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Navigation (Aircraft Noise) Regulations, the Air Navigation (Aircraft Engine
Emissions) Regulations or any other applicable Commonwealth legislation.
Compliance with those regulations or other applicable Commonwealth legislation
may be required before the aircraft, aircraft engine or propeller may be legally
operated.
21.211 Applicability
This Subpart prescribes requirements for the issue of provisional
certificates of airworthiness.
Source FARs section 21.211 modified.
21.213 Eligibility
(1) A manufacturer is eligible to apply for a Class I or Class II
provisional certificate of airworthiness for aircraft manufactured by
the manufacturer in Australian territory.
(2) The holder of an AOC issued for regular public transport operations
is eligible to apply for a Class II provisional certificate of
airworthiness for transport category aircraft if:
(a) the aircraft has a current Class II provisional type certificate or a
current amendment of a Class II provisional type certificate; or
(b) the aircraft has a current provisional amendment to a type
certificate that was preceded by a corresponding Class II
provisional type certificate.
(3) An aircraft engine manufacturer who has altered a type certificated
aircraft by installing different type certificated engines, manufactured
by the aircraft engine manufacturer in Australian territory, is eligible
to apply for a Class I provisional certificate of airworthiness for that
aircraft, if the basic aircraft, before alteration, was type certificated in
the normal, utility, acrobatic, commuter, primary, intermediate or
transport category.
Source FARs section 21.213 modified.
21.215 Application
Application for a provisional certificate of airworthiness may be
submitted to CASA. The application must be accompanied by the
pertinent information specified in these regulations.
Source FARs section 21.215 modified.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 87
21.216 Issue of provisional certificates of airworthiness
CASA must issue a provisional certificate of airworthiness to an
applicant for the certificate if the applicant:
(a) is eligible, under regulation 21.213, to apply for the certificate;
and
(b) applies for the certificate in accordance with this Subpart; and
(c) is entitled, under this Subpart, to the certificate; and
(d) otherwise complies with this Part.
21.217 Duration
(1) Unless sooner cancelled, provisional certificates of airworthiness are
effective for the duration of the corresponding provisional type
certificate, amendment to a provisional type certificate, or provisional
amendment to the type certificate.
(2) Despite subregulation (1), a provisional certificate of airworthiness is
not in force during any period of suspension.
(3) CASA may suspend or cancel a provisional certificate of
airworthiness, by written notice given to its holder, if CASA
considers that it is necessary to do so in the interests of aviation
safety.
(4) A notice 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.
Source FARs section 21.217 modified.
Note See also regulations 21.002C and 21.002E in relation to suspension and
cancellation of provisional certificates of airworthiness.
21.219 Transferability
(1) Class I provisional certificates of airworthiness are not transferable.
(2) Class II provisional certificates of airworthiness may be transferred to
an AOC holder eligible to apply for a certificate under subregulation
21.213 (2).
Source FARs section 21.219 modified.
21.221 Class I provisional certificates of airworthiness
(1) Except as provided in regulation 21.225, an applicant who holds a
Class I provisional type certificate for an aircraft is entitled to a Class
I provisional certificate of airworthiness for the aircraft if:
(a) the applicant meets the eligibility requirements of regulation
21.213; and
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 88
(b) CASA is satisfied that the requirements of this regulation are
satisfied and that there is no feature, characteristic or condition
of the aircraft that would make the aircraft unsafe when operated
in accordance with the limitations mentioned in subregulation
21.81 (4) of these regulations and regulation 262AO of CAR.
(2) The manufacturer must hold a provisional type certificate for the
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