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aircraft or private operations of prototype aircraft previously
certificated under paragraph 21.191 (a), (b) or (d), continues in force:
(a) if a period is specified in the certificate — until the end of the
period, or until it is cancelled, whichever occurs first; or
(b) in any other case — until it is cancelled.
(3) The holder of an experimental certificate must, on the request of
CASA or an authorised person, make it available for inspection by
CASA.
Penalty: 5 penalty units.
(4) An experimental certificate for an aircraft stops being in force if the
aircraft ceases to be registered in Australia.
(5) CASA or an authorised person may suspend or cancel an
experimental certificate for an aircraft, by written notice given to its
holder, if:
(a) any maintenance is not carried out in accordance with regulation
42CB of CAR; or
(b) CASA or the authorised person otherwise considers that it is
necessary to do so in the interests of the safety of other airspace
users and persons on the ground or water.
(6) A notice under subregulation (5) must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension — when the suspension stops having
effect.
(7) Despite anything else in this regulation, an experimental certificate is
not in force during any period of suspension, but, if the certificate was
issued for a specified period, the period of suspension counts as part
of the period for which the certificate was issued.
(8) The holder of an experimental certificate that stops being in force
under subregulation (4), expires, or is suspended or cancelled, must,
at the written request of CASA or an authorised person, surrender the
certificate to CASA or the authorised person.
Penalty: 5 penalty units.
(9) An offence against subregulation (3) or (8) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.181 modified.
Note See also regulations 21.002C and 21.002E in relation to suspension and
cancellation of experimental certificates.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 10 – 28 July 2004 Civil Aviation Safety Authority
Part 21 — 83
21.196 Special flight permits: eligibility
Any person is eligible to apply for a special flight permit.
21.197 Special flight permits
(1) A special flight permit may be issued for one or more of the
following purposes for an aircraft that may not currently meet the
applicable airworthiness requirements, but can reasonably be
expected to be capable of safe flight for the intended purpose:
(a) flying the aircraft to a base where repairs, alterations, or
maintenance are to be performed, or to a point of storage;
(b) delivering or exporting the aircraft;
(c) production flight testing new production aircraft;
(d) evacuating the aircraft from areas of impending danger;
(e) conducting customer demonstration flights in new production
aircraft that have satisfactorily completed production flight tests;
(f) assisting in searching for, bringing aid to or rescuing persons in
danger on a particular occasion;
(g) assisting in dealing with a state of emergency.
(2) A special flight permit may authorise the operation of an aircraft at a
weight in excess of its maximum certificated take-off weight for
flight beyond the normal range over water, or over land areas where
adequate landing facilities or appropriate fuel is not available. The
excess weight that may be authorised under this paragraph is limited
to the additional fuel, fuel-carrying facilities, and navigation
equipment necessary for the flight.
(3) For subsection 20AA (1) of the Act, an aircraft with a special flight
permit, except a special flight permit issued for a purpose mentioned
in paragraph (1) (b), is not required to be registered.
(4) For paragraph 20AA (3) (a) of the Act, an aircraft with a special flight
permit is not required to have a certificate of airworthiness.
(5) For paragraph 20AA (3) (b) of the Act, an aircraft with a special
flight permit is not required to have a maintenance release.
(6) When CASA or an authorised person issues a special flight permit, it
may direct that, while the permit is in force, all or any of paragraphs
133 (1) (a), (c) and (d), and regulation 139, of CAR do not apply to
the aircraft.
Source FARs section 21.197 modified.
21.199 Applications for special flight permits
(1) An applicant for a special flight permit must submit a statement in a
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