair of a component; or
(b) a person applies under regulation 36 for approval of a
component.
(3) A design standard must state the specifications with which CASA
considers the component should comply to ensure that the aircraft
fitted with the component is capable of being flown safely in normal
operations in accordance with these regulations.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 53
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 2 Foreign Operators
29 Damage etc. to aircraft of a Contracting State
(1) Where an aircraft possessing the nationality of a Contracting State is
in Australian territory and is found to have suffered major damage or
to have developed a major defect, CASA may direct that the aircraft
shall not fly.
(2) Where CASA gives a direction under this regulation, CASA shall
furnish to the appropriate authority of the Contracting State a
notification of the action taken by CASA and a report of the damage
or defect, as the case may be.
(3) CASA may, unless CASA considers that it would be detrimental to the
safety of air navigation to do so, revoke a direction given under this
regulation if the appropriate authority of the Contracting State notifies
CASA that the appropriate authority:
(a) has revoked any suspension of the certificate of airworthiness of
the aircraft to which the direction relates that the appropriate
authority had imposed;
(b) considers that the damage or defect by reason of which the
direction was given is not of such a nature as to prevent the
aircraft from fulfilling the minimum requirements of safety
adopted in pursuance of the Convention; or
(c) considers that, in the circumstances of the case, the aircraft to
which the direction relates should be permitted to fly without
passengers to a place at which the necessary repairs or
modifications can be made.
(4) In revoking a direction under this regulation, CASA may give a further
direction imposing such conditions on the operation of the aircraft as
are notified to CASA by the appropriate authority referred to in
subregulation (3).
(5) A direction given under this regulation does not have effect in relation
to a person until it has been served:
(a) on the person; or
(b) if the direction cannot be served on the person—by affixing the
direction to the aircraft to which it relates.
(6) A person must not fly an aircraft in contravention of a direction, or any
condition imposed by a direction, given under this regulation.
Penalty: 50 penalty units.
(7) An offence against subregulation (6) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
54 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 3 Certificates of Approval, Aircraft Maintenance Engineer
Licences, Airworthiness Authorities and Aircraft Welding
Authorities
29A Interpretation
(1) In this Division:
aircraft welding examination means a welding examination:
(a) based on examination materials published by CASA in a
document called “Aircraft Welding Examinations”, as in force
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