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deviations approved under subregulation 21.609 (3)) if the applicant
has, or will have, the ability to produce articles that comply with the
ATSO or TSO, or the ATSO or TSO as varied.
Source FARs section 21.605 modified.
21.607 General rules governing holders of ATSO authorisations
(1) An article manufacturer to whom an ATSO authorisation for the
article has been issued must ensure that:
(a) the article is manufactured in accordance with this Part and the
applicable ATSO or TSO (including any deviations approved
under subregulation 21.609 (3)); and
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR – 1st Edition – January 2003
Civil Aviation Safety Authority Replacement Page— Amdt No. 5: Effective 27 November 2003
Part 21 — 116
(b) all tests and inspections required under these regulations, or the
applicable ATSO or TSO, are conducted, and a quality system is
established and maintained that is adequate to ensure that the
article meets the requirements of paragraph (a) and is in a
condition for safe operation; and
(c) the article is permanently and legibly marked with the following
information:
(i) the name and address of the manufacturer;
(ii) the name, type, part number, or model designation of the
article;
(iii) the serial number or the date of manufacture of the article
or both;
(iv) unless subparagraph (v) applies, the applicable ATSO or
TSO number with the prefix ‘ATSO’;
(v) if the article was manufactured in accordance with an FAA
letter of TSO design approval, the applicable TSO number
with the prefix ‘TSO’.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.607 modified.
21.609 Approval for deviation
(1) An article manufacturer who requests approval to deviate from any
performance standard of an ATSO or TSO must show that the
standards from which a deviation is requested are compensated for by
factors or design features providing an equivalent level of safety.
(2) The request for approval to deviate, together with all pertinent data,
must be submitted to CASA. If the article is manufactured in another
country, the request for approval to deviate, together with all pertinent
data, must be submitted to CASA through the NAA of that country.
(3) CASA may approve the deviation if the requirements of this
regulation are met.
Source FARs section 21.609 modified.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page— Amdt No. 5: Effective 27 November 2003 Civil Aviation Safety Authority
Part 21 — 117
21.611 Design changes
Minor changes by the manufacturer holding an ATSO authorisation
(1) An article manufacturer manufacturing an article under an ATSO
authorisation may make minor design changes (any change other than
a major change) without further approval by CASA. In this case, the
changed article keeps the original model number (part numbers may
be used to identify minor changes).
(2) The manufacturer must forward to CASA any revised data that are
necessary for compliance with subregulation 21.605 (3).
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Major changes by manufacturer holding an ATSO authorisation
(3) Any design change by the manufacturer that is extensive enough to
require a substantially complete investigation to determine
compliance with an ATSO or TSO is a major change. Before making
such a change, the manufacturer must assign a new type or model
designation to the article and apply for an ATSO authorisation under
regulation 21.605.
Changes by person other than manufacturer
(4) No design change by any person (other than the article manufacturer
who submitted the statement of conformance for the article) is
eligible for approval under this Part unless the person seeking the
approval is an article manufacturer and applies under subregulation
21.605 (1) for a separate ATSO authorisation. Persons other than an
article manufacturer may obtain approval for design changes under
regulation 35 of CAR.
Source FARs section 21.611 modified.
21.613 Record keeping requirements
Keeping the records
(1) An article manufacturer holding an ATSO authorisation must, for
each article manufactured under that authorisation, keep the following
records at its factory:
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