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Part 45 — 10
(ii) that has the same external configuration as an aircraft built
45 years or longer ago; and
(c) an Australian aircraft of a type mentioned in subparagraph
21.189 (1) (a) (ii) for which there is in force:
(i) a special certificate of airworthiness of the kind mentioned
in regulation 21.189; or
(ii) an experimental certificate issued for the purposes
mentioned in paragraph 21.191 (b), (c), (d) or (e).
Note An aircraft in any of the categories mentioned in paragraph (1) (a) is an
aircraft whose type design is certificated as meeting airworthiness standards
equivalent to those set out in Part 23 .
(2) The registration holder of an aircraft to which this regulation applies
need not comply with any of regulations 45.045, 45.050, 45.055 and
45.060 that would otherwise apply in relation to the aircraft, nor with
regulations 45.065, 45.070, 45.075, 45.080 and 45.085, if:
(a) the aircraft’s markings are either on each side of the fuselage, or
as follows:
(i) if the aircraft has a single vertical tail — on each of the
surfaces of the vertical tail; or
(ii) if the aircraft has a multi-vertical tail — on each of its
outer surfaces; and
(b) those markings are at least 50 millimetres high; and
(c) there are no other marks beginning with VH anywhere on the
aircraft; and
(d) if the aircraft is being operated in a foreign country, failure to
comply with those regulations would not contravene a law of that
country .
Note For the definition of private operations see subregulation 2 (7) of CAR. For
the definitions of experimental certificate and registration holder see the
Dictionary.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 45 — 11
45.105 Aircraft with special configuration
(1) This regulation applies to an Australian aircraft if, because of the
aircraft’s configuration, it is not possible for it to bear its markings in
accordance with whichever is applicable of regulations 45.045,
45.050, 45.055 and 45.060.
(2) On application by the aircraft’s registration holder, CASA must give
the registration holder a written direction about where the aircraft
must bear its markings.
(3) Despite regulations 45.065, 45.070, 45.075, 45.080 and 45.085, the
direction may specify the size and spacing of the characters and any
hyphens in the sets.
(4) The registration holder must comply with the direction.
Penalty: 50 penalty units.
(4A) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) If CASA gives a direction in respect of an aircraft under subregulation
(2), the aircraft’s registration holder need not comply with whichever
of regulations 45.045, 45.050, 45.055 or 45.060 would otherwise
apply, nor with regulations 45.065, 45.070, 45.075, 45.080 and
45.085, to the extent that the direction requires otherwise .
45.110 Australian aircraft used by Defence Force
In spite of regulations 45.040, 45.045, 45.050, 45.055, 45.060,
45.065, 45.070, 45.075, 45.080 and 45.085, if an Australian aircraft is
being used by the Defence Force its markings may be removed or
covered.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 45 — 12
Division 45.B.3 Removal of markings
45.115 Removal of markings from sold aircraft
(1) This regulation applies if an Australian aircraft is sold to a person
other than:
(a) an Australian citizen; or
(b) an individual who is not an Australian citizen, but holds a
permanent visa (within the meaning of the Migration Act 1958);
or
(c) a corporation incorporated under the Corporations Law of a State
or Territory; or
(d) a body incorporated under a law (other than the Corporations
Law of a State or Territory) in force in Australia; or
(e) the Commonwealth, a State or a Territory, or an agency of the
Commonwealth, a State or a Territory; or
(f) a foreign corporation that :
(i) is lawfully carrying on business in Australia; and
(ii) intends to base, and primarily use, the aircraft in Australia.
(2) The person who was the aircraft’s registration holder immediately
before the sale is guilty of an offence if the aircraft’s markings are not
removed from it before it is delivered to the purchaser.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
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